# SOUTHERN UTE INDIAN TRIBE

January 30, 2012
James B. Martin, Regional Administrator United States Environmental Pcmcction Agency Region 8 1595 Wynkoop Street Denver, Colorado**80202 1129**  Re: Request for Full Part 70 Operating Pennit ProgrAm Approval Dear Mr

. Murin:
I am writing to request full approval of the Tribe's Part 70 Operating Permit Program based on the EPA

-requited cbanges to the Reservation Air Code that have been made by the Southern L'te Indian Tribe/State of Colorado Environmental Commission. The changes made 

### by the E nvironmental Commission are evidenced by the enclosed documents.
In 

### its March 9, 2011, Federal Register notice of 

### its proposed interim approval of the Title V Operating Pennit Program for the Reservation, the 

## u.s. Environmental Protection Agency determined that certain changel; had 10 be made to tbe Reservation Air Code in order for the Tribc to receive full Title V Program approvaL 76 FEI)

. REG. 12926, 12930 (March 9, 2011). EPA staff recommended that the changes be made as soon as possible. In response, the Tribe recommended the cbanges to the Environmental Commission and the Environmental Commission, using its direct-final rulemaking procedurc (because the changes were not controversial and no adverse comments were received) adopted the changes. '[be following arc the EPA

-required changes to the Reservation Air Code that have been made by the Environmental Commission: 1. The "Emissions unit" definition has been modified to include pollutants l isted under 112(b) of the nean 

### Air Act.
2. ' 111e "Major source" definition has been modified to include the updated definition for purposes of regulating greenhouse gases as part of the Pre\ > ention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule (GHG Tailoring Rule). 

### See 75 FR 106 at 31514

- 31608 Gune 3, 2010).

ror YOUt convenience, the old dcfmitions for "Emissions unir" and "Major source" and the new definitions fot those tenus adopted by the Environmental Commission are shown on Exhibit 5 which is included among the attached materials. Questions about this request and the attached supporting materials should be direcred to Thomas Johnson (970.563.0135), who is the Oi vision Ilead for the Tribe's Environmental Programs

P.O. Box 737 • 10 NAC10, CO 81137 • PHONE: 970-563-0100

### January 30, 2012 Page 2 of2 Division, Brenda Jarrell (970.563.4705), who is the Tribe's Air Quality Program Manager, or tribal**~HtOtncys** Lorelyn 

### Hall (970.563.011 ext. 

### 2143) or 

### Sam \VI. 

### Maynes (970.247.1755).

Sinccrcl)',

Jimmy 

### R. Newton, Jr., Chairman

cc: Southern Ute Indian Tribe/ Stare of Colorado nnvironmcntlll Commission Mike Silvcrslein. Administrator, Colo. Air Pollution Control Commission

### TABLE OF C ONTENTS

EPA's C lean Ai r Act Interim Approval of Title V Operating Permits Program; 

### So uthern Ute Indian Tribe (76 FED. RE G. 

### 12926, 12930 (Marc h 9, 2011» 1 Resoluti on No. 2011-4 of the Southern Ute Indian Tribe/State of Colorado Envi ronmental Co mmission adopting the EI)A

-rcquircd changes to the Reservation Air Co de 2 

### Notice of Direct Final Rulcmaking and Request for Comments on EPA-Required 

### Changes to Reservation Air Code and Title V Operating Permit Program (together ,vith Proof of Publication) 3 Certificate of Sen'ice and Copies of Direct otice Letters .4 

### Exhibit showing old and new definition s for "' Emission unit" a nd "Major so urce " 5 Reserva tion Air Co de with EPA-required changes 6 Confirm ati on Notice of Direct Final Rulemaking on EPA-Required Cha nges to Reservation Air Code and Title V Operating Permit Program 7 Copy of Email Notice of Confirm at ion No tice (with Proof of Publication) 8 Re vised Transition 1>lan 9 Revised Fee Demo nstration 10 U

pdated Resumes and Air Quality Technical Manager Job Description 11 Resolution of the So uthern U te Indian Tribal Co uncil authorizing sub mittal of request for full T itle V Program approva l 12

# Tab 1

# .. ? 12926 Federal Register I Vol. 75. No

. 46/ Wednesday. March 9. 20111 Proposed Rules when tho Agency decides not to use available and applicable 

### Yes.

This action does nol involve changes to the tochnical standards related 10 test methods or monitoring methods; thus. the requirements of section 12[d) of the Natiolllli Technology Transfer and Advnncoment Act of HJ9S [15 V.S,c. 272) do not apply. /. I::xecutive Order 12898: federal Ac/ions To Address l:.'llvirorullonlal Justice in Minority Populations Gnd Low-Income Populations

Executive Order 121198 (59 FI{ 7629. February 16. 1994) establishes Federal executive policy on environmental justice. Its main provision direcls Federal agencies. to the greatest extent practicable and permitted by law. to make environmental justice part of thei r mission by identifying and addressing. as appropriate, disp roportionately high and adverse human health or onvironmental effects of their progrnms. policies. and activities on minority populations and low-income populations in the United States.

This proposed rule does not involve special consideration of environmental justice-related issues as required by Executive Order 12808. Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7620. February 16. t994), bl.-'Cause it does not ch ange any regulatory requirements. This action merely corrects and clarifies existing requirements. Ust of Subjects in 40 CFR Part 63

Administrative practice and procedure. Air pollution control. Hazardous substances, Incorporation by reference. Intergovernmental relations. Reporting and recordkooping requirements.

Oaloo; March I. ZOt t. Usa P. JackliOn, Administrator. [Fll.1)oc.2011 51U5 Filod 3--8 11: B:45 am! BILLING eOOE 856C)..!6-P
ENVIRONMENTAL PROTECTION AG E NCY 40 CFR Part 70 [ EPA-R08-0AR-20 11-OO15; FRL-9277-9] Clean Air Act Proposed I nterim Approval of Title V Operating Permits Program; Southern Ute Indian Tribe AG ENC Y: Environmental Protection Agency (EPA]. ACTION : Proposed rule. SUMM AR Y: Tho EPA proposes interim approval of the Title V Operating Permits Program submitted by the Southern Ute Indian Tribe (Trioo). The Tribe's Title V Operating Permit Program (Title V Program) was submilled for the purpost.! of administering a tribal program for issuing operating permits to all major stationary sources. and certain other sources on the Southern Ute Indian Reservation (Reservation]. OATES: Comments on this proposed action must be received on or before April 8. 2011. Comments should be addressed 1 0 the contact indicated below. AODRESSES: Submit you r cOlllments, identified by Docket ID No. EP A-R08- OAR-201 I-0015. by one of the following methods:

• htlp:llwlI'w.regu/atjons.gov. Follow the**on~line** instructions for submitting comments.

• E-mail: lebow-(lol.deborah@epo.gov and north.olexis@epa.gov.

• Mail: Deborah Lebow Aal. Acting Director, Air Program. Environmontal Protection Agency (EPA), Region 8, Mailcode 8P-AR, t595 Wynkoop Street. Denver. Colorado 80202-1129.

• Hand Delivery: Duborah Lubow Aal. Acting Director. Air Program. Environmental Protection Agency (E PA ), Region Ii, Mailcode BP-AR. t595 W)'nkoop Street, Denve r. Colorado 80202-11Z9. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4;30 p.rn .. exchlding Fedcf<ll holidays. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket 10 No. EPA-ROS-QAR-20tt00 15. EPA's policy is that all COlllments received will be included in the public docket without change and may be made available online at http:// II'IVlv.regulatioM.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBl) or other information whose disclosure is restriclL'd by statute. Do not sub mit information that you consider to be 

### cm or otherwise protected through http:// 1I'1I'1Y.rvgulolions.gov or e-mail. The http://lI'lvlI'.regu/otiol1s.govWobsite is an**~anonymous** access" system. which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly 10 EPA, without going through http:// IVwIV.regulations.gov, your e-mai I address will be automatically captured and included as part of tho comlllent that is placed in the public docket and made available on the Internel. If you submit an electronic commen !, EPA rL'Commends th3t you include your name and other contact information in tho body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your commen t due to technical difficulties and canllot contact you for clarification. EPA may not be able to consider your co mment. Electronic files should avoid the use of special characters. any form of enc ryption, and be froo of any dofects or vi ruses. For additional information about EPA's public docket v isit the EPA Docket Center h01T1opage at http:// IVIVlI'.opa .gov/c{J<1homcl**docket~·.** ht III.

Docket: All documents in tha docket are listed in the http:// IVlVw.regu/ations.gov index. Although listed in the index, some information is not publicly available, e.g., 

### cm or other information whose disclosure is restricted by statute. Certain other material. such as copyrighted material. will be publicly availab le only in hard copy. Publicly-available docket materials are available either electronically in http:// wIVII'.regulatiolls.gov or in hard copy at the Air Program. Environmental Protection Agency (EPA)

. Region 8. 1505 Wynkoop Slme!. Denver, Colorado 80202-1129. EPA requests that if at all possible. you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the dockot. You Illay view the hard copy of the docket Monday through Friday, 6 a.m. to 4 p.m .. excluding Federal holidays. FOR FURTHER INFORMAT ION CONTACT : Alexis North. Air Program, Mai1code 1H'-AR. Environmental Protection Agency. Region 8. 1595 Wynkoop Street. Denver. Colorado 80202-1120, (303) 312-7005. or Ilorth.alexis@epo.gov. SU PPLE MENTARY IN F O R MATION : Delinitions

For the purpose of this document , we are giving meaning to certain words or initials as follows:

(0 The word Act or initials CAA mean or refer to the Clean Air Act. unless the context indicates otherwise.

(ii] The word Commission moans the joint Southern Ute Indian Tribe/State of Colorado Environmental Commission.

(iii) The words EPA. we,**u.~** or our mean or refer to the United States Environmental Protection Agency.

(Iv) The word Title V Progml/l means the Tribe's Applicatiol1 for Approval of Ihe SOllthern Ute Indian Tribe's 40 CFR Part 70 Operoting Permit Progrom datedFederal Register 1 Vol. 76. No. 461 W ed nesday, March 9. 20111 Proposed Rules 12927 January 14 , 2009 and the subsequent Supplement to Application for Approval of the Southem Ute Indian Tribe'S 40 CPR Part 70 Operating Pemlit Progrom dated September 28. 2010.

(v) The word Tn'be means the Southern Ute Indian Tribe. unless the conte:.:t indicates otherwise. Tab le ofContents l. General Infonn.tion

11.. What Should I Consider as I Prcpllnl M y Comments for f.."PII.? I. Submitting cm 2. Tips for Preparing Your Comment, II. What is Being Addn.'SSO<1ln Th is Document? Ill.**~alu81lon** of the Trioo's Allthorlties

A. Current TrJlXl!Authority It Rl,lll5onllbly**Su~ernbll,l** Titlo V Prugnull

E!t:menls C. Criminal Enforc:elllont Mrn\orlmdum of

Understanding IV. Evaluation of the Tribo's Titlo V ProgrtIm Elements A_ Analysis of the Tribcl's Titlo V Program

Submission pUl'lluant to 40 U ·R 70.4(b) I. Complote Tille V Program Description 2. Resulations Compromising the Title V

"",,",m 3_ Lexal Opinion 4. ReTc\"lUlt Title V Prognun Documentation 5. Compliance**T~ing** 6. II.ppliClllion Completen_

Dctenninalion 7. Fee Demonstration 8. Statement of Adequate Personnel 9. SubmiNiion Commitment 10

. "aUure to l Niue P ennit in a 'rime ly Manner ,1. Transition Plan 12

. 

### orr Permit Changes 13

. Expeditious Pennit Revis ions and/or

ModifiGalions**Re~iew** 14

. Tribe Only**Re~i~ions** 15. Permit Chllnges Subfeu to Titlu land

IV of the Act tfo. Permit Content and P ermit IssulIr1cc. Ronuwal. Re-oponinRs and Ro visions lJ. Options fot ApprovaJlDbupproval t Uld Implications V What action is EPA taking? VI. Statutory and E>: ocutive Order Reviews I. Gcnerlll Information A. What should I consider ('s Iprepare lII,vcommentsfor EPA?

I. Submitting CHI. Do not submit this information to EPA through http:// IVU"1I'_regu lations.go" o r e- mail Clearly mark the part or all of the information that you claim to be CBI. For CHI information in a disk or CD ROM that \'OU mail to EPA. mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as 

### em. a copy of the comment that d oes not contain the information claimud as 

### cm /tIust be submitted for inclusion in tho public docket. Infornlation 50 marked will not be disclosed except in accordance with procedures set forth in 40 

### crn part 2_

2

. Tipsfor Preparing Your Comments. When submitting comments, remember to:a . Ident ify the rulemaking by dockel number and other identifying infonnation (subject heading. federal R

eg ister date lind 

### page number)

. b. Follow dirochons-The agency may ask you to respond to specific questions or organi1-c comments by referencing a Code of Federal Regulations (CFR) part or section number.

c. Explain why you lIgroo or disagree; suggest alternatives lind substitute language for your ruquosted changos.

d. Describe any assumptions and provide any technical infonnation andl or data that you usod

.

e. If you estimate potential costs or burdens. explain how you arrived at your esti mate in sufficient detail to allow for it to be reprodu ced.



### r. Provide specific examples to illustrate your concerns, and suggest alternatives.

g. Explain your views as clearly as possible , avoiding the usc of profanity or personalthreals_

h. Make sure to submit your comments by the comment period deadline identifiod

. II

. What is being addressed in this document?

Under Title V of the Clean Air Act (the Act o r CAA) as amended (1990J. E

PA has promulgated rules that define th e minimum elaments of an interim approval of 1\ Title V Optlra ling permits program for slate an d tribal permitting authorities. Tho corresponding standards and procedures by which the EPA will approve. oversee. and withdraw approval of state and tribal Title V operating permits programs can be found at 57 f'R 32250 (July 2 1

. 1992) and 63 FR 1322 (January 10.2000) and codified at 40 

### crn part 70.

In additioll. as part of th e t 900 Amendments to the GAA. Congress enacted Section 301 (d) authorizing EPA to -treat Indian tri bes as states" under the Act so that tribes may develop and implement CAA programs in a similar manner as states within tribal f"CSel'\lations or in other areas subject to tribal jurisdiction

. $oction 30I{dJ(2) of the Act authorizes EPA to promulgate regulations specifying those provisions of the CAA "for which it is appropriate to treat Indian tribes as States: 42 U.S.C. 760I(d)(2J.

On F'obruury 12. t998. EPA issuod a final rule specifying those provisions of the CAA for which it is appropriate to treat e ligible Indian tri bes in a similar manner as states, known as the Tribal Authorily Rule (TAR). 63 FR 7254. codified at 40 

### crn part 49

. As a general maUer, EPA determined in the TAR that it is not appropriate to treat Indian tribes in • similar manner as states for purposes of specific GAA program submiual and implementation deadlines. This is because. among other reasons (discussed at 59 FR at 43

.964- 65). although the CAA con tains many provisions mandating the submittal of stato plans. programs. or other requirements by certain dates. the Act does not similarly require Indian tribes to develop and gook approval ofeAA progrnms.

Thu s. Indian tribes are gonorally not subject to CAA provisions that spocify a deadline by which something mus' be accomplished. e.g .. provisions mandating th e submission of state Title V 0l>flrating permits programs under sectio ns 502(dJl t J, 502Id)(2)IB). and 502(dl(3}ofthe Act. 40 CI-"R 49.4

.

A tribe that meets the eligibility criteria for treatment in a similar manner as 8 state (TAS) mav. however. c hoose to implement a 

### CAA program. A tribe may also submit reasonably severable portions of a CAA program. if it can demonstrate that its proposed air program is not integrally related to program elements not included in the plan submillal and is consistent with applicable statutory and regulatory requiMments

. 40 CFR 49.7(c); soo also CAA section t10(0). This modular approach is intended to give Indian tribes the flexibility to address their 1I10st pressing air quality issues lind acknowledges that Indian tribes ofton hl1ve limited resources with which to Ilddross thoir on vi ron mental concorns. Consistent wHit tho exceptions listed in 40 CFR 49.4. once submiued. an Indian tribe's proposed air program will be evaluilted in accordance with applicable statutory and regulatory criteria in a manner similar to the way EPA would review 8 similar state submill81. 40 

### ern 49 .9( h)

.

EPA expects Indian tribes to fully implement and enforce their approved CAA programs and. as with states, EPA retains its authority to impose sanctions for failure to implement an approved air program , See 59 

### rn 43.956 at 43.965 (Aug. 25,1994) (explaining EPA's rationale for treating Indian tribes in a similar fashion as slat," for purp0se5 of mandatory sanctions for failuM to adequately implement an approved part 

### o program (CAA 179(a)(4)) and with respoct to EPA's discretionary authority to impose sanctions (CAA IIO (m)); 40 CFR 49.3.12928 Federal Register / Vol. 70. No. 46/ Wednesda y. March 9. 2011/ Proposed Rules Tho CAA allows Indiau tribos to develop and submit Title V operating permit programs to EPA at their own discretion. The EPA's Title Vopemting permit program review occurs pursuant to section 502 of the Act and the part 70 regulations. which together outline critoria for interim approval. full approval or disapprov<ll. The Tribe has requested such approval and this action is in response to that re<luest. 111. t:valuation oflhe Tribe's Authorities

The EPA completed a review of 1110 Tribo's current and pendillg authority to regulate air pollution sources located within the exterior boundaries of tho Reservation. Under section 30 t (d) of the CAA and the TAR. EPA may treat a tribe in II similar manner as a statc for purposes ofadministerillg certain CAA programs or grants if the tribe demonlitrates that: (I) It is a federallyrecognized tribe: [2) it bas a governing body carrying out substantial governme ntal duties lind powers: (3) the functions to be ex ercisecl by the tribe pertain to the management and protection of air resources within the exterior boundaries of the reservlltion (or in other areas under the tribe's jurisdiction): and (4) it can reasonably be expected to he capable. in EPA's judgment. of carryillB out the functions for which it seeks approval. consistent with theCAA and applicable regulations. The sections below outline the details of EPA's review of the Tribo'S authorities. i\. Cumml Tribal Authority

[n July 1998 the Southern Ute lndilln Tribe applied for TAS seeking app roval to administer a CAA Title V air quality operating permit program throughout the Reservation. Tho State of Colorado challenged the Tribe's CAA TAS application. IIsserting that the Acl of May 21. HJ84. Public Law 98-200. 25 U.S.C. 668. which defined the boundarios of the Reservation, established th e State's jurisdiction to regulate non-Indian-owned air pollution sources locnted on fee lands within tho Reservation. The Tribe and the State. while continuing to disagree over who has jurisdiction over these sources. formed the Southern Ute Indian Tribel State of Colorado Environmental Commis sion [Commission). and executed an intergovernment<ll agreement ([GA) on December 13, 1909. to establish a single air quality program applicable to all lands within the exterior boundaries of the Reservation.

In general. lhe [GA allows for tlle Tribe to implement and administer CAA programs. on a Reservation-wide basis, through the joint Commission. [t also provides that lhe State will support the Tribe's CAA TAS application as long as it is consistent with the leA. Congress then passed the Southern Ute lind Colorado lntergovenullental Agroement [mplementation Act of 2004. Pub. L. No. 108-336 on October 18, 2004. which codifies the basic framework of the IGA, and autho ri zes EPA to granl TAS authority to the Tribe for air programs submitted under CAA Sl.."Ction 301(d). The Tribe has previously received TAS approval 0 11 Ap ri l 26, 2000, for the purposes ofgrant funding under CAA Section 105.

On January 20. 2009. the Tribe submitted its CAA program TAS Application together with tho Tribe's initilll Title V I'rogrllm. On Jul y 14. 2009, EPA found the Tribe's CAA program TAS application to be aclministratively complete. This finding means the Tribe's CAA program TAS application satisfied the four necessary elements outlined above that the Tribe must demonstrate as part of the TAR. EPA will continue to review the Tribe'S TAS application per 40 CFR 49.9(b). At the conclusion of this comment period. the Region will make a determination on the Tribe's CAA program TAS application prior to the final rulclllakirlg for the Tribe's Title V Program

. 8. Roosonably Soveroble TWo V Progrom Elements

As previously discussed in Section II above. the TAR allows for Indian tribes to seek approval of partial elemonb of CAA programs as long as those portions are determined to be reasonably severable elements. 40 CFR 49.7(c). For the purposes of the Tribe's Title V Program it has been determined that the Acid Rain Program at Title IV of the CAt\ is severable. At this time. there arc no Acid Rain omission sources located within lho exterior boundaries of lhe Reservation. nor arc there any pending applications for sources. In addition. it has been determined that underl ying federal regulations at CAA sect ions 111 [Standards of Performance for New Stationary Sources) and 112 (National Emissions Standards for !-Ia:.-.nrdou s Air Pollutants ) are also reasonably severable. However. the Tribe has committed in a loller to EPA to incorporate by reference these standards and requirements into the Reservations Air Code and pursue Iluthorizlltion from EPA for those CAA programs. These delegations are not part of this action and will occur at a later date. C. Criminal BnforcClmmt Memomndutrl ofUnderstanding

The TAR provides for a federal role in criminal onforcement of a tribal program when tho CAA or its implementing regulations mandate criminal enforcement authority and the applicant tribe is precluded from exercising such authority. 40 CFR 49.7(a)(6) and 40.8. In these circumstances

. the TAR allows EPA to approve a tribal application if the tribe enters into a Memorandum of Agreemont with EPA that provides for the Federal government to exercise primary criminal enforcement responsibility. Id. Theso provisions of the TAR recognizo that federal law plar.es certain limitations on tribal criminal jurisdiction and sanctions. The [GA reached between the Tribo and the S tate of Colorado contempla tes that EPA will exercise crirninnl enforcement within the Reservation boundary for air pollution violations.

On February to. 2009. the Tribe and EPA entered into a Memorandum of Agreemenl (MOA) which provides a procedure by which the Tribe will supply potential investigative leads to the ffleJeral government in an appropriate and timely manner when the Tribe is precluded from asserting criminal enforcement authority. IV

. t: vlllUlition of the Tribe's Titl e V Program t:lements

EPA conduc ted a thorough rf;lview of the Tribe's Title V Program according to 40 CFR 70.4(b) Elements ofthe initial program submission. It was critical that the Tribe's Titlo V Program addross each ofthe 16 elements outlined in 40 CFR 70.4(b). Upon review. EPA concluded that the 16 e lements found at 40 CFR 70.4(b) were addressed by the Tribe's Title V Program. A. Allalysis ofthe Tribe's Title V Program SubmissiOIl per 40 CFR 70.4{b} 1. Complete Title V Program Description

Tho Southern Ute Indian Tribe submitted an initial and a supplemental Title V Program to EPA on January 20, 2000 and Septl;llllber 28. 2010 respectively. The Title V Program submittals include a legal opinion from the Tribe's legal counsol stnting that the laws of the Tribe and Southern Ule Indian Tribe/State of Colorado Environmental Commission provide aduquate legal au thority to carry out all aspocts of the Tille V Progralll, and a description of how the Tribe intends to implement the Title V Program

.

EPA comments noting deficiencies in the Tribe's initial January 20, 2009 Title V Program submittal were sent to the Tribe in a letter dated December 23,Federal Register l Vol. 76, No. 461 Wednesday, March 9, 20111 Proposed Rules 12929
2009. The deficiencies were segregated into those that require corrective action prior to Title V Program approval, and those that, if addressed, would serve to strengthen the Title V Program. but were not nocessary for approval.

In the September 28, 2010 supplemental Title V IJrowam application. the Tribe addressed the deficiencies that required corrective action prior to Title V Program approval as well as those that served to strengthen the Title V Program. EPA has reviewed these chaoges and has determined that they are adequate to allow for Title V Program inte rim approval pursuant to 40 eFR 70.4(a). UPOIl review of the SupplellJl!l1t to Applicationfor Approval oftho Southern Ute Indian Tribe's 40 CFR Part 70 Operoting Permit Progmm dated September 28. 2010. a few minor errors were discovered that do not impact the Tribe's ability to implement the Title V Program but must be addressed. The Tille V Program meets the minimum requirements of 40 CFR 70.4{d). 2. Regulations Comprising the Title V Program

The Tribe's Title V Program. including the operating pennit regulations (Supplement to Application for

....**ppro~·al** of the Southern Ute Indian Tribe's 40 Cf'R Part 70 Operating Permit progrnm dated September 28. 2010. Tab S. Reservation Air Code. Articles I and II), meets the requirements of 40 CFR 70A(b)(2) including evidence of procedurally correct adoption of the Tribe's Reservation Air C.ode as well as public notice and comments on its adoption. Additionally. the Tribe's Tille V Program satisfies the roquirements oullined in 40CFR 70.211nd 70.3 with respoclto applicability; 40 CFR 70A, 70.5. ann 70.6 with respect to permit content including operational nexibility: 40 eFR 70.5 with respect to complete application forms and criteria which define insignificant activities: 40 O'R 70.7 with respect to public participation and minor permit modifications: 40 CFR 70.8 with respect to pennit review by EPA and affected states: 40 CFR 70.9 with respect to demonstrating adequate fees will be colleded to cover the Title V Program costs: 40 eFR 70.10 with respect to federal oversight and sanctions: and 40 CFR 70.1 1 with respect to requirements for enforcement authority, 3. Legal Opinion

The Tribe's Tit[e V Program meets the requirements of 40 CFR 70.4(b)(3J. The Tribe's lm.lependent Legal Counsel. Maynes. Bradford, Shipps & Sheftel. LLP Attorneys at Law, submitted an initial and a supplemental legal opinion in both the initial and supplemental Title V Program applications (

....ppUcotion for

....**ppra~'(lf** of the Southern Ute I ndian Tribe's 40 CFR Part 70 Operating Pemlit Progrom dated January 14, 2009 and Supplement to

....pplicotion for

....**ppro~'(ll** ofthe Southern Ute Indian Tribe's 40 CFR Part 70 Operating Pemlit Progrom dated September 28, 2010). The signature of the Tribe's legal counsel. Sam Maynes of Maynes, Bradford, Shipps & Shefte!. LLP Allotl1eys lit Law. has full authority to independt.mt[y represent the Tribe in court on all mailers pertaining to the Tribe's Tille V I'rogram

. The legal opinion includes a demonstration of adequatll legal authority to ca rry out the requirements of this part, including authority to cnrry outtho&6 activities listed at 40 CFR 70A(b)(3)(i) through [;>;ii i). 4. Relevant Title V Program Documentation

Tbe Tribe's Title V Program meets the requirements of 40 CFR 70.4(b)(4). Tbe Tribe submiued e;>;tensive IIpplication fonn! {

....pplication for

....pproval of the Southern Ute !ndian Tribe's 40 CFR Port 70 Opernting Penni! Progrom dated January 14, 2009. Tab 4 , Program Forms) for**re~'iew** as well as comprehensive instructions for each fonn, 

### s. Compliance Tracking

Th e Tribe's Tille V Program meets the requirements of 40 CFR 70A[b)(S). The Tribe subm ill ed multiple compliance assurance procedures and g\lidelines (Application for A.pprovol of the Southern Ute Indian 'fribo's 40 CFII Part 70 Operating Permit Progrom dated JAnuary 14. 20Un, Tab 5. Compliance Tracking). 6. Application Completeness Determination

The Tribe's Titlo V Program meets the requirements of 40 CFR 70.4(b)(6). The Tribe's Rcservalion Air Code (Supplement to
....pplication for Approval of the Southern Ute Indian Tribe's 40 CFR Pon 70 Operating Permit Program dated September 28. 2010. Tab 5, Reservation Air Code) Article II. Sections 2-106{J) and 2-107(1 Hal demonstrates adequate authority and procedures to determine within 60 days of receipt whether applications (including renewal applications) are complete, 10 request such other infomlation as needed to process the application, and to take final action on complete applications within 18 months of the date of its submillal. except for initial permit applicati ons. for which the part 70 pcrmillillg lIuthority may take up to J years from the effeclive date of the Title V Program to take final action on the application, as provided for in 40 CFR 70.4(b)(t I)(ii). 7. Fee Demonstration

The Tribe's Title V Program included a fee accounting including projeded fee collection and programmatic costs (Supplement to Applicationfor Apprcwol of the Southern Ute indian Tribe's 40 CFR Port 70 Operoting Permit Progrnm dated September 28, 2010, Tab 11. Revised Fee Demonstration. Figure t page 8 Dnd Table 2 page 9) that set foos above tho presu mpti ve minimum set forth in 40 eFR 70.9. Specific fee provisions included $50.00 + CPI (Co nllumer Price Index) for all fee pollutants released in a calendar year pursuant to the R eservation Air Code (Supplemant to
....pplicatiollfor

....pprol 'O/ of the Southern Ute Indian Tribe's 40 CFR Part 70 Operoting Permit Progrom dated September 28. 2010, Tab 5. Reservation Air Code), Article II. Section 2- 11 9. The Tribe's Titlo V Program clearly demonstrates a fee scbedule that results in Ibe colledion lind retention of te\'enues sufficient to cover the Title V Program costs. In addiliOll, tbe fee scbedule conlains an iniliallMXOunting of how required fee revenues are sufficient to**co~'er** Title V Program costs. 8. Statement of Adequate Personnel

The Tribe's Title V Program meets the requirements of 40 CFR 70.4(b)(8). The Tribe submitted a statement that adeqllllte personnel and funding have beon made available to develop, administer. llnd enforce tho Title V Program (Supplement /0 Applicationfor

....pproval of/he SOllthern U te !/ldia/l Tribe's 4 0 CfH Purt 70 Opemting I'IJrmit Program doled Sep tember 28. 2010. Tab 10.40 CFR 70.4{b)(8)). [n addition. the Tribe has provided a supplemental staffing plan Ullnuary 4. 2011 emllil from Brenda Jarrell) that outlines a staff of six individuals including a senior level engineering position. 9, Submission Commitment

The Tribe's Title V Program meets the requirements of 40 eFR 70.4(b){9). The Tribe submined a commitment
'

....pplication for

....pproval of the Southern Ute Indian Tribe's 40 

## cm Port 70 Operoting Pemlit Program dated January 14.2009. Tllb 9, 40 CFR 70. 4(b)(9)) to submit. at least annually (0 the Administrator. information regarding the Tribe's enforcement activities including, but not limited to. the number of civil, judicial and administrlltive enforcement actions either commenced or concluded: the12930 Federal Regisler I Vol. 76

. No

. 461 Wed n esday. March 9. 20111 Proposed Rules penalties. fines. and sentonces obtainod in those actions; and the number of administrative orders issued. 10. Failure To Issue Pormit in a Timoly Manner

The Tribe's Title V Program meets the requirements of 40 CFR 70.4(b)[1O). Tho Tribe's Reservation Air Code (Supplement to Application for Approval ofthe Southern Ute Indian Tribe's 40 CF11 Part 70 Operating Permit Program dated September 28. 2010, Tab 5, Reservation Air Codo) Article II. Sections 2- 106 and 2-107 are consistent with requirements outlined in 40 CFR 70.5(0)(2) ond 70,6(f). tl. Transition Plan

The Tribe's Title V IJrogrHlIl meets the requiremonts of 40 CFR 70.4(b)(II). The Tribe submitted a comprehensive Rovised Transition Plao (Supplement to Applicationfor Approval ofthe Southern Ute Itldian Tribe's 4(J CFII Part 70 Operoting Permit Program dated September 28. 2010, Tab 12. Revised Transition Plan) which outlines a plan and schedule for submittal and**fin~ll** action on initial permit applications for all purt 70 sources within the exterior boundaries of the Reservation. 12. Off Permit Changes

The Tribe's Title V Program meets t1w requirements of 40 CFR 70.4(b)(12). The Tribe 's Reservation Air Code (Supplement to Applicationfor Approl'Ol ofthe Southern Ute Indian Tribe's 40 CF11 Part 70 Opemting Permit Progmm dated September 28. 2010. Tab 5. Reservation Air Code) Article II. Sections 2-t1O. 2-111 and 2-tt6 Are provisions allOWing for changes with in a permitted facility withoul requiring a permit revision. if the ch,lOges are not modifications under any provision of title I of the Act and the changes do not exceed the emissions allowable under the Part 70 permit, provided the facility provides written notification as required in 40 CFR 70,4(b)(12). 13. Expeditious Permit Revisions and!or Modifications Review

The Tribo's Title V Program meets the requiroments of 40 CFR 70.4(h)(13). The Tribe's Heservation Air Code (Sllpplement to Application for Approval ofthe Southern Ute Indian Tribe's 40 CfU Part 70 Opemting Permit Program dated Suptember 28. 2010. Tab 5. Heservation Air Code) Article II. Sectiou 2-llt provides for adO<llHlte, streamlined and reusonable procedures for expedited review of permit revisions or modifications, 14

. Tribe Only Revisions The Tribe's Title V Program docs not allow changes that are not addressed or prohibited as described in 40 CF R 70.4(b)(14). Thus. this section does not apply to the Tribe's Title V Program. 15. Permit Changes Subject to Title I and IV of the Ad

Tlw Tribe'S Title V Program mAets the requirements of 40 CFR 70.4(b)(15). The Tribe's Reservation Air Code (Supplement to Applicationfor Approl'ol ofthe Southern Ute (ndian Tribe's 40 CF11 Part 70 Operating Permit Program dated September 28, 2010. Tab 5. Roservation Air Code) Article [I. Section 2-116(2) prohibits sources from making. without a permit revision. changes that are not addressed or prohibited by the part 70 permit, if such changes are subject to any requirements under title IV of the Act or are modifications under any provision of title I of the Act. 16, Permit Content and Permit Issuance, Renewlll, Re-Openings and R evisions The Tribe's Title V Program meets the requirements of 40 CFR 70.4(b)06). The Tribe's Reservation Air Code (Supplemen/to Applicationfor Approval ofthe Sou/hem Ute Indian Tribe's 40 CfR Part 70 Operoting Permit I'rogrom dated Septomber 28. 2010, Tab 5. Reservi.ltiol1 Air Code) Article II. Sections 2-1lJ7, 2 -11 0 and 2

- 112 requires the Tribe's Title V Program to implement the requirements of 40 CFR 70.6 and 70.7. B. Op tionsfor AppravallDi,mpproval and Implications

The EPA is proposing to grant interim approval to the Tribe's Title V Progralll. The Tribe must rnoke the following changes to the Reservation Air Code (Supplement to Applicationfor Approval ofthe Southern Ute Indian Tribe's 40 CHi Part 70 Operating Permit I'rogmm dated Septomber 211. 2010. Tah 5. Heservation Air Code) in order to receive full Title V Program approval.

(I) Modify the "Emission unI t" definition to include pollutants listed under I 12(h) of the Act; and

(2) Modify the "Major source" definition to include the updated definition for purposes of regulating greenhouses gi.lsses as part of the Prevention of Significant Deterioration! Title V Greenhouse Gas Tailoring Rule (el[C Tailoring Rul e). Soe 75 FR 106 at 3 1514-3 1608 (June 3. 2010): and

The correction to the "Emission unit" definition is intended to clarify and make the Tribe's progri.lm consistent. The Tribe has the authority to regulate pollutants listed under lt2(b) of the Act through their "M ajor source" <llId "Regulated air pollutant" definitions. Accordingly, the "Emission Unit" definition should include 112(b) pollutants to have consistent definitions in the Tille V Program.

The correction to the "Major source" definition is intended to narrow the sources that will require Title V review for greenhouse gasses (GHGs) after Jul y 1. 2011. With this**modifi(,~1tiol1,the** Tribe is afforded flexibility to issue Title V operating permils to sources with GHG emissions in a manner consistent with the Federal regulations as sot out in the GHG Tailoring Rule.

This proposed interim approval. which may not he renewed. would extend for a period of up 10 two years. Permits issued under a Title V operating permits program with interim approval have full standing with respect to part 70. and the one year time period for submittal nf permit applications by subject sources begins upon interim approval. as does the three-year time period for processing the initial permit applications.

The Tribe shall submit to EPA changes to the Title V Program addressing the deficiencies specified in the interim approval no lator than 8 months prior to the expiration of the interim approval. 40 CFH 70.4(0(2). The EPA can disapprove the Tribe's Title V Program if the specified changes are not made within the specified timeframe. V. What action is EPA laking?

EPA is providing an opportunity for public comment on our intent to gr<lllt interim approval to th e Southern Ute Indian Tribe's Title V Program, VI. Statutory and Executive Order Kl!views

Today's action merely proposes EPA's intent to grant interim approval to the Tribe's Title V Program and does not impose additional requirements beyond those imposed by trihallaw. For that reason. this action:

• Does ensu re "meaningful nnd timely input by tribal officials in the development of regulatory policies that have tribal implications" as roquired in Executive Order 13t 75, entitled "Consultation and Coordination with Indian Trihal Governments" (65 FH 67249. November 9. 2000).

• Is not a "significi.lnt reguhltory action" subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 5 1735. October 4. 1993):

• Docs not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 V.S.c. 3501 et Sf.'q.);Federal Regisler lVo l. 76. No. 46l Wedncsdny. March 9, 2011 I Proposed Ru les 129 31

• Is certified as not having a significant economic impact on a substantial number or small entities under the Regulatory Flexibility Act {5 U.S.c. 601 et seq.l;

• Does not contain any unrunded mandate or significantly or uniquely affect small government". as described in the Unrunded Mandates Rerorm Act or 1995 (Pub. L. t 04-4l;

• Does not have Federalism implications as specified in Exocutive Order t 3132 (64 FR 43255. August 1 0. 1999): • Is nolan economically significant regulatory action based on health or sarety risks subject to Executh'e Order 13045 (62 FR 19885. April 23. 1997):

• Is not a significallt regulatory action subject to Executive Order 13211 (66 FR 28355. May 22. 2oot):

• [s not subject to requirements or Section t 2{dl or the National Technology Transrer and Advancement Act or t 995 {l5 U.S.c. 272 note] because application or those requi rements would be inconsis tent wi th the Clean Ai r Act; and • Docs not provide El'A with the discretionary authority to address. a5 appropriate. disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executh'c Order 12898 (59 FR 7629. February 16. 1994).

Dolt.'d, March 2. 20t I Carol Ru s hin , Acling RCSiolt(l/

.... dmj"islrolor. Region 8. IFR Dol::. 2011-.5342 Filed )-8-t I, 8:45 ami IIII.LINGC00E 6MO-6CH'

# Tab 2RESOLUTION No. 201 1-4 RESOL U TION OFTHE SOUTHERN UTE INDIAN T RIB EISTATE OF COLORADO ENVIRONMENTAL COMM IS SIO:'I' June 2, 2011 

### WHEREAS, authority is vested in the 

### Southern Ute Indian Tribe/State of Colorado Environmental Commission to promulgate rules and regulations fOT a single air quality program applicable to all lands within the exteri or boundaries ofthe Southern Ute Indian Reservation and to review appealable administrative actions 

### by the Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation dated December 13, 1999, and 

### by Tribal law (Resolution of the Council of the Southern Ute Indian Tribe # 00-09) and State law (C.R.S

. 

### § 24-62-101), and as recognized in federal law (Act ofOctober 18,2004, Pub. L. No. 108-336, 118 Stat.1354); and \VKEREAS , pursuant to sections Vll (a) and (b) of the Intergo vernmental Agreement, 

### it is the responsibility of the Commission to "determine the specific programs under the Clean Air Act, or other air programs, that should apply to the [Southern Ute IndianJ Reservation, by taking into account the specific environmental , economic, geographic and cultural needs of the Reservation" and to "promulgate rules and regulations that are necessary for the proper implementation and administration of those programs"; and WHEREAS, on Nov(..'TIlbcr 12, 2008, the Commission adopted a Reservation Air Codc containing regulations for a Title V Operating Pennit Program and, on 

### June 14 , 2010, the Co mmission adopted ccrtain changes to the Title V Operating Permit Program that were requircd and recommended by the United States Environmental Protection Agency ("EPA") as a condition for EPA's approval of the application by the Southern Ute Indian Tribe for a delegation of authority to administer the Commission-approved Title V Operating Pcnnit Program on the Southern Ute lodian Rl.'servation; and WHEREAS, on March 9, 2011, EPA published notice of its proposed interim approval of the Title V Operating Permit Program for the Southern Ute Indian Reservation ; and WHEREAS, in the notice of its proposed interim ap pro val of the Title V Operating Pennit Program for the Southern Ute Indian Reservation , EPA determined that the following two changes must be made to the Reservation Air Code in order fo r the Tribe to receive fuji Title V Program app r oval: (I) modify the "Emission unit" definition to includc pollutants listed under 112(b) of the Clean Air Act; and (2) modify thc " Major sourcc" definition to include lhe updated definition for purposes ofrcgulating greenhouse

### gases as part of EPA's Prevention of Significant Deteriorationffitle V Greenhouse Gas Tailoring Rule (collectively «EPA-required changes to the Reservation Air Code"); and WHEREAS, the Southern Ute Indian Tribe has prepared the EPA-required changes to the Reservation Air Code as shown on the attached Exhibit (titled "EPA's two changes to Reservation Air Code required to receive full Title V Program approval") and recommended them for approval by the Commission ; and WHEREAS, the Commission has considered the Tribe's recommendation and detcnnined lhat adoption of the EPA

-required changes to the Reservation Air Code is in the interest ofthe development ofthe Reservation Air Program; and WHEREAS, the Commission views adoption ofthe EPA4 required changes to the Reservation Air Code as a non-controversial action and does not anticipate any adverse comments and, therefore, detennines that good cause exists for adoption of the EPA4 required changes to the Reservation Air Code through use of the Commission's direct final rulcmaking procedure. NOW, THEREFORE, BE IT RESOLVED that the Commission hereby adopts the EPA4 rcquired changes to the Reservation Air Code provided that no significant adverse comment is received in response to the notice ofdirect final rulemaking. BE IT FURTHER RESOLVED that the Tribe ' s Air Quality Program Manager is directed to ensure that a notice of direct final rulemaking and request for comments on the EPAMrcquircd changes to the Reservation Air Code is published in accordance with the requirements ofthe Commission's Procedural Rules.

Dated this 200 

### day ofJune, 2011.

# (t:~ 

# r,:h

-------- Daniel Fauth, Chainnan



### CE R T IFICATION This is to certify that all members of the Southern Ute Indian Tribe/State of Colorado Environmental Commission were present or represented by proxy at the above meeting at which (6) voted for and (0) against, it being a majority and the above resolution was passed.

2

# Tab 3

### NOTICE OF DIRECf FI 'AL RULEMAKING AND REQUEST FO R COMMENTS ON EPA-REQUIRE D CIIA GES T O RESERVATION AIR CODE AND T ITLE V OPERATING PERMIT PROGRAM

The Southern Ute Indian Tribe/State of Colorado Environmental Commission is taking direct final action on two changes to the Commission's Reservation Air Code that are required by the United States Environmental Protection Agency ("EPA") in order for the Southern Ute Indian Tribe to receive full Title V Program approval. This action changes (I) the "Emission unit" definition in the Reservation Air Code (found at section 1·103(26» to include polJulllnts listed under section 112(b) afthc C lean Air Act (42 U.S.C. 

### § 7412(b»; and (2) the "Major source" definition in the Reservation Air Code (found at section I

I 03(38» to include the Code of Federal Regulations' updated definition of "Major source" for purposes ofregulating greenhouse gases as part of EPA's Prevention of Significant Deterioration / Title V Greenhouse Gas Tailoring Rule (found at 75 FED. REG. 106 at 31514- 

### 31608 (June 3, 2010); 40 C.F.R. 70.2). I. Da tes. This action is effective on August 8, 2011 without further notice, unless the Commission receives significant adverse comments by July 9, 2011

. If the Commission receives significant adverse comments, it will publish a timely withdrawal in the same manner in which this notice was published infonning the public that this action will not take effect. 

### ll. Legal au thority under whi ch th e r ule is proposed. Legal authOrity is vested in the Southern Ute Indian TribclState of Colorado Environmental Commission by the Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservatio/l dated December 13 , 1999 ("lOA"), tribal law (Resolution of the Council of the Southern Ute Indian Tribe # 00

-09), State law (C.R.S. § 24-62-101) , and federal law 

### (Act nfOetober 18, 2004, Pub. 

### L. No. 108

-336, 118 Stat. 1354) to adopt rules and regulations for air quality programs applicable to all lands within the exterior boundaries of the Southern Ute Indian Reservation. The Commission's direct final rulemaking authority can be found in section IV .G. ofthe Commission ' s Procedural Rules

. 

### III. Subm Iss ion of comments. Please provide any comments no later titan July 9, 2011

. Please submit your comments to Brenda Jarrell, Air Quality Program Manager for the Southern Ute Indian Tribe, by one ofthe following methods :

• E-mail: bjarrel1 @southern-ute .nsn.us

• Mail: Southern Ute Indian Tribe/State ofColorado Environmental Commission. 

### do Brenda J arrell

. Air Quality Program Manager, Southern Ute

### Environmental Programs Division, P.O. Box 737 MS# 84, Ignacio, Colorado, 81137

• Fax: 970-563-038 4

• Hand delivery: Air Quality Program, Environmental Programs Division, Southern Ute Indian Tribe, 116 Mouache Dr., Ignaci o, Colorado, 81137 

### IV. Supplementary Information and summary description of Code changes. On November 12, 2008, the Commission adopted a Reservation Air Code containing regulations for a Title V Operating Pennit Program and, on June 14 , 2010, the Commission adopted ccrtain changes to the Title V Operating Pennit Program Utat were required and recommended by EPA as a condition for EPA's approval of Ute application by the Southern Ute Indian Tribe for a delegation of authority to administer the Commission·approved Title V Operating Permit Program on the Southern Ute Indian Restlrvation. On March 9, 20 II, EPA published notice of its proposed interim approval of Ute Title V Operating Permit Program for the Southern Ute Indian Reservation. See 76 

### FF.D. REG. 46 at 12926

- 12931 (March 9, 2011). [n the notice ofits proposed interim approval ofthc Title V Operating Pennit Program for the Southern Ute Indian Reservation, EPA determined that the following two changes must be made to the Reservation Air Code in order for the Tribe to receive full Title V Program approval: (I) modify the " Emission unit" definition to include pollutants listed under t t 

### 2(b) of the Clean Air Act; and (2) modify the "Major source" definition to include the updated definition for purposes ofregulating**~rreenhouse** 

### gases as part of EPA's Prevention of Significant Deteriorationffitle V Greenhouse Gas Tailoring Rule. The Commission is publishing this direct final action without a prior proposed rule because it views this as a noncontroversial amendment and anticipates no adverse comments. EPA has n.. 'quircd state Title V programs to modify their definition of "major source" and this action is required by EPA in order for the tribal program to be consistent with the minimum requirements of federal law for Title V programs. If the Commission receives adverse comment, it will publish a timely withdrawal in the same manner that this notice has been published infonning the public that the action will not take eITect. Il also will publish a notice of proposed rulemaking and will address the comments on the direct final action as part of that proposed rulemaking. 

## v. Where a complete copy of the Code and Code changes can be obtained. A copy of the Code and an exhibit showing the existing definitions for "Emissions unit" and "Major source" and the new definitions for those tenns is available upon request from the Tribe's Air Quality Program Manager who can be contacted by email, mail, fax, or in person at the addresses noted above. The Code and the exhibit showing the definition changes also is available at the following website: http://www.southcrn-ute.nsn.us/air·quality/environmental·commission



### 2

### For rurther information contact: Brenda Jarrell, Program Manager, Air Quality Program, Southern Ute lndian Tribe, P.O. Box 737 MS#84, Ignacio , Colorado, 81 137; telephone number (970) 563-4705 (ext. 2246); fax number (970) 563-0384; e-mail 

### bjarrell@southcm-ute.nsn.us

3

### From: Sent: To:

Cc:

Bee: Scott-Jcwctt, Marlenc msjewett@southern-ute.nsn.us Thursday, June 

### 09, 20119:24 AM Jarrell , Brenda <bjarrcll @ southem-ute.nsn.us>; Hundcrmlln , Kyle <khunder @ southern-utc.nsn.us>; Ellis, Christopher <cellis @southcmutc.nsn.us> ; Williams, Yolanda <ywillia @ southern-ute.nsn.us> ; Torres, Raclynn <rtorres @so uthem-utc.nsn.us> ; Johnson , Tom tojohns@southem-ute.nsn.us Sam W. Maynes <smaynes@mbssllp.com> ; Hall, Lorelyn Ihall @southem

ute.n sn.us 'matthewJamall@xtoenergy.com'; 'monica.johnson @ conocophillips.com'; 'lyndon

_harrison@xtoenergy.com'; 'sandra.miller @ elpaso.com'; 'sam.annenta@elpaso.com' ; 'gmcfaddin @ compliance

-partners.com'; 'srose @ samson.com'; 'czeller@ gobrainstorm.net'; 'myke.lane @ williams.com'; 'gb lack@samson.com'; 'Roxanne Roberts (roxannc.robcrts @williams.com), ; 'jpj@consultant.com'; Brittany D. Benko (benkobd @ bp.com) ; Beaubien, Derrill <DBcaubicn @ rcdccdllrgathering.com>; Young , Andy <anyoung @rwpc.us>; 'clara.cardoza @ williams.com'; 'browndr l @ bp.com'; 'pcummins @w cstgov.arg'; 'kirstcn.king @s tatc.co.us'; 'karen .spray@stllte.co.us'; 'HOLLAND , SUZANNE P' <shqs@chevron.com>; 'paul.tourangcau @statc.co.us' ; 'Mike Meschke' <mmeschke @ sjbhd.org>; 'mauz @ chevron

.com' ; 'julie .best@bp.com'; Folk, Steven < sfolk@rwpc.us>; 'swlsinc@fronticr

.nct' ; 'mcarnahan@ 4comersmatcrials.com'; 'steve.brown @ state.co.us'; Hinkley, Ethan <Ehinkley @ rcdccdargathering.com> ; 'bobby.licb @ co.laplata.co.us' ; 'rogers @ lpcattorney.org'; 'Poteet, Randy' < Randy

.Poteet @ conocophillips.com>; 'Leslie Jakoby' <JakobyLA @co .laplata.co.us>; 'naush @co. laplata.co

.us' ; 'hotterkc@co .laplata.co.us'; 'kosnik @s rogerslaw.com' ; 'news @ pinerivertimes.com' ; 'lorrigan @ lpcattorney.org' ; 'Barndt, Eric' <Eric.Barndt@blackhillscorp.com>; 'gary.stripling @blackhillscorp .com' ; 'fcarl @ bh-corp.com' ; 'jmolis@blackhi llscorp.com' ; 'richard.corcoran@conocophillips.com'; 'wrose@wcamerica.com'; 'james

_mcdanicl @ xtocnergy.com'; 'whitewl@co.laplata.co.us'; 'mayergawlikja@co.laplata.co.us'; 'srnith@ lpcattorncy.org' ; 'roland.hca@state.co.us'; 'andrew.hawk @ bp.com' ; 'etullos @ pei-tx.com' ; 'jmiller@rntn-air.com'; 'jeff.stovall@williams.com' ; 'dgmustard @ yahoo.com' ; 'I ind y.hanson@bp.com ' ; 'craig

_all ison @ xtoenergy.com' ;**'Kim ~C** **hamplin @X** **toencrgy.com';** 

### 'Nolting, Leslie R' <Lcslie .No lting @ EIPaso.com>; 'greghuster @ hotmail.com' ; 'martinezaj@co.lap lata.co.us'; 'carol .cauthen @ williams.com' ; 'barbarawroberts @ gmail.com'; 'gandrews@durangoherald.com'; 'rebecca.robert @ bp.com' ; 'karena_cs tll @yahoo.com' ; 'Jones, Mark, NMENV' <Mark.Jones @ state.nm.us>; 'rita.bates @ state.nm.us'; 'jtw@hpil.com'; 'jbond @ twinstars.com '; 'artm @ mcelvain.com' ; 'rarmstrong@twinstars.com'; 'rparker @ cetnm.com' ; 'ddowns@cetnm.com'; 'mark.bareta @williams.com'; 'davidm@samson.com'; 'cpavey @ twinstars.com' ; 'jmartindale@emittechnologies

.com'; 'dhargett @ utemountain.org';

### 'mark.potochnik @ williams.com'; 'josh @ sanjuancitizens.org'; 'kapalmer@ fs.fed.us'; 'mattb @ gosneyco.com'; 'balty @ townotignacio.com'; 'kruegercd @ co.laplata.co.us'; 'rrymerso @ blm.gov'; 'rnike.silverstcin @ state.co.us'; 'kristina.romano@ch2rn.com'; 'ky.nichols @ williams.com'; 'c1are

_hoang@xtoenergy.com'; Borst, Marjorie <mborst @so uthem-ute.nsn.us>; 'Peter R. Foster (pfoster @ wrightwater.com)'; 'Fauth, Daniel P' <daniel.fauth @ bp.com>; 'Rob's E-mail' <milofskYJ @ fortlewis.edu>; Frazier, Virbril <vfrazier@sugf.com> ; Brown. Fran <fbrown @ akacnergy.com> ; Jeff Jefferson Jr. <jjcffcrson@akaenergy.com>; Mills, Monte mmills@southcrnutc.nsn.us 

### Subject: Public Notice of Direct Final Rule·making and Request for Comments on EPA-Required Changes to Reservation Air Code and Title V Operating Pcnnit

20110602 Notice of Direct Final Rulemakln

Good morning everyone, Attached you will find the Public Notice of Direct Final Rulemaking and Request for Comments on EPA-Required Changes to Reservation Air Code and Title V Operating Permit Program that is posted in today's Thursday, June 9 , 2011 edition of the Durango Hera ld, Cortez Journal and Farmington Da ily Times

. If there are any questions, please contact Ms

. Brenda Jarrell, Air Quality Program Manager at (970) 563 · 4705 ox1.2246

. Thank you and have a wonderful rest of your day! Thank you , Marlt..:llL'ScotL: J CwctL Air Qualil y A(lillillisiralivc As sislalll Southern l i lc Indian**TI~hc** 

### Pholle: 

### (970) 56 : i-**~705** 

### F ,LX: (970) 

### 56:l·0:i8 Etllail: 11bj\'IH'll U'StHlllu.:n Hile .11SIl.lIS

# LJ 

# FILE PROOF OF PUBLICATION

County of La Plata. 

# l
State of Colorado $.S

.

# ~ngo**Herala Dra** **w~r** A , Dura ngo. Colo rado 8 150 2
l. Kay Griffith

. do solemnly swear that I am the cu\'Um"r ,I'lrvice fe prt mm tatilie of the Durango Herald. and that [ have personal knowledge of the essential facts state<! herein; thaI the same is a daily newspaper printed in whole. and published in the County of La PlaIa, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of La Plata for a period of morc th:m twelve months next prior to the first publication of the annexed Legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class malter under a provision of the Act of March 3. 1879. or any amendments thereof. and that said newspaper is a daily newspaper duly qualified for publishing ICKal nvticcs and advertisements within thl' meaning of the laws of the State of Colorado_
That the annexed legal notice or advcrtiscmem was published in the regular and entire editions of said daily newspaper one time only. lune 9", 2011 OllCC each day for XXXX consecuti\-c issue days; once cach week on the same day of each week for XXXX conSCCUli\e insertions; and that the first publication of said notice \.ias in the issue period of said ne"""paper dated XXXXX, and thaI the Iasr: publication of said llOl.ice

....-as in thc issue of said ne..... spaper dated A.D

.. l O ll
In witness

.....hcreof I have hcreunto SCi my hand this 9th day of Junc,

Subscribed and sworn before me. a. nQUU)' public in and for the County \)f La Plata. State of Colorado Illis--2-day of 

### W' A.D lOl l

.



# __**r:tv\C>t.to10\.'iJl~v.......,.,..-----=-=_** b \S. NQlary Public
My Commission exPires:

### ;o-'<I>,.~~:v------

_**.~** ..... C'< E OF DtRECT ANAL RULEMAIONG "'ND REOUE ST

FOR CO MENTS ON EP

... • REQUIRED CHANGES TO RESERV"'OO N AIR CODE AND TITLE V OPER

... TING P ERMIT P ROGRAM The**~"'Bm** U tl'Miw\ Tl1bel State 1 -;y EcNlroomenlal Is taitirV lireclllMl action on two ctl8tlgelI to the CommlUlon. ReleMltion Air Code that ant l1lQUinKI by the Unil&d Stalea**~nYiroomental** Protection Agency ("EPA") In Ol'der tor the Southern Ute Indian Tribe 10 receive tuij Title V Program appnMlI. ThIS aetlOn chenges \') the -Emission 10M" definitiOn n the Reservation Air Code (found at a8C1iOn 1-103(26j) to Include pollutants IIsled under iecUort 112{b) of lhe Clean Air Act (42 U,S 

### c. 8 7-412(b)); and (2) the**~aJ()r** ,ouree" derinllion In the Reservation Air Code (1ou1Kl at sectlon 1·103(38)) 10 ncludQ the Code ot FMeL'lll Regulaiklns' updated tMll,r.!!IOI1 of "MeiOf**lOurce~** lor purposal of regt.M1 ing 9reeMouse 9a&8S as pall of EPA a Prevention of Sign.iheant DeterrorationlTiIe V GreeMoUM Gas T aItortng Rule {tound at 75 FED. REG 106at31514-31eoe (JU<l8 3. 2010); 40 C_ER 70,2)_ l DetM_ ThiI acbon • effectM on AuguSt e, 2911 .ltIOut fuJ1l:ler notiCe. unless the ColTllllJS*lOl'l ligniflcant adwrse com- Il'HIntI by JuIIV g. 2011 If Ih8 commiAoOn recelYea &>gidCal\t adve" c:ommenta. it 

### .,\1 publlstl a timely w.thdrawal, in the aame mann.r in whiCh this noliee was published informing the publIC !hatlhlS action will nol take .!feet. n. legal authority under which the ru le I. proposed. Legal authority is vesilid In Ihe Soothern Ute Indian Tribe/State of Colorado Environmental Commission by the lntargovemmental Agree mont 8elW9Gn t he Southern Ute Indian T

ribe and the State of Colorado COl'ICern lll{j Air Quality Control on the Southern Ute Indian Reservation dated December 13. 1999 ("lGAI. triballawjResorution of the Council of the Southam Ute Indi T • 00-09). Slate**~*** 

## - 

# --**~-~,** --.. 

# ... -----,\I".M.;:', , .=:
..... O'O:.jl,1'J. 

### ",1,1 IOOU

.. , .. lIw (Act 01 Octub&t , 8. 2004, Pub. L No. '1:*-338. 118 Stat 1354) to adopt rvIM and regulatioos lnr air quafdy programs apoIIcatlIe to all Iaoo. wlltlin the ed,nO( boundar· IN of lhe Southern Ute Indian Reservation. The Commlssion's direct final rulemaldrlQ authority can be found In sactioo IV.G. of the Commission'. Procedural R

..... m. Subrnttsfon of comment-. Please pI'O'Ade any oomments no**"~r** than JulY' 9, 2011. PIu:H submft )'Our comments to Brenda Jarrell, Air Quality Program Manager lor the Southern Ule Jndlan Tribe. by on. Of the fOllowIng methods:
• E'In8lI: bjarretiOsouthem-ute. 

# ""'''' • Malt 90uthem Ute Indfan Trtbel Stalll of CGforado EnvIronmentaf Commis&lon. clo 8Nnda Jarrell, Air Quality Program Manager, Southern Ute ElWfronmentaJ Programs OMsion, P.O Box 1'37 MSt 84,**~n!tClo.** ColoradO, 81131
• Fu: 97b-S6S.()384
• Hand dalJ\tery" M OUalhy Program. Envtf'Ol1l1'leftta l PrtIgr8mI DMsicn. Soulhom UW Indian TJIbe. 116 MO!.I3d'1e Dr. Ignacio, Colorado, 81137 19. Supplam.mary Infonnatlon and summary descrlptlon or Code chang

... On NovemN( 12. 2008. ttl. Commission adQ9ted a ReMrvalion Nt Cod& c:oot.Inlng



### _ ... r .. vOoeno

.... Petmtt**P~m** and. on June 14. 2010, the CommlAion adoP"td cer1ain cn.nges to the TItle V Operating Permit Program Itlat were requIred and recommenditd by EPA as a condition for EPA', appRMll of h NIQIication by the Southern**U~·** fnclan 'Thbe lor a detegation 01 IlIJItlority to admiMlter the Commission-**~n)ved** 

### r1tt8 V Opomllng Program on the SoutMrn Vt8 Indlan Reservation. On Mareh 9. 2011. EPA published nob of Its propoeed interim approve! of the Tlffe V ()perI.1Ing P.rmit Program tol' h SouShem Uta IrKIlSn S- 16 FED. REG. 46 at 12926-12931 (Matctl 

### e, 2011). In

.. NlIce of itS proposed Jnterim IlPProval 01 the Title V Operating Permit Program for the Southern Ute Indian ReservatJon. EPl' aelennlneellht the following two chang_ muR be made ao the Air Code In 

### ora. for !he TrIMI to

__ tun Tllfre V Program appl'Olal: (1) modify lie "EminJon UlWr' dIIInI- !ton to Indude polM.,. IIeted uneler 112(b) of the Clean Air Act; enel (2) modify the "Meter 'OUI'C." cleflnlllon to Inclu&! the UJMfat.a cleflnitlOl'l lor 01 regulM· ing I'l'Hflhouse gaMS

_ pat1 of EPAs Pre-IticIn 01 SigniIIcMt Deteriofationrrrn. V au TaIorirlg FlMfe Th. Commluion Ie. publishing Ihla clirect anal action 'fIflthout. e prior prop08eel rule because h views thll .s .. noncontrovertlal amendment .nd anti_let no .c1v8rH commenta.**~A** 

### n. I9qUlrad

...... T'" V**~I'WM** ao mocIIfy tIN' deIlnilfon 01 tnajOl' 8OUrce" and

..... adion II flIqUired by EPA Itl ordfK lot the \'!bal program te be consiltlll1! wIttl the minimum r.qulrementl of {telar.1 lew lor TItle V programs. If the CommIssion recilivu aclvtl ria oornmcN'lt, It will publilh a WMIy wIthcImweI In IbI ..".. .."tIer INiI tt- "..

_ been pi4I' II/'Ied Inlonning tI» pub&Ic that 

## ·**~~** 

# .._- .... --" 

### .......... 

## ..- the ectlon wU( not take efNet II also**w~1** INblIIh • notice 

### oi proPoaeel rulemaldng and wm aO'draes the commentl on the**d1~** lInaI action as of Ihat

## ~:w..,:, 

# ."=

.......... Code and Code cunae- can be obt.lned. A copy of Itle Code end an IX/'tlblt :OWIng the 8Xi&lif\1J delinitlOOl

r "EmlssJan. unit" anel "Major souroe"' anel the new definit/onll for tho

.. terlTll Is 6'ai1aQll' u from Ihe Tribe

.. IWQuauty rogram M8Mger wtlo can biJ c::om.ctId br e-rnU. t1JIII fax or
.,**pa~** at !hi addreue. 

### ncie.d abOvti. The Coele and the IfJlhib;I ahoWing ttle clefloilion**~"** also fa ."ai/able al the k11IOWlng webelta: http://www.louthem-u18**nln.uslalr·quelltY/l&rNll"Of'Irnen~** 

# - FOI ful1hat information OGntllct: l3f'8t'cIIl .aI, Program**~r** Air 0uaJtty PrOQram 

# Souelim Ute 1ndW\ Trlbe, P.o. 8oa' 731**:t~':"** IgnacIo, COloraelo. 563- 7, I8leptlone r (S1:rO)

# '57:.)·:g...,:;~(""~224I1: fu r -.... .1nIII 

### ,-l'NlIe

### -~ p 

### '.u.. t. 2dU

### Montezuma Valley Publishing , 123 Roger Smith Ave , Cortez , CO 81321 Account:

Name: Company: PROGRAM Address : Telephone : 111026

SOUTHERN UTE AIR QUALITY PO BOX 737 MS # 84 IGNAC IO, CO 81137 (970) 563-4705 Ad ID: Descri ption : CHANGES Run Oates: Class: Olig User. Words :

Lines : 44368 44368 PN COMMENTS ON EPA REQ 06/09 /11 to 06f09f1 1 1010 DSCHMITI 904 220 

# LJ FIL

"-",

. y ... 

### y 

### hand this 06/09 A.D.,2011 

### Proof of Publication Cortez Journal

y commi ss i on expires September 16, 2014. Subscribed and sworn to before me . a Notary Public in and for the County f Montezuma, State of Colorado. this 06/09 A.D. , 20ll

lLj KO 

### r Smith Avenue PEGGY DAVES 

### Cortlz, CO 81321 Notary Public State 01 Col orado 

### d that the last publication ofthe said notice was in the issue of said newspaper ated 

### 06/09 A.D., 2011 TATE OF COLORADO ) 

### 55.) ounty of Montezuma )

J 

### Mark Drudge, do solemnly swear that [ am the Advertising Manager for the

ortez Journal , and that I have personal knowledge of the essential fact stated erein; that the same is a weekly printed, in whole or 

### in pan, and publi shed 

### in the ounty ofMontezuma, State of Colorado. and has a general circulation therein ; hat said newspaper has been published continuous l y and uninterruptedly in said ounty of Montezuma for a period of more than fifty-two consecutive weeks prior o the first publication of the annexed leg al notice or advertisement; that said ewspaper has been admitted to the United States mails as second class matter

der the provisions ofthe Act of March 3. 1879, or any amendments thereof and hat said newspaper is a weekly newspaper duly qualified for publishing legal olices and advertisements within the meaning of the law ofthe State of Colorado.



### S 'A t \ 

### That the annexed legal notice or advertisement was publi shed in the regul a d entire issue ofevery number of said weekly newspaper for the period of 1

.nsertion( s); and that the first publication of said notice was in the issue of said

ewspaper dated 06/09 A.D., 2011 44368

The Southern Ute lntlian Tribe/Slata 01 Colorado Environmental Commission is taking direct Iinal action on two changes to the Commission's Re&ftrvalion Air Code that Ire required by the United Stales Environmontal ProtllCtlon Agency ("EPA") In ord or lor the Southem Ute Indian Tribe 10 receive lull Tille V Program approval. This Iction**Cha~** (I) the "Emission unit" definition WI the Reservation Air Code (found at section 1-103(2e)) to include pollutants listed under section 112(b) 01 lhe Clean Air Act ("2 U

. S.C. § 7"'2(b)): and /2) the "Major source' definition in

1e Reservation Air Code (found .I secllon t- 1 03(38)) 10 include lhe Code 01 Fltderal Rogulatlons' updated definition of "Major source ' lor purposes 01 regulal· ing 9.reenhouse gas" as parI of EPA s Prevention 01 SIgnificant Detenonttior\l'Trtle V Greenhouse Gas Tailoring Rulo (found at 75 FED

. REG. 106 at 31St

.. - 31608 (June 3, 2010): 40 C.F.R. 70.2)

. PUBLIC NOTICE NOTlCE OF DIRECT FINAL RULEMAKING AND REOUEST

FOR COMMENTS ON EPA · REQU I RED CHANGES TO RESERVATION AIR CODE AND TITLE V OPERATING PERMIT PROGRAM

Date.

. This action is eHective on Augusl 8, 2011 wlthoullurther nOlice, unless the Commission receiYes significant adverse corn- ments by July 9 , 2011. II the Commission reoeiws significant adYellllt commenta: , It wIlf publl$h a timety wt1hdrawal I n the same manner in whiCh this notice was published informing lhe public lhatlhls action w!ll not take ellect Legal .ulhorlty unMr which the rut e I. proposed. Lallal author· Ity is

.... sted WI the Southem Ute Indian Tribe/ State 01 Colorado Environmental Commission by the Intergovemmental Agreement Botwnn the Southern Ute Indian Tribe and the Slale of Colorado Concerning Air Quality Control on the SOlJthern Ute Indian Reservation dated December 13. 1999rtGA1, tribatJaw ( ResoIution 01 the Council of the Southem Ute Indian Tribe , QO.(9), State lew

- . R

. S

. t 2

.. -62·101 ) , .nd federal

I (Act of OCtober 18, 2004, Pub.

_. No

. 108·336, 118 Stal.l354) to adopt rulos and regulations for .Ir quality programs appllcablo to all lands within tho exlerlor boundaries of tho Southern Uto Indian Reservation

. The Commission'.44 3 68 44368 PN COMMENTS ON EPA REQ CHANG ES Page 2 direct IInal rulemaklng authority can be bund in section IV.G. of the CommISSion's Procedural Aulas. Su b ml •• ron o f c ommen ts. Please provide any comments no later than July 9. 2011. Please submit your comments 10 Brenda Jarrel, Air Quality Program Manager lor the Southern U

.. Indian Tribe. by one of the Iollowing methods:

·E-mail; bjarreIIOsouthern-ute. nsn.us

·Mail: Southern Ute IndlanTribel Stale 01 Colorado Environmental Commission, c/o Brenda Jarrel" Air Quality Program Manager, Southern Ute Environmental Programs Division, P.O. Box 737 MSl84 , Ignacio, COOrado, 81137

-Fax: 970-563-0384

- Hand <leI/Yery: Air Quality Program , Environmental Programs DMslon, Southern Ute Indian Tribe, 116 M()IJaen. Or

. , Ignacio, Colo rado, 81137**upple me** **~ry** I nforlTllltlo n and sum m ary descri pt i on of Code c h an ges. On November 12, 2008, the Commission adopted a Reservatioo Air Code contairwlg regulations tor a Title v Ooeraling Permit Program and, on June 14, 2010. the Commission adopted certain changes to the Title V Operating Permit Program that were required and recommended by EPA as a condition for EPA's appl'OYal of the application by the Southem ute Indian Tribe kif a delegation of authority 10 administer lhe Commlsslonapproved T1tllI V Operating Permit Program on the Soulhem Ule Indian Reservation. On March 9, 2011, EPA published notice 01 ils proposed Interim approval 01 the TItle V Operating Permit Program lor the Southern Ute Indian Reservation. See 76 FED

. REG. 46 8112926 -12931 (March 9. 2011). In the notice of its proposed in!8rim appi0Y8l 01 the TItle V Operating Permil Prog/1llTl lor the Southern Ute Indian Reservation. EPA det9rmir.ed that II\e following two changes must be made to the Reservation Air Code In order lor Ille Tribe 10 receive full Title V Program approval: (1) modify the ' Emission unit" defin i
- lion to incluOe pollulants listed under 1 12(bl of the Clean Air Act; and (2) modIfy lhe "Major source" definition to lOClude the updated definition lor purposes of regulatIng**~reenhouse** gases u part of EPAs Prevenllon of Signllleanl DeteriorationlTltle V Greenhouse Gas Tailortng Rule

. The Commission is publishing this direcl final action without a prior proposed rule because II views ltlis as a noncontroversial amendment and anticipates no adverse comments. EPA has required state T1tIe V programs to modify their definition of 'major source" and thlI action is requlred by EPA in order lor the trltal program 10 be consist8flt wiltlthe mlnllTlurn requlraments of federal law or TltIe V programs. II the CommISSion rec8IYeS adYerse comment, it will publish a timely withdrawal In lhe same manner that Ihls notice has been published Informing the public that the action will nol take effect. It also will publish a notice of proposed rulemaklng and will address the comments on the direct final action as part of ltlat**p~ed** rulemaking.**W~re** a co mp lete copy of In. Code a nd Code chan g es can be o b lalned. A copy of the Code and an exhibit showing the existing delinilions for "Emissions unit" and "Major source" and the new definitions lor those terms Is available upon request Irom the Tribe's AIr Quality Program Manager who can be contacted by e-mail.mail. 10, or in person al the address- es noled aboYe. The Code and the exhibit showing !he oefini1lon changes also is available at the lollowing website: bllQ;/fwww,southern-ule.nsn.ys/ uglity/envlronmental-com

. Fo r fu rth e r i n fo rmatlon c ontact: Brenda Jarrell. Program Manager. Air Quallly Program. Southern Ute Indian Tribe, P.O. Box 737 M5184. Ignacio. Colorado. 81137 ; tele

# S onene number (970) 563-4705 ex!. 2246); fax number (970) 563- 384; e-mail blaHeIIOsoulhern-ulo,nsD,Ys Published In the Cortez Journal on June 9, 2011

# - 

# - 

# LJFILE

AFFIDAVIT OF PUBLICATION Ad No. 66259 COpy OF PUBLICATION 

# ,...

document. And the cost of the publication is $275.51



# • • • Please provide any eomrnent5 no later lhon July', :lOll. Please submit 'f'OUf commtllll '0 Brenda Jorrell. Jolt Quollty P""",,," ManclQer for tlw Southern Uti lndlon TrIbe, bY .one of

, .. following method$'

o E-maIl. bfarrlllOsoUlhem· ule.nsn.lIS Moll: Soulhem Ute loolan TrtbllSlote of t;oIorgdo En vlrGf'UTllOtol commialon, c10 8reMo Jorrell, Air Quol ItY Protilrortl Monoger, Soultlem Ute Ermroomen tal Programs DlvIsion. P.O. BoX 131 MSI

..... IlU1OCio, COk;JrOl:to, 11137 Fox, 91I)..563.03lW HoIV:I dlli..-erY: Air QualifY Proerom. Environmentol ProtIroms Divlsloo. soutll ern UI1l Indian Tribe. 116 ,,\ouOCIIe Dr.• lifJOCio

. COlo rociO,ltl:J1 IV. SUPPflm.rrton InformCltioa aod IUmmory descriPlioll

... CDde 

# -.

NOTICE OF DIRECT FINA.L RULEMAKING

.... ND REQUEST FOR

COMMENTS ON EPA·REQUIRED CHANGES TO RESERVATION AIR CODE AND TITLI! V OPE

.... TIHG PERMIT PRO· 

# ..... The sovtnem Ute l!>dlan**Tr~lol.** of Colorodo EnvironmentGl**~Ion** Is tokl.-.;, direct fi"Ol action on two ehonees 10 the c:omrmssion's R--..ollon Air Co6e that ore r8QUired b¥ tl'Ie United Sfol.. EnyjrOlVt1lll'lt:! Protection o\genCY ("ePA") in ordIr tor the Southern Ute Incllon Tribe III re- c:eNe full Title V progrom**~.** TIlI$ oction chonea (1) the "Emis5icn unit"**~lnjthln** In the Rewrvotion Air Code (round 01 tKtlon 1-103(26)) loindude IlOlMonts listed section**n~bl** 01 thl Clean Air Act (42 U.S.C. i 7412(1)) ond (1) the "Jrr\olor**~c:.'** deflllit

.... 11\ tl'Ie**R~!1on** Air COde (found of section l·lO3(3111 to InckJde the Code of Flldefol Regulotlons' uP<krtI'd deflnlflon of "Molor SDUrCe" toe PUr-

__ of rwguloting**SI~** gases 0$ part of EPA'. Prwenllon of Slonmcol'lt Oeterlorollonl"Tllle V GrlMllhouM 60s Tailoring Rule {found 01 75 fED. REG. 106 of 3151" • 31601 (JUI'le J. 2010); .0 C_F.R,.70.2). I Dol... ThiS action Is effec

- tive on Aueutl I, 2011 wiThoUt further notice, Uflless the Commi$Sion receives sillfllrlc;ortf odwne c;omrnents bY July 9.2011. lillie CommIQIon receives lig· nlfkont oclV'l!r

.. comments, It wUl PUb-- 11511 G timely wifttdrowo' In tile $411'IIt IIICInner In wllicll "'Is notice wos PUblished Infor'mlnv the PUblic !IKJt ft11s 0(;. tiM will not tokl.rfect, II. U901outllority under wlllcll t1'Ie rule 15 praJlQ5ed. l.e901 Gutllor1IY 15**v~ted** In 1111 SOuthern U

.. Indian TrlbelSlote of COlorooo env!ronment1J1 Commission by till Inter"90vernmenlol Agreement Between the $outllern Ure 'ndion Tribe and Ille Stole of Colorado Concerning Air Quality COIllrol on lhe Sovll\em Ute Indian RtMrvtltlon deted Decllmber 13, 1m ('IGA"), Irlbol low (Resolution of Ille Council of the Southern Ute Indlon Tribe' 01)-091, 510111 law (C.R.S. t '24-62. IO\), and fltderol low (Acl 01 October II, 2lXlA, PUb. L. No

. 108·336, 118 Slol 1354) to adopt rulll5 and regulations for olr quality PfOll(Om5 aPplicable 1o all lands within lhe Illlerlor boundorles of 1111 Soulhern UI1l lndltln Reservotion. The Commission'. direct IInol rulemakln; oulhority can be found In Metlon IV.G of !tie CommIssion's Procedural Rules. Ill. Sutlmlnlon of comments. ELCHERT JOHN 

## STATE OF NEW MEXICO County of San Juan:
JOHN ElCHERT, being duly sworn says : That HE IS the PUBLISHER of THE DAILY TIMES , a daily newspaper of genera l circu lation published in English at Farm ington

. said county and state , and that the hereto attached Legal Notice was pubhshed in a regular and entire issue of the said DAILY TIMES , a daily newspaper duly qualified for the purpose within the meaning of Chapter 167 of the 1937 Session Laws of the State of New Mexico for publication and appeared in the Internet at The Daily Times web site on the following day(s ): Thursday , June 9 , 2011



# , appeared before me , whom I know personally to be the person who signed the above 

## o0tI November 12. 2001, the commission odoPted 0**R~otIon** Air CodI' conlolnlnt**~lolloM** for 0 TIlle V Open;Jtlng Permit Pl"Ollfom and, on June U. 2010. the CommIssion adoPTed certain cnO!1ge5 to Ihe lllie V OPerot· Inll Permit PrQlilrom thaI were required and recommended bY EPA os a condi· tion tor EPA'S QPPI'OVOI of the oll'PlIcQtion by It1e Southern Ute Indian Tribe for Q**delellot~** of authority to Cldmlni,- Irltr the**c:ommln~** TItle V OI*'OtilW Permit Progrom on the SoutMnl UhI ll'ldion Rewrvulion on Morch ,. 2011. EPA PUbliWied notloe of Its prOPOSed Interim**lI~oyol** of rtle TiIt. V Operotlnll Permit Prwrarn tor tile SOUthern Ute Indlon ReMrvallon. see 16 FED. REG. 46 01 12926 12931 (March 9, 2OllJ. In the notice of II!;**j)(~** Int1lrim**a~rovQI** of the TItle V OPtrotlng Pennlt**PrOllr~** for the Souttoenl UtI lndlon RetItfYOflon. EPA determiroed thcrt followif19 t-. dQlge5 must be mode to the Reservelion Air Code In orner for the Trlbt 10 recelvfl fUll lUte V Program OP.f'l'1lVot; (l) modIfY the 'Eml"lon unit dello!- lion to Include pollutant, listed undlf' 1121b) of the Cleon Air Ad; and (2) modify the "Molar $OlJ1"Ce" definition to Include It1e UPdated elellnltlon for !M'- Il'O*' of regulcdlnll 

# ",....houIe 90MI 01 IlGI1 of EPA ', Pl"lWl'ltlon of**~nillo:lnt** Detenonrtlontrltle V GIW!nhouse Gas Tailoring RUle. The CQmmlMlon II publlshln9 thl, dIrect final action wlll10ul a Prior pr0p.05ed rule bKouse II views ttlll 01 a nonconlroverslol omendment and antlcIlICIln no adverse commenls... EPA hes requlm state TItle V Pf"05Irams to mod· ltv !tIeir deflnltiCll'l of "maior $Ol,Irce" oncI 1Ill' action Is required by EPA in order for the tribal program tll be coo- Iistem w1ttl the minimum l'eQVlrements of federal low fCII'" TlfI, V J)rogrllms. If tM Commission receives advel'"N (amment, It will publish a timely Withdraw1I1 In the slime mllnner thot this nlIlice h(l$ been pObnllled Informing the public; !tIat the CKtlon will not toke eftuct It**QI~** will publish 0 nollce of IH'OPOSed rvlemoklno oncI win address the c;om. II'leI1f$ on !til direct flnol action CIS part of tIlCIt Pr"OPOMd rvleI'nCIkhw Y. W",,", a a»mpl

... copy of tile CoM -eI Code dMla91S ((III 1M! obtalftld. A c;apy of 1M Code ood on eJdIlblt lhow· Ing the existing deti

.. ltlons for ·Emls· ,Ion$ unit ' gnd "Molor source" gnd It1e

_ definitions for thoR terms Is <rVOllotM UPOn from the Trit.'s Air QuoIlty Program Manoger who c.on be (ontacted by e-mail. moll. fax, or In Person 01 the addressn noted above. Tile Code and the exhibit ,howlng !he defInitIon cheng.ea also II available at !tie foJlowlltll webslll:http;/I_w.southern·ute.n,n.us/oirquolltvlen-,!ronment oil-commlsslon Fer fvrthW eMtact: 8r'eMn Joro'BlI, Program MotIolt- er. Air Quollly Prwrom. ute Indfon Tribe, P.O. Box ro MSf8.(, I,moclo. Coloralio, 81137; telephone number (970) S63-4705 (exl. 2'2461; fox number (970) S6J..o38A; &-moll biorreIIOSOtt!hern-ule.MII.1JS Lagol No. 665 PUblished In Tn. Doily TImes on II.nI ,. 2011.SOUTHERN U TE DRUM

- PROOF OF PUB U CATlQN http://www .southem-ute.nsn.uS/OR U**M/POF~20 OL** **OE R/I** **I061 10** **UM/II0611SUD** _PD F .pdf



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## Notice of direct final rule making and request for comments on EPA

-require d changes to reservation Air 

## Code and Title V Operating Permit Program



# - - I GREAT FUTURES START HERE.

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## ...

# Tab 4CKRTIFICA

## Tfi: OF SKRVICF: The undersigned hereby certifies 

### that a true and correct copy of the Notice of Direct Final Rufemalcing and Request for Comment", on**J::PA Required**  Changes 

### to Reservalion Air Code and Title V Operating Permit Program was served on the 

### following via e·mail, U.S. Postal Service, or fax, on the 9th 

### day ofJune 2011: 

### Paul Tourangeau, Division Director paul.tourangeau @slate,co.us Colorado Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246-1530 

### Kirsten King , Stationary Sources Program Manager kirsten.king@state.co.us Colorado Air Pollution Control Division 4300 Cherry Creek Drive South Denver, CO 80246 -15 30 

### Barhara Roberts , Commission Chair barbara.roberts@state.co.us Colorado Air Quality Contro l Commission 4300 Cherry Creek Drive South Denver, CO 80246-1530 Roland C. Hea, Supervisor Pennitting Section roland.hea@state.eo.us Department of Publ i c Health & Environment APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246 Stephen 

### M

. Brown, 

### Esq. steve. brown@state.co.us Attorney General 's Office 1525 Shennan Street, 

## t h Floor Denver, CO 80203 Alexis North, Environmental Scientist North.AlexiS@epamail,epa.gov Air Pennitting, Monitoring & Modeling Unit Environmental Protection Agency, Region 8 (8IJ

- AR) Office of Partnerships & Regulatory Assistance 1595 Wynkoop Street Denver, CO 80202 -1 129 Soulhern 

### Ute Agency Bureau of Indian Affairs Attn: John Waeonda, Superintendent P.O. Box 315 Ignacio, CO 81137

### Board of County 

### Commissioner.; An:huleta County 449 San Juan SI. P.O. Box 1507 Pagosa Springs, CO gl147 

### Board of County 

### Commissioners 

### La Plata County 1060 East 2nd Avenue Durango, CO 8130 

### I 

### Board of County Commissioners Montezuma County 109 West Main St. Cortez, CO 81 g2 

### t 

### Board ofCounty 

### Commissioners San Juan 

### County 100 South Oliver 

### Dr

. Aztec, NM 87410 Mary Uhl , Air Quality Bureau Chief



### ew 

### Mexico Environment Department Air Quality Bureau 1301 Siler Road, Building B Santa Fe, NM 87507 

### Gary Hayes, Chainnan Ute Mountain Ute Tribe POBox 448 Towaoc CO 81334 

### Scott Claw, EnvironmentaJ Department 

### Ute Mountain 

### Ute Tribe PO Box 448 Towaoc, CO 81334 Levi 

### Pesata, President Jicarilla Apache 'alion P.O. Box 507 Dulce, NM 87528



### 2 scloW@utcmountain.org

### Cordell TeCube, Director Environmental I'rotection Office Jicarilla Apache Nation 

### P.O. Box 507 Dulce, NM 87528 Charlene Nelson, Program Manager Air Quality Control Program

avajo Nation Environmental Protection Agency 

### P.O. Box 339 Window Rock. AZ 86515 Charlenenelson@:navajo.org

Rita Bates, Air Quality Planning & 

### Policy Section Chief NMED Air Quality Bureau 

### l30l Siler Road Building B 

### San'a 

### Fe, ' M 87507 Mark J ones, Environmental Analyst NMED Air Quality Bureau 3400 

### Messina Drive, Suite 5000 

### Fanni ng'on, NM 87402 Kelly Palmer, Hydrologist 

### USFS San Juan Public Lands Center 15 Burnett Court 

### Durango, CO Hl30l

# ~~ Air Quality Program Manager Southern U te Indian Tribe

# ~LIW.bIl.DQWk~ Mar n e Scon-Jewett Air Quality Administrative Assistant Southern Ute Indian Tribe



### 3

### SOVfHERN UTE INDIAN TRlBE/srATE OF COLORADO ENVIRONMENTAL COMMISSION

P

.O

. B ox 737 MS ' 84 , Ignacio. CO 81137 Phone: (970) 563

- 4705' Fax: (970) 563 0]84



### June 8, 2011

Paul Tourangeau, Division Director Colorado Air Pollution Control Division 4300 Cherry Creek Dri ve South Denver, CO 80246 -1 530



### Re: Notice of Direct Final Rul emaking and Request for Co mments on [PA· Requircd C hanges to Reservation Air C ode and Title V Operating Permit Program 

### Dear Mr. Tourangeau, Enclosed 

### with this lener, please find a 

### Notice of Direct Final Rufemaking 

### and Reqllest for Commen/s on EPA-Required Changes to**Re~ ervalion**  Air Code and Title V Operating Permit 

### Program that is being scnt to you by the Southern Ute Indian Tribe/State of Colomdo 

### Environmental Commission ("Environmental Commission"). The Environmental Commission was created 

### by the Southern Ute Ind ian Tribe and State of Colorado for the purpose of establishing an air pollution control program thut will apply to 

### all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources are located. 

### In accordance with its Procedural Rules, 

### the Environmental Co mmission is required to give notice of any rule it 

### proposes to establish or change. You or your staff are invited to r eview 

### the enclosed 

### Notice and 

### to provide 

### us with any comments thal you 

### may have on the two changes to the Environmental Commission's Reservation Air Code th at are required by the United States Environmental I )rotection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.



# -
Daniel Fauth, 

### Chairman



### Commi ssioners Virgil Frazier Fran K ing Bro wn Je ffery Jefferson. Jr

. Daniel Fa uth Peter R

. Foster Robert Milofsky

### SOlJIHERN lITE INDIAN TRIBE/Sf ATE OF COLORADO ENVIRONMENTAL COMMISSION

P

.o . B ox 737 MS #84

. Ignacio

. CO 81137 Phone : (970) 56]

- 4105

. Fax: (970) 563 • 0384



### June 8, 2011

Kirsten King, Stationary Sour ces Program Manager Colorado Air Pollution Control Divi sion 4300 Cherry Creek !)rive South 

### Dcnver, CO 80246-1530



### Re: Notice of Direct ]tinal Rulcmaking and Request for Comments on EPA-Required C hanges to Reservation Air C ode and Title V Operating Permit Program Dear M s. King, Enclosed 

### with this letter, please find a Notice of Direct Final Rulemaking and Request for 

### Comments on EPA -Required Changes 10 

### Reservation Air Code and Title V Operating Perm;t 

### Program that is being sent to you by 

### the Southern Ute Indian TribclState of Colorado Environmental Commission ("Enviro nmental Commission"). The Environmental Commission was created 

### by the Southern Ute Indian Tribe and State ofColorado for the purpose of establishing an air pollution conlrol program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless ofland ownership status within the Reservation where Ihe sources are located

. In accordance with its Procedural Rules, the Environmental Comm iss ion is required to give notice of any rule it propose s to establish or change. You o r your staff are invited to review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Co mmi ss ion's Re servation Air Code that are required by the United States Environmental Proteclion Agency in order fo r the Southern Ute Indian Tribe to receive full Title V Program approval.

## S~7IY

# cy**<--.)~-** 

# -- -
Daniel Fauth, Chairman



### Commissioners Virgil Frazier Fran King Brown Jeffe ry Jefferson, Jr

. Daniel Fauth PeterR. Foster Roben Mllofsky

### SOUTHERN UTE INDIAN TRIB E/STA TE OF COLORADO**NV1RO ME** **NT AL** **O~~ ION**  P

. O. Box 737 MS #84 , Ig nacio, CO 81137 Phone: (970) 563 ·4705

. Fax: (970) 563

. 0384

June 8, 2011

Barbara Roberts, Commission Chair 

### Colorado Air Quality Control Commission 4300 Cherry Creek Drive South 

### Denver, CO 80246·1530

Re: Notice of Direct Final Rulcmakin g and Request fo r Comments on EPA- Rcqu ired C han ges to Reservation Ai r Code and Title V Op eratin g Permit Program 

### Dear Ms. Roberts, Enclosed with this letter, please find a Notice of Direct Final Rulemaking and Request for Comments on EPA-Required Changes to Reservation Air Code and Title V OperaJing Permit Program that is being sent to you by the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created 

### by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply 10 all sources of air pollution located on the Southern Ute Indian Reservation regardless of lillld ownership status within the Reservation where the sources arc located. I n accordance with its Procedural Rules , thc Environmental Commission is required to give notice of any rule it proposes to establish o r change. You or your staff are invited to review the enclosed Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that arc required by the United States Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Ti tle V Program approval.

# ~k- 

# __ Daniel Fauth, Chainnan



### Commi ssioners Virgil Frazier Fran King Brown Jeffery Jefferson. Jr

. Daniel Fauth PeterR. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO ENVIRONMENTAL COMM!SSIO

P

.O Box 737 MS#84 , Ignacio , CO 81137 Phone : (970) 563

- 4705 ' Fax : (970) 563 ·0384



### June 8, 2011

Roland C. Irca, Supervisor Permitting Section Department of I>ublic Health & Environment APCD-SS-BI 4300 Cherry Creek Drive South Denver, CO 80246



### Re: Notice of Direct Final Rulcmaking and Request for Comments on EPA- Required Changes to Reservation Air Code and Title V Operating Permit Program 

### Dear Mr

. Hea, Enclosed with 

### this letter, please find a Notice of Direct Final Rulemaking and Request/or Comments on EPA-Required Changes 10 Reservation Air Code and Title V Operating Permit Program lhal is 

### being sent to you by the Southern Ute Indian Tribe/Stale ofColorodo Environmental Commission ("Environmental Commission"). The Environmental Commission 

## wa" created 

### by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply to 

### all sources ofair pollution located on the Southern Ute Indian Reservation regardless ofland ownership status within the Reservation where the sources arc located. 

### In accordance with its Procedural Rules, the Environmental Comm ission is required to give notice of any rule it proposes to establish or change. You or your staff 

### arc invited to review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission ' s Reservation Air Code that 

### arc required by the United States Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chainnan



### Commissioners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Milofsky

### SOlJIl-lERN UTE INDIAN TRIBE/STATE OF COLORADO ENVIRONMENTAL COMMISSION

P

. O

. Box 737 MS *'84 , Ignacio, CO 81137 Phon e: (970) 563 ·4705

. F ax: (970) 563·0384



### June 

### 8, 2011
Stephen M. Brown, Esq. Anomey General"s Office 1525 Sherman Street, 7lh 

### Floor Denver, 

### CO 80203

Rt : Notice of Uirect Final Rulemaking and Requ est f or Comments on EPA·Required 

### C hanges to Reservation Air 

### Code and Title V**Operatin~** 

### Permit Program 

### Dear Mr. 

### Brown, Enclosed with this letter, please find a 

### Notice of Direct Final Rulemaking and Request for Comments on F.PA-Required**Change~'** to Reservation Air Code and Title V Operating Permit 

### Program that is being sent to yo u by the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commissio n" ). The Environmental Commission was created 

### by the Southern Ute Indian Tribe and State of Col omdo for the purpose of establishing an air pollution control program that wi ll apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless 

### of land ownership status w ithin the Reservation where the sources are located. 

### In acco rdance with its Procedural Rules, the Environmental Commission is required to 

### give notice of any rule il proposes to establish or changc. You or your staff arc invited to re vicw the cnclosed NOlic:e and to provide us with**~Uly** commenls that you may have on the two changes to the Environmental Commission's Reservation Air Code that arc required by the United States Environmenllli Pro tec ti on Agency in order for the Southern Ute Indian Tribe to receive f ull Title 

### V Program approval.

Sinccr

Daniel Fauth, Chainnan



### Commi ss i oners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Milofsky

### SOUfHERN UTE INDIAN TRIBE/Sf ATE OF COLORADO ENVIRONMENTAL COMMISSIO

P

.O Box 737 MS**~84** Ignacio , CO 8 1137 Phone: (9 10) 563 ·4705' Fax : (970) 563

- 0384

June 

### 8, 2011

Alexis North, Environmental Scientist Air Pcrmitling, Monitorin g & 

### Modeling Unit Environmental Protection Agency, Region 8 (8P-AR) Office of Partnerships & 

### Regulatory Assistance 1595 Wynkoop Street Denver

. CO 80202

- 1129



### Re: Notice of Direct Final Rulemaki ng and Request for Comments on EPA-Required 

### Changes to Reservation Air Code and Title V Operating Permit Program Dear Ms

. North, Enclosed 

### with this letter, please find a Notice of Direct Final RulemaJdng and Request for Comments on EPA-Required Changes (0 Reservation Air Code and Tille V Operating Permit 

### Pr ogr am that is being scnt to you by the Southern Utc Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and State of Co l omdo fo r the pUfJXlse of establishing an 

### air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indjan Re servation regardless of land ownership status within the Reservation where the sources are located. In accordance with its Procedural Rules, the Enviro nmental Commission is required to give noti ce of any rule it proposes to establish or change. 

### You or your staff 

### are invited to review the enclosed 

### Notice and to provide 

### us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the United States Environmental Protection Agency in order for the Southern Ute Indi an Tribe 

### to receive full Title V 

### Program appr oval.

# 2&.**~-** Daniel 

### Fauth , Chainnan



### Commiss i one rs Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Mi/o(s/(y

### SOUTHERN UTE INDIAN TRIB E/ST A TE OF COLORADO**ENV1 NNffi** **NTAL O~~** **ION** P

.o Box 737 M$ #84 , Ig n aci o , CO 81137 Phone: (970) 563

- 4705

. Fax: (970) 563

- 0384



### June 8, 2011 Southern Ute Agency Bureau of Indian Affairs 

### Attn: John Waconda, Superintendent P.O. Box315 

### Ignacio, CO 8113 7

Rc: No tic e of Direct Final Rulcmaking and Request f or Comments on EPA-Req uired Changes to Reservation Air C ode and T itle V Operating Permit Progr am 

### Dear Mr. Waconda, Enclosed with this Icuer, please find a No/ice of Direct Final Rulemaking and Requestfor Comments on EPA-Required Changes 10 Reservation Air Code and Title V Operating Permit Program that is being sent to you by the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and State of Co lorado for the purpose of establishing an air po llution control program that will app ly to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sourees are located. In accordance with its Procedurat Rules, the r:nvironmental Commission is required to give notice of any rule it proposes to establish or change. You or your staff arc invited to r eview the enclosed Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the United States Envirorunental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

# 2Uv~ Daniel Fauth, Chainnan



### Commi ssioners Virgil Frazier Fra n King Brown Jeffery Jefferson, Jr. Daniel Fauth Peter R. Foster Robert Milofsky

### SOl.ITHERN lITE INDIAN TRIBE/STATE Of COLORADO**E~ONMENTALCO~ION** PO Box737MS#84 , lgnacio , CO 81137 Phone' (970) 563 ·4705

. Fax' (970) 563 • 0384

June 8, 2011 Board of County Commissioners Archuleta County 449 San Juan St. P.O. 

### Box 1507 Pagosa Springs, CO 81147



### Re: Notice of Direct " ' inal Rulemaking and Request for Co mments on EPA-Required Changes to Reservation Air Code and Title V Operating Permit Program Dear County Commissioners, Enclosed with this letter, please find a 

### NO/ice of Direct Final Ru/emoking and Request for CommenJs on EPA·Required Changes /0 Reservation Air Code and Tille V Operaling Permit 

### Program that is being sent to you 

### by the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership slatus within the Reservation where the sou r ces are located. In accordance 

### with its Procedural Rules, the Environmental Commission is required to give notice of any rule it proposes to CSlablish or change. You or your stafT are invited to review the enclosed No/ice and to provide us with any comments that you may have on the two changes to the Environmental Co mmission 's Reservation Air Code that are required by the United States Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chairman



### Commissioners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster R0b8tt Milofsky

### SOUTHERN UTE INDIAN TRIBE/S T A

TE OF CO LORADO ENVIRONMENTA L COMMISSION P.O. Box 737 MS # 64, I gn a cio, CO 81137 Phone: (970) 563 ·4705

. FIlX: (970) 563 •**03~4**



### June 8, 2011 Board of County Commissioners La Plata County 1060 

### East 2nd Avenue 

### Durango, CO 81301

Re: Notice of Direct Final Rulemaking and Req uest for C omments on EPA -Required C hanges to Reservation Ai r Code and Title V Operating Permit Pro gra m Dear County Commissioners, Enclosed with this letter, plea<;e t i nd a Notice ojDirect Final Rufemaking and Request for 

### Comments on EPA-Required Changes to Reservation Air Code and Title V Operating Permit Program that is being scnt to you 

### by the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission wa<; created 

### by the Southern Ute Indian Tribe and State of Colorado for the purpose of establ ishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources arc located. In accordance with its Procedural Rules, the Environmental Commission is required to give notice orany rule it proposes to estab lish or change. You or your staff are invited to review the enc losed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the United Slates Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program app roval.

Daniel Fauth, Chainnan



### Commi ssioners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRlBE/STATE OF COLORADO ENVIRONMENTAL COMMISSION

P

.O

. Box 737 M$ #84

. I gnacio. CO 8 1137 Phone: (970) 563

- 4705

. Fax : (970) 563·0384

June 8, 2011 Board ofCounlY Commiss ioners Montezuma County 109 West Main St. Cortez, CO 8 J 821



### Re: Notice of Direct Final Rulemaking and Request for Comments on EllA -Required Chang es to Reservation Air Code and Title V Operating Permit Program Dear County Commissioners, Enclosed with this letter, please find a Notice of Direct Final Ru/emaking and Request for Comments on EPA-Required Changes 

### 10 Resen:otion Air Code and Title V Operating 

### Permil Program 

### that is being sent to you by the Southern Ute Indian TribclState of Colorado Environmental Commissi on ("Environmental Commission"). The Environmental Commission was created 

### by the Southern Utc 

### rndian Tribe and Stale of 

### Colorado for the purpose of establishing an air pollution control program that will app1r to all sources of air pollution located on the Southern Ute Indian Reservation r egardless of land ownership status within the Reservation where the sources 

### arc located. In accordance with its Procedural Rules, the Environmental Commission is required to give notice or any rule it proposes to establish or change. You o r your statTare invited to re view the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required 

### by the United States Environmental Protection Agency in order for the Southern Utc Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chairman



### Commiss i one rs Virgil Frazier Fran King Brown J

effery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Milo(sk y

### SOUTHERN UTE INDIAN lRlBE/STATE OF COLORADO**E~O MENTALCO~ION**  P.O. Box 737 MS #84 , Ig nacio, CO 81137 Phone : (970) 563 • 4705

. Fax: (970) 563 • 0384



### June 8, 2011 Board of County Commissioners San Juan County 

### 100 South Oliver Dr. !\ztcc, 

### NM 87410

Re: Notice of I>irect Final Rulemaking and Request for Comments on EPA

- Required Changes to Res ervation Air Code and Title V Operating Permi t Program 

### Dear County Commissioners, Enclosed with this letter, please find a Notice of Direct Final Rulemaking and Requestfor 

### Comments on EPA.Required Ch(mges to 

### Reservation Air Code and Title V Operating Permit Program tllat is being sent to you by the Southern Ute Indian Tribe/State of Co lorado Environmental Commission ("Environmental Commission")

. The Environmental Commission was created by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources are located. Ln accordance with its Procedural Rules, the Environmental Commission is required to give notice of any rule it proposes to establish or change. You or your stafT arc invited to review the enclosed No tice and to pro vide ,us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that 

### are required 

### by the United Stutes Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive futl Title V Program appro val. 

# Si;C /7 {jA

# .,~ Daniel Fauth , Chairman



### Commi ssioners Virgil Frazier Fran King Bro wn Jeffery Jefferson, Jr. Daniel Fauth Pater R. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/Sf A

TE OF COLORADO ENVIRONMENTAL COMMISSION

P

. o
. Box 737 MS #84 , I gna cio. CO 8 1137 Phone : (970) 56) • 4705

. Fax: (970) 563

- 0384

June 

### 8, 2011 Mary Uhl, Air 

### Quality Bureau Chief New Mexico Environmental Department 

### Air Quality Bureau 1301 Siler Road, Building 8 

### Santa Fe, NM 87507 Rc: Notice of Direct Final Ru lemaki ng and Request f or Co mm ents on**PA~Requi cd**  

### C hanges to Reservation Air Code and Title V Opcr1Iting Permit Program 

### Dear Ms. Uhl , Enclosed with this letter, please rind a Notice of Direct Final Rulemaking and Request for Comments on EPA-Required Changes to Reservation Air Code and Tille V Operating Permit Program that is being sent to you by the Southern Ute Indian TribclState of Colorado 

### Environmental Commission C"Environmcnlal Commission")

. 

### The Environmental Commission was created 

### by the Southern Ute lndian Tribe and State of Col omdo for the purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership sta tus within the R

eservation where the sources arc located. In accordance with its ProcedumJ Rules, the Environmental Commission is required to give notice of any rule it proposes to establish or change. You or your staff are invited to review the enclosed Notice and to provide us with any comments that you may have on the two changes to the Environmental Commissio n 's Rcservation Air Code that arc required by the Unilcd States Environmental Protection Agency in order for the Southern Ute Indian Tribe to r eceive full Title V Program approval.

# (Z:~~-- Daniel Fauth. Chainnan



### Commiss i oners Virgil Frazier Fran King Brown Jeffe ry Jeffe rson
. Jr

. Daniel Fauth Peter R. Foster Robert Milofsky

### SOlTfHERN UTE INDIAN TRIBE/STATE 

### OF COLORADO**E~R ONME** **NlA O~~** **ION** P ,O

. Box 737 MS # 84, Ign acio, CO 81137 Phone: (970) 563

- 4705· Fax: (970) 563 • 0384



### June 8, 2011 Gary Hayes, Chairman Ute Mountain Ute Tribe 

### P.O. Box 448 Towaoc, CO 81334 

### Re : Notice of D irect Final Rulemaking and Request for Comments on EPA-Required C han ges to Resen: ation Air C ode and Title V Operating Permit Progr am Dear Chairman Ilayes, 

### Enclosed with this letter, please find a Notice of Direct Final Rll/emaking and Request for Comments on EPA-Required Changes to Reservation Air Code and TitLe V Operating Permit 

### Program that is being sent to you by the Southern Ute Indian Tribe/State of Colorado Environmental Commission (" Environmental Commission " ). The Environmental Commission was created 

### by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources are located. In accordance with its Procedural Ru les, the Environmental Commission is required to give notice of any rule it proposes to establish or change. You or your staITarc invited to review the enclosed No/ice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the United States Environmental Protection Agency in order for thc Southern Ute Indian Tribe to receive full Title V Program approval.

# {2Z**~---** Daniel Fauth, Chainnan



### Commissioners Virgil Fraz ier Fran King Brown Jeffery Jefferson, Jr

. Dani el Fauth Peter R. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/Sf A

TE OF COLORADO**E~ ONNffiNT** **ALC O~** **ON** P

. O

. Box 737 MS #84 , Ignacio , CO 8 1137**Phone** (970) 563·4105 ' f'llJII: (970) 563

- 03&4



### June 8, 2011 Scott Cl aw, Environmental Department Ute Mountain Ute Tribe P.O. Box 448 Towaoc, CO 81334 Re: N otice of Direct Final Rulemaking and Request for C omments on EPA-Required Chan ges to Reservation Ai

... Code and Title V Operating Permit Program 

### Dear Mr

. Clow, Enclosed 

### with this letter, please find a Notice of Direct Final Rulemaking and Request/or Comments on EPA-Required Changes to Reservation Air Code and Title V Operating Permit Program 

### that is being sent to you by 

### the Southern Ute Indian TribcJState of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources are located. 

### In accordance with its Procedural Rules , the Environmental Commission is required to give no tice of any rule it proposes to establish or change. You or your stafT arc invited to review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that ar e required by the United S tates Environmental Protection Agency in order for the Southern Ute Indian Tri be to receive full Title V Program approval. 

# Si71'

# ~/.k Daniel Fauth , Chairman



### Commissioners Virgil Frazier F

ran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/ST ATE OF COLORADO ENVIRONMENTAL COMMISSION

P .o. Box 737 MS #84 , Ig nacio, CO 81137 Phone: (970) 563·4705

. Fax: (970) 563 ·0384



### June 8, 2011 Levi Pcsata, President Jicarilla Apache Natio n 

### P.O. Dox 507 Dulce NM 87528

Re : Notice of Direct Final Rulemaking and Req uest for Comments on EPA -Requ ired 

### Changes to Reservation Air Code and Title V Operating Permit Program Dear President Pesata, Enclosed with this letter, please find a Nolice of Direct Final Rulemaking and Request for 

### Comments on EPA-Required Changes 10 

### Reservation Air Code and Title V Operating Permit Program that is being sent to you 

### by the Southern Ute Indian Tribe/State or 

### Colorado Environmental Commiss ion ("Environmental Comm ission"). The Enviro nmental Co mmission was created 

### by the Southern Ute Indian Tribe and State of Co lor<1do for the purpose of establishing an air pollution control program that will appl y to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land ownership status with in the Reservation where the sources are located. In accordance with its Procedural Rules, the Envi ronmental Commiss ion is required to give notice of any rule it proposes to establi sh or change

. You or your staff are invited lo review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to th e Environmental Commiss ion's Reservation Air Code that are requi red by the United State s Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

# ;a**., ~-**  Daniel Fauth, Chairman

C ommiss i oners Vir

gil Fr azier Fran King Brown Jeff ery Jefferson, Jr

. Daniel Fa uth Peter R. Foster Robert Mifofsky

### SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO**E~ONMENTALCO~~ION** P

.O

. Box 737 MS #84

. Ig nacio

. CO 81137 Phone : (910) 563· 470S

. Fax : (970) 563

- 0384



### June 8, 2011 Cordell TcCube, Director Environmental Protection Office Jicarilla Apache Nation 

### P

.O. Box 507 Dulce NM 87528

Re: Notice of Direct Final Rulemakin g and Rcque st for Co mments on EPA-Required Changes to Reservation Air Code and Tille V Operating Permit Program 

### Dear 

### Mr. TeCube, Enclosed with this letter, please find a Notice of Direct Final Rulemaking and Request for Comments on EPA -Required Changes 1 0 Reservation A ir Code and Title V Operating Permit Program that is being scnt to you by the Southern Ute Indian Tribe/State of Colorado 

### Environmental Commission ("Environmental Commission"). The Environmental Commission was c r eated 

### by the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an ai r pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regard l ess of land ownership statu s within the Reservation where the sources are l ocated. In accordance with its Procedural Rules , the Environmental Commission is required to give nOlice of any rule it proposes to establish or change. You or your staff arc invited to review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Enviro nmental Commission's Reservation Air Code that are required by the United Slates Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chainnan



### Commissioners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R. Foster Robert Mi/ofsky

### SOUTHERN UTE INDIAN TRlBE/STATE OF COLORADO ENVIRONMENTAL COMMISSION

P.O. Box 737 MS #84

. Ignacio , CO 81137 Phone : (970) 563

- 4705

. Fax: (970) 563

- 0384



### June 8, 2011 

### Charlene Nelson, Program Manager Air Quality Control Program 

### Navajo Nation Environmental Protection Agency P.O. 130x 339 Window Rock, AZ 86515



### Re : Notice of Direct Final Rulemaking and Request for Co mments on E PA-Req uired Changes to Reservatio n Air Code and Title V Operating Permit Program 

### Dcar Ms. Nelson, Enclosed with this lener, please find a Notice of Direct Final Ru/emaking and Requestfor Comments on**EPA~Required** Changes fa Reservation Air Code and Title V Operating Permit 

### Program that is being sent to you by the Southem Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and State of Colorado for thc purpose of establishing an air pollution control program that will apply to all sources ofair pollution l ocated on the Southern Ute Indian Reservation regardless ofland ownership status within the Reservation where the source s arc located. In accordance with its Procedural Rules, the Environmental Commission is required to give notice of any rule it proposes to establish or change. You or your staff are invited to review the enclosed Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the United States Environmental Protection Agency in order ro r the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chairman



### Com m i ssioners Virgil Frazier Fran King Brown Jeffery Jefferson , Jr

. Daniel Fauth Peter R. Foster Roberl Milofsky

### SOlJIl-lERN UTE INDIAN TRIBE/Sf A

TE OF COLORADO ENVIRONMENTAL COMMJSSION

P

.O

. Box 737 MS#84 , I g nacio , CO 81137 Phone : (970) 563 ·4705

. Fax: (970) 563 0384

June 

### 8, 2011 Rita Bates, Air Quality Planning & Pol i cy Section Chief 

### NMED Air Quality 

### Bureau 1301 Siler Road Building B San" Fe, NM 87507

Rc : NoHcc of I>irect Final Rulcmaking and Request for Co mments o n EPA- Required 

### C hanges to Reservation Air Code and Title V Operating Permit Program 

### Dear Ms. Bates,
Encl osed with this letter, please find a 

### Notice of Direct Final Ru/emakingand Request/or Comments on EPA·Required Changes to Reservation Ai, Code and Tille V Operating Permit 

### Program that is being sent to you by 

### the Southern Ute Indian Tribe/Stale of Colorado Environmental Commission ("Envir onmental Commission')

. The Environmental Commission was created 

### by the Southern Ute Indian Tribe and State of Colorado for lite purpose of establishing an air pollution control program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardless of land owners hip status within the Reservation where the sources are located. In acco rdance with its Procedural Rules, the Environmental Comm issio n is required to give notice of any rule it proposes to establish or change. You or your starr arc invited to review the encl osed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commission's Reservation Air Code that are required by the Un ited States Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.


# sinc11."

# (JA**-~** Daniel Fauth, Chairman



### Commissioners Virgif Frazier Fran King Brown Jeffery Jefferson, Jr

. Daniel Fauth Peter R

. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO ENVIRONMENTAL COMMISSION

P.O. Box 737 M$ #84 , Ignacio , CO 8 1137 Phone; (970) 563

- 4705

. Fax: (970) 563

- 0384



### June 8, 2011 Mark Jones , Environmental Analyst NMED Air Quality Bureau 

### 3400 Mess ina Drive, Suite 5000 Fannington, NM 87402

Rc : Notice of Direct Final Rulemaking and Rcquest for Comments on EPA

-Required Changes to Reservation Air C ode and Title V Operating Perm it Program 

### Dear Mr. Jones, Enclosed with this letter, please find a Notice 

## 0/ Direct Final Rulemaking and Requestfor Comments on EPA-Required Changes to Reservation Air Code and Title V Operating Permit 

### Program that is being sent to you by the Southern Ute Indian TribcJState or Co lorado Environmental Commission ("Environmental Commission"). The Environmental Commission was created by the Southern Ute Indian Tribe and Slate of Colorado for the purpose of establishing an air pollution control program that will apply to all sources of air pollution locatcd on the Southern Ute Indian Reservation regardless of land ownership status within the Reservation where the sources arc located. In accordance with its Procedural Rules , the Environmental Co mmission is required to give notice of any rule it proposes to estab li sh or change. You or your staff are invited to review the encl osed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Co mmi ssion's Reservation Air Code lhal arc required by the United States Environmental Protection Agency in order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel Fauth, Chainnan



### Commissi o ners Virgil Frazier Fran King Brown Jeffery Jefferson. Jr

. Daniel Fauth Peter 

### R. Foster Robert Milofsky

### SOUTHERN UTE INDIAN TRIBE/STATE O F COLORADO E

NVIRONMENTAL COMMISSIO P.o. Box 737 MS 184, I gnacio , CO 8 1137 Phone: (970) 563·4705 · Fax: (970) 563

- 0384

June 

### g, 2011 Kelly Palmer, Hydrologist USFS San Juan Public Lands Center 15 Burnett Court Durango, CO 8130 1

Re: Notice of Oirect**inal** 

### Kulemaking and Request for Comments on EPA- Required C hanges to Reservation Air Code and Tille V Opcnding Permit Program 

### Dear Ms. Palmer, Enclosed with this letter, please fmd a Notice of Direct Final Ru/emaking and Request for Commenls on EPA-Required Changes 10 Reservation Air Code and Title V Operating Permit Program 

### that is being sent to you by 

### the Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Environmental Commission")

. The Environmental Commission was created by 

### the Southern Ute Indian Tribe and State of Colorado for the purpose of establishing an air pollution control 

### program that will apply to all sources of air pollution located on the Southern Ute Indian Reservation regardles s of land ownership stalUS within the Reservation where the sources 

### are located. In accordance with its 

### Procedural Rules, the Envirorunental Commission is required to give notice of any rule it proposes to establish or change. You or your slaffarc invi ted to review the enclosed 

### Notice and to provide us with any comments that you may have on the two changes to the Environmental Commiss ion 's Reservation Air Code that are required by the United Slales Environmental Protection Agency in order 

### for the Southern Ute Indian Tribe to receive 

### full Title 

### V Program approval.

Daniel 

### Fauth. Chairman

Commissioners Virgil Frazier Fran King Brown Jeffery Jefferson, Jr Daniel Fauth Peter R. Foster Robert Milofsky

# Tab 5EPA' s tw o changes to Reservation Air Code req uired to receive full Tille V Progra m ap proval

1. Definition of "Emissions unit" Existing definition: 

### § 1- 103(26) " Emissions uni t" mcans any part or activity of a stat i o nary source that emits or has the potcntial to emit any regu l ated air pollutant. This tcnn is not meant to alter or affect the definition of the tcnn "unit" for purposes of title IV of the Act.

New definition: 

### § I -I 03(26) "Emission s unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air po llutant or any pollutant listed under section 112(b) of the Clean Air Act, 42 U.S.C. 

### § 7412(b). Thi s tcnn is not meant to alter or affcct the definiti on of the tenn "unit" for purposes of title IV of the Act.

2. Definition of "Major source" Ex isting definition : § 1-103(38) " M ajo r source" means ...

(b) A major stationary source under 

### § 302 of the Clean Air Act , 42 U.s.c. S 7602 , that directly emits o r has the potential to emit 100 TPY or more of any regulated air pollutant (including any majo r source of fugitive emissio ns of any such pollutant, as detennined by rule by the Administrator). The fugitive emi ss i ons of a stationary source shall not be co nsidered in detennining whether it is a major stationary source for the purposes of 302(j) o f the Clean Air Act, unless t he source belongs to o ne of the foll ow ing categories o f statio nary sources:

New Definition: § 1-103(38) " Ma j or source" mcans. (b) A major stati onary source of air pollutants, ttRdeFas defined in 

### § 302 o f the C lean Air Act, 42 U.S.C. § 7602, that directly emits , o r has the potential to emit,100 TPY or more of any regulated air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Admi ni strator). The fugitive emissions o f a s tati o nary so urce shall no l be considered in detennining whether it is 

### a major stationary source f or Ihe purposes of3 02U) o f the Clean Air Act , unless the so urce belongs to o ne o f the following categories of stationary sources:

§ 

### 1-103(65) "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, 

### or a nationallyapplicable regulation codified by the Administrator in subchapter C of chapter 

### I of Code of Federal Regulations Title 40 (i.e., 40 C.F.R. Part 70), that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (a)**GreenhOll.~e** 

### gases (GHGs), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydro fluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as ofJuly 1,20 

### II, the 

### GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy**C~equivalent** emissions. (b) The term 

### tpy CO 2 

### equivalenL emissions (CO 2 

### e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global wanning potential publishcd at Tablc A ·1 to subpart A of part 

### 98 of chaptcr 

### I of Code of 

### Federal Regulations Title 40 (i.e., 40 C.F.R. 98 (Table A-I)) -Global Warming Potentials, and summing the resultant value for each to compute a tpy 

### C0 2e. 

### (flo t e: fh e remaining definitiolls iI/ § 1-103. RA C will be reI/limbered 10 

### aCCo llllt for the addiLion of a de jill

### ilionfor "SubjecLto re&'1daLion" ill alphabeLical ord er

)

2

# Tab 6Table of Contents ARTICLE I. GENE RAL PROVISIO S. 1-101 Dec larati on of Po li cy 1 1-1 02 Authority 1 1-103 Definitio ns 1 1-104 Administration 17 1-105 Enforcement 17 1-106 Severability and Preservation of Rights 17 ARTICLE [I. AIR QUALITY CONTROL PROGRAMS. PART 1. 2-1 01 2-102 2-103 2-104 2-105 2-1 06 2-107 2-108 2

- 109 2-110 2-111 2-112 2

- 113 2-114 2-115 2-116 2-117 2-118 2-119 2-120 2-121 2-122 2-123 2-124 2-125 TITLE V OPERATING PERMIT PROGRAM

. Program Overview 17 Effective Date 18 Pennit Program Definitions 18 Applicability 18 Certifi cati o n 19 Pennit Applications 20 Action on Pennit Applicati o ns 24 Review by Administrator and Affected Programs 28 Public otice and Participation 30 Penn it Content 32 Pennit Revisions 41 Penn it Reopcning s, Revocations and Reissuances , and Tcnninati o n .44 Penn it Transfers .46 General Pennits 46 Po rtable Source Pennits 4 7 Facility C hanges Allowed Without Pennil Revisions 48 Emergency Situations .49 Fcc Requirement and Paynlcnt 49 Fee Schedule 52 Redu ction in Pennit Fees 54 Enforcement Authority 54 Co mpliance Tracking 55 Enforcement Reporting 55 Co nfidentiality 55 Progranl Revision 56ARTICLE I. GENERAL PROVI S IONS 1

- 101. Declaration of Policy

. The Southern Ute Indian TribcJState of Colorado Environmental Commiss ion finds and declares that 

### it is the policy of this Commission, in accordance with the charge given lhis Commission 

### by the Tribe and State in the Intergovernmental Agreement Bctween the SOl/them Ute Indiall Tribe and /he State of Colorado Concerning Air Quality CO/Jlral oil/he SOl/them Ute flldian Reservatioll

. (1) to protect and improve the air quality on the Reservation, for the benefit of the health and welfare of the residents of the Reservation and the Reservation environment , in a manner thai rcOccts the particular interests of the Tribe and other entitie s operating on the Reservation, yet remains compatible with State air quality goals; (2) to take into account, in the establishment of the Reservation Air Program, the specific enviromnental, economic, geographic and cultural needs of the Reservation; and (3) to establish a single comprehensi ve air quality program applicable to al l lands within the exterior boundaries of the Southern Ute Indian Reservation. 1

- 102. Authority. This Air Quality Code is adopted pursuant to the authority vested in the Southern Ute Indian Tribe/State of Colorado Environmental Commission by (I) the Intergovernmental Agreement Between the Southern Ute Indi an Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation dated December 13 , 1999 , (2) tribal law ( Resolution of the Council of the Southern Ute Indian Tribe # 00

-09), (3) State law (C.R.S. § 24

- 62-10 I), and (4) as recognized in federal law (Act of October 18 , 2004, Pub. 

### L. No. 108-336 , 118 Stat.l354). 1-103. Definitions. (I) "Acid rain source" means an afTected unit as defined in r egulations promulgated under title IV of the Clean Air Act, namely, a unit that is subject to acid rain emission reduction requirements under title IV of the C lean Ai r Act. (2) "'Actual emissions" means for purposes of calculating emissions fees pursuant to § 2-119 of this code, the amount of emissions, including fugitive emissions from a source that is calculated by using: (a) the actual rate of emissions in Tons Per Year (TPY) of any fee pollutant emitted from a title V source over the preccding calendar year or any other period determined by the Tribe to be more representative of nonnal operation and consistent with the fee schedule adopted by the Tribe and approved by the Administrator; and

### (b) the unit's actual operating hours , producti on rates, and in-place control equipment, types of materials processed, stored, or combustcd during the preceding calendar year or other period used for this calculation; and (e) shall not include emissions orany one ree pollutant in excess of four thousand (4,000) TPY, or any emissions that come from insignificant activities not required in a pennit application pursuant to § 

### 2-106(4) of this code. (3) "Ad ministrative permit revision " means a penn it revision that (a) corrects typographical errors; (b) requires more frequent monitoring or reporting by the pennitlee; (e) indicates a change in ownership or operational control of a source, provided that: (i) 

### a written agreement, containing a specific date for transfer of pennit responsibility, coverage, and liability between the current and new pennittec, has been submitted to the Tribe, and the Tribe has detcmlined that no other change in the pennit is necessary; (ii) the new owners have submitted the application information required in 

### § 2-106(4) of this code; (ii i) no grounds exist for pennit reopening, revocation and reissuance, or tennination, pursuant to § 

### 2-112 of this code; and (d) incorponlles into the pemlit the requirements from preconstruction review pennits issued pursuant to an EPA approved pre-construction pennitting program, provided that the issuance of such preconstruct ion review pennit(s) complies with the procedural and compliance requirements of this code; or (e) any other type of change which has been detennined by the Tribe and the Administrator to be similar to those in this definition. Administrative pennit amendments for purposes of the acid rain portion of the pennit shall be governed by regulations promulgated under title IV ofthe Act. (4) "Ad ministrator " means the Administrator of the United States Environmental Protection Agency (EPA) or his or her designee. (5) '"Affected program" means all tribal, state, and local air pollution control programs:



### 2(a) whose air quality may be affected and that are contiguous to the Reservation, or (b) that arc wilhilt50 miles of the pemlitted source. (6) "Aff ected sourc e" shall have the meaning given to it in the regulations promulgated under title IV of the Ac t (7) '''Ai r p ollutant" means any air pollution agent or comb ination of such agents including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduc t materia l ) substance or maHer which is emitted into or otherwise cntcrs the ambient air. Such tenn includes any precursors to the fomtation of any air po llutant to the extent the Administrator of EPA has identified such precursor or precursors for the particu l ar purpose for which the tenn "air pollutant"" is used

. (8) "Air pollutio n " means the presence in the ambient air of one or more air pollutants or combinations ther eof in sufficient quantiti es, which either alone or in connection with other substances, by reason of their concentration and duration, is or te nds to be injurious to human, pl ant or animal life, causes damage to property, unreasonably interferes with the comfortable enjoyment of life or property of a substantial part of a community, obscures visibility, or in any way degrades the quality of the ambient air. (9) "Air po llu tion contr o l equi pment " means any device, equipment, process or combination thereof, the operat i on of which would limit, capture, reduce , confine, or otherwise control regulated air pollutants, or convert for the purposes of control, any regulated air pollutant to another fonn, another chemical, or another physical slate. This includes, but is not limited to, su lfur recovery units, baghouses, precipitators, scrubbers, cyclones, water sprays, catalytic converters, flares, thennal oxidizers and steam or water injection. (to) "Alter native o perating scenari o (AOS)" means a scenario authorized in a part 70 pennit that involves a change at the part 70 source for a particular emissions unit , and that either results in the unit being subject to one or more applicable requirements which differ from those applicab le to the emissions un it prior to implementation of the change or rendcrs inappl i cable one or morc requirements previously applicable to the emissions unit prior to implementation of the change. (I I) "Applicab le r equireme nt" means all of the following as they apply to emissions units at a Part 70 source (including requi r ements that have been promulgated by EPA through rulemaking at the timc of penn it issuancc but that have future compliance dates): (a) 1\11 requirements of this code as they apply to emissions units at a source located within the Reservation boundaries. These include requirements that have



### 3been promulgated or approved by t he Commission through rulemaking at the time of permit issuance but that have future compliance dates; (b) Any standard or other requirement prov ided for in the applicable implcmentation plan approved or promulgated by EPA through rulcmaking undcr title I of the Act that implements the relevant requircments of the Act, including any revisions to that plan promulgated in 40 CFR Part 52; (c) Any term or condition of any preconstruetion permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including Parts C or D, of the Act; (d) Any standard or other requirement under Section III of the Act, including Section III(d); (e) Any standard or othcr rcquirement under Section 112 of the Act, including any rcquiremcnt concerning accident prevention under Section I 12(r)(7) of the Act; (f) Any standard or other requirement of the acid rain program under title IV of the Act or the regulati ons promulgated thereunder; (g) Any requirements established pursuant to Section 504(b) or Section 

### 114(.)(3) orthe Act; (h) Any standard or other requirement under section I26(a)(1 ) and (c) of the Act; (i) Any standard or other requirement governing solid waste incineration , under Section 129 of the Act; U) Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Act; (k) Any standard or other requirement for tank vessels under Section 183(1) of the Act; (I) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a title V permit; and (m) Any nat i onal ambient air quality standard or increment or visibility requirement under Part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(c) of the Act. (12) "Approved replicabl e methodolo gy (ARM )" means part 70 permit ternlS that:

4(a) Specify a protocol which is consistent with and implements an applicable requirement, or requirement of thi s code, such that the protocol is based on sound scientific and/or mathematical principles and provides reproducible results using the same inputs; and (b) Require the results of that protocol to be recorded and used for assuring comp liance wi th such appl i cab le r equirement, any other applicable requirement implicated by implementation of the ARM, or requirement of this code, including wher e an ARM is used for de tenninin g applicability o f a specific requirement to a part i cular change. (13) '''C1ea n Air Act" or "Act" means 42 U.S.C

. 

### § 740 I 

### et seq. , as amended. (14) "Code of Federal Regulations" or "CFR" means a codification of the general and pennanenl rules published in the Federal Register by the Executive departments and agencies of the Federal Government. (15) "Commission" means the Southern Ute Indian Tribe/State of Co l orado Environmental Commission

. (16) "Commence Operation" means, for a new source, when it conducts the activity that it wa s designed and pernlitled for (e.g. , producing cement or genemting electric ity)

. (17) "'Commission's Procedural Rules" means the Procedural Rules of the Southern Ute Indian Tribe/State of Colorado Environmental Commission. (18) "Compliance plan" means either a statement that the source will comply with all applicable requirements or, where applicable, a schedule and description of the method or methods fo r compliance and certificati on by the owner or operator that the source is in compliance with all applicable requirements. (19) "'Co nsumer Price Index" means for any calendar year, the average o f the Consumer Price Index for all-urban consumers, or such revision of the Consumer Price Index f or**all urban**  consumers , or such revisions of the Consumer Price Index that is most consistent with the Consumer Price Index for the most recent calendar year, as published by the U.S. Department of Labor as of the close of 12-month period ending on August 31 of each calendar year. (20) " Designated representMive" shall have the meaning g iven to it in section 402(26) of the Act and the regulations promulgated thereunder. (21 ) "' Deviation " means any situation in which an emiss i o ns unit fails to meet a pennit tenn or condition. A deviation is not always a vio lati on. A deviati on can be dctennined by observation or through review of data obtained from any testing, monitoring , or recordkceping established in accordance with 

### §**2~** 110(5) and (6) of this code. For a situation lasting more than 24 hours which cons titutes a deviation, each 24 hour period is


### 5considered a separate deviation. Included in the meaning of deviation arc any of the following: (a) A situation where emissions exceed an emission limitalion or standard; (b) A situation where process o r em issions control device parameter va lues indicate Ihat an emission li mitnlion or standard has nOI been met ; (c) A situati on in wh i ch observations or data collected demonstrates noncompl iance with an emissio n limitation o r standard or any work practice or operating conditio n required by the permit; (d) A situation in which an exceedance or an excursion, as defined in 40 CFR Part 64 occ urs . (22 )**'~ Drafl**  Permit " means a vers ion of an operating pennit th at the Tribe offers for public participation under 

### § 2-109 of thi s code and affected program review under 

### § 2- 108 of this code. (23) "E mergency" means for purposes of 40 CFR 

### § 70.6(g), any situation arising from sudden and unforeseeable events beyond the control of the permittee including acts of God, which situati on requires immediate corrective action to restore nonnal operation, and that causes the source to exceed a technology-based emission limitation under its pennit due to unavoidable increases in emissions attributable 1 0 the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance. careless or improper operation or operator error. (24) " Emiss ion limitation " and · ·c mi ss ioll standard" mcans a requirement established by the Co mmissi o n or the Administmtor which limits the quantity , mte, concentration, or the vis ible observations of em issio ns of air pollutants on a co ntinu ous basis , including any requirement relating to the operati on or maintenance of a source to assure cont inu ous emissi ons reduction , and any design, equipment, work practice o r operational standard promulgated under this code or the Clean Air Act. (25 ) "E mi ss ions allowable under Ihe permil " means: (a) any federally enforceable penn it tenn o r condition that establishes an emission limitation (including a work practice standard) detennined at issuance or renewal to be required by an applicable requirement; or (b) any federally cnforceable emissions cap that a source has assumed to avoid an applicable r equirement to whic h it otherwise would be subject. (26) " Emissions unit" means any part o r activity of a stationary source that emits or has the potential to cmit any regulatcd air po llutant o r any pollutant listed under section
6112(b) of the Clean Air Act, 42 U.S.C § 7412(b). This teon is not meant to alter or affect the definition of the tenn "unit" for purposes of title IV of the Act. (27) "E nvironmental Protection Agency" or " EPA" or "USEPA " means the United States Environmental Protection Agcncy

. (28) "Excess emiss ions " means emissions o f an air pollutant in excess of any applicable emission standard. (29) 04 Federally enforceable" mean s all limitations and conditio ns which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60

- 61, 40 CFR Part 63, requirements within an approved Southern Ute Tribal Implementation Plan, and any pennit requirements established pursuant to 40 CFR 

### § 52.21 or under regulat io ns approved pursuant to 40 CF R Part 51 , Subpart I, including 40 eFR §§ 50.165 and 51.166. (3 0) '"Fcc Pollutant" means any regulated air pollutant as defined in this section except: (a) carbon monoxide; (b) any pollutant that is a regulated air pollutant solely because it is a Class I o r II substance subject to a standard established by or promulgated under title VI o f the C lean Air Act; (c) any pollutant that is a regulated air pollutant so l ely because it is subject to a standard or regulation under § 112(r) of the Clean Air Act, 42 U.s.c. 

### § 74 I 2(r) ; o r (d) emissions from insignificant activities and insig nifi cant emissions nOI required 10 be listed or calc ulated in a pernlit ap pli cation pursuant to 

### § 2-106(4) or this code. (31) " Final pcrmit" means the version of an operating peonit issued by the Tribe that has met all requirements of this code. (3 2) ·'Fugitive emissions" means those emissions which could not reasonably pass through a stack, c himney. vent, or o ther functionally-equivalent opening. (33) "' Gcncra l permit" means a Part 70 pennit thal meets the requirements of §70.6(d). (34) 04 Hazardous air pollutant " mean s a federally listed hazardous air pollutant pursuant 10 Section 112 of the Clean Air Act. (3 5 ) " IGA or Intcrgovernmental Agrcement" means the Intergovernmental Agreement Between the Soulhern Ute Indian Tribe and the State o f Colorado Concerning

7Air Quality Contro l on the Southern Ute Indian Reservation. entered into by the Tribe and State on December 13. 1999. (36) "Insignificant activitics'" means any of the following types of activities: (a) Mobile sources; (b) Air conditioning units used for human comfort that arc not subject to appl i cable requirements under title IV of the Act and do not exhaust air pollutants into the ambient air from any manufacturing or other indu strial process; (c) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing or other industrial process; (d) Heating units used for human comfort that do not provide heat for any manufacturing or other industrial process; (e) Noncommercial food preparation; (I) Consumer use of office equipment and products: (g) Janitorial services and consumer use of janitorial products; and (h) Internal combustion engines used for landscaping purposes. (37) " Insignificant emissions'" means , for regulated air pollutants other than hazardous air pollutants , a potential to emit for any single emissions unit not exceeding 2 tons per year and, for hazardous air pollutants, a potential to emit for any sing le emissions unit not exceeding 1,000 pounds per year or the de minimis l evel established under § 112(g) of the Clean Air Act, whichever is less. (38) " Major sourcc'" means any stat i onary source or any group of stationary source s that is located on one or more contiguous or adjacent properties, and is under control of the same person (or persons under common contro l ) belonging to a sing le, major industrial grouping, and that is described in paragraphs a-c of this definition. For the purpose of this definition, a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent propertics belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987

. (a) A major source under 

### § 112(a)( I) of the Clean Air Act. 42 U.S.c. 

### § 7412(a)( 1), which is defined as: (i) for pollutants other than radionuclides, any stationary source or group of slationary sources locaH,:d within a contiguous area and under


### 8common control that emits o r has the potential to emit, in the aggregate, 10 TPY or more of anyone hazardous ai r pollutant, 25 TPY or more of any combination of hazardous air pollutants which have been listl-xi pursuant to 

### § 112(b) of the Clean Air Act, 42 U.S.C

. 

### § 7412(b), or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, hal.ardous emissions from any oil or gas exp l oration or production well (with its associated equipment) and hazardous emissions from any pipeline compressor or pump station shall not be aggregated w ith hazardous emissions from other similar units, whcthcr or not such units are in a cOnliguous area or under common control, to detennine whether such units or stations are major sources; (ii) for radionuclides, " major source" shall have the meaning specified by the Administrator by rule. (b) A major stational)' source of air pollutants as defined in § 302 of the Clean Air Act, 42 U.S.c. 

### § 7602 , that directly emits, or has the potential to emit, 100 TPY or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as dctennined by rule by the Administrator). The fugitive emissions ofa stationary source shall not be considered in detennming whether it is a major stationary source for the purposes of 3020> of the Clean Air Act, unlcss the sourcc belongs to one of the following categories of stationary sources: (i) coal cle,JI1ing plants (with thennal dryers); (ii) kraft pulp mills; (iii) portland ccmcnt plants; (iv) primary zinc smelters; (v) iroll and steel mills; (vi) primary aluminum orc reduction plants; (vii) primary copper smelters; (v iii) municipa l incinerators capable of charging mo r e than 250 tons of refuse per day; (ix) hydrofluoric, sulfuric, or nitric acid plants: (x) petroleum refineries; (xi) lime plants;
9

### (xii) phosphate rock processing plants; (xiii) coke oven batteries; (xiv) sulfur recovery plants; (xv) carbon black plants (furnace process); (xvi) primary lead smelters; (xvii) fuel conversion plants; (xvii i) sintering plants; (xix) secondary metal production plants; (xx) chemical process plants; (xxi) fossil-fucl boilers (or combination thereof) totaling more than 250 

### million British thennal units (MMBtu) per hour heat input ; (xxii) pctroleum stomge and transfer units with a total storage capacity exceeding 300,000 

### barrels; (xxiii) taconite are processing plants; (xxiv) glass fiber processing plants; (xxv) charcoal production plants; (xxvi) fossil fuel-fired steam el ectric plants of more than 250 

### MMBtu per hour heat input; (xxvii) any other stationary source category, which as of August 7, 1980 

### is being regulated under Section 111 or 112 ofthe Act. (c) A major stationary source as defined in Part 0 oftitle I of the Clean Air Act, including: (i) 

### for ozone nonattainment areas , sources with the potential to emit 

### 100 TPY or more of volatile organic compounds or nitrogen oxides in areas classified as "marginal" or "modcrate," 50 

### TPY or more in areas classified as "serious," 25 

### TPY or more in areas classified as "severe, " and 10 

### TPY or more in areas classified as "extreme"; provided that the references in this subsection to 100, 50 , 25 , 

### and 10 

### TPY of nitrogen oxides


### 10shall not apply with respect to any source for which the Administrator has made a finding, under §§ 182(f)( 1) or (2) of the Clean Air Act, 42 V.S.c. §§ 751Ia(f)(I)-(2), that requirements under § 182(f) of the Clean Air Act do not apply ; (ii) for ozonc transpo rt regions established pursuant to § 184 of the Clean Air Act, 42 V.S.C

. § 7511 c, sourccs with thc potential to emit 50 TPY or more of volatile organic compounds; (iii) for carbon monoxide nonatta inmcnt areas that arc classified as "serious , " and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 TPY or more of carbon monoxide; and (iv) for particulate matter**(PM~** I0) nonattainmcnl areas classified as '·serious," sources with the potential to emit 70 TPY or more of PM-l O. (39) '·M aintenance" means work that is done regularly to keep a machine , building, or piece of air pollution control equipment, process equipment, or process in good condition and working order for co ntinued operation. (40) '·Minor permit revision" means a permit revision that (a) docs not vio late any applicable requirement; (b) docs not involve sign ificant permit r evisions to existing monitoring, reporting , or rccordkeeping requirements in the pennit; (c) does not require or change a case-by-case determination of an emi ss ion limitation or other standard, or a**source~specifie** determination for temporary sources of ambient impacts, or a visibility or incremcnt analysis; (d) does not seck to CSl..:'1blish or changc a permit tcrm or condition for which there is no corresponding underlying applicable requirement and that the permittee has assumed to avoid an applicable requirement to which the source would othclWise be subject, including any fedcmlly enforccable emissions cap assumed to avoid classification as a modification under title I of the Clean Air Act and any altemativc em iss ions limit approved pursuant to rcgulations promulgated under § 112(i)(5) of the C lean Air Act, and 42 U.s.C. § 7412(i)(5) ; (e) is not a titlc 1 modification; (f) is not required t o be processed as a significant permit revision pursuant to §**2~** 111 (4) of this code; and

II(g) Notwithstanding the criteria listed in paragraphs (a)4(f) , a minor pennit re vis io n may include pemlit revisions involving the use of economic incentive s, markctablc pennits, emiss ions lrading, and other similar approaches to the extent that such minor penn it revision procedures arc provided in the implementation plans or in applicable requirements promulgated by the Administrator. (41) '''National ambient air quality sta ndard " or "NAAQS" mean s the ambient air pollutant concentration limits established by the Administrator pursuant to § 109 (42 U.S.c. § 7409) of the Clean Air Act. (42) " Operating permit " and " permit" (unless the context suggests otherwise) mean s any pennit or group of pennits covering a source that is iss ued , renewed , modified , o r revised pursuanl to this code, or any pennit issued , renewed , amended, revised to a Part 70 source pursuant to 40 CFR Part 70

. (43) "Owner or Operator " means any person who owns, leases , operates, controls, or supervises a stational)' source. (44) "Part 70 program" means a program approved by the Administrator under 40 C FR Part 70. (45) "Part 70 source" means all sources subject to 40 C FR Part 70. (46) "Permit program costs" means all reasonable direct and indirect costs related to developing and implementing the opemling pennit program estab li shed under this code, including , but not limited to , costs of the following activities: (a) preparing generally applicab le regulations or guidance regarding the pennit program or its implementation o r enforcement; (b) reviewing and acting on any application for a pennit issuance, revision, or renewal , including the devel opment of appli cab le requirement s as part of the processing of such applications; (c) general administrative costs ofnmning the operating penn it program , including the supporting and tracking of penn it applicati o ns , compliance certification, and related data enll)' ; (d) implementing and enforcing the terms o f any operating pennit, including adequate resources to detennine which sources arc subjcct to the program, but not including any court costs or other costs associated w ith a court enforcement actio n; (c) emissions and ambient monito rin g; (f) modeling, analyses, or demonstrations ; and


### 12

### (g) preparing inventories and tracking emissions. (47) " Pcrmit rcvision" means a revision to an opemting penni! that constitutes a sig nifi cant pennil revisi on, a minor pemlit revisi on, or an administrative pemlit revision, as defined in this code. (48) "Pcrmittee" means the owner, operator, or responsible official at a permitted source, as identified in any permit application or revision. (49) "Person" means any person, public or private corporation, company, partnership, firm, association or society of persons, tru st, estate, the United States, or a state and any political subdivision, program, or agency thereof, the Tribe and any department, division, program, enterprise, co mpany , or political subdivision thereof, and any other recognized legal entity. (50) "Portablc sourcc" (excludi ng non- road engines) means any stati onary source that is capable o f being transported and operated in more than one locati on. Examples include, but are not limited to, asphalt batch plants and aggregate crushers that commonly and by usual practice are moved from one site to another. A portable source must meet all the permitting requirements for stationary sources. A source will not be considered portable if it remains on one site for more than two years. (51 ) "Potcntial to cmit " means the maximum capacity ofa stationary source to emit any air pollutant undcr its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution contro l equipment and restrictions on hours of operati on or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federal1yenforceable. This term does not alter or affect the use of this tcon for any other purposes under thc Act, or the ternl "capacity factor" as used in title IV of thc Act or the regulations promulgated thereunder. (52) "Proposcd pcrmit" means the version of an operating permit that the Tribe proposes to issue and forwards to the Administrator for review in compliance with 

### § 2- 108 of this code. (53 ) "Public Law No. 108-336" or" P.L. 108

-336" means the Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (i.e., Act of October 18 , 2004, Pub. 

### L. No. 108-336, 118 Stal.1354), in which Congress provided forthe implementation and enforcement of air quality control programs under the Clean Air Act and other air quality programs developed in accordance with the IGA. (54) " Regulated air pollutant" means the following: (a) nitrogcn oxides or any volatile organic compounds;



### 13(b) any pollutant for which a national ambient air quality standard has been promulgated; (c) any pollutant that is subject to any standard promulgated under § 111 of the C1e.'1n Air Act, 42 U.S.c. § 7411 (d) any pollutant subject to any standard promulgated or any other requirements established under 

### § 112 oflhe Clean Air Act, 42 U.s.c. 

### § 7412, including but not limited to the following: (i) any pollutant for which the requirements of § 112(g)(2) of the Clean Air Act have been met, but only with respect to the individual source subject to a 

### § t 12(g)(2) requirement; (ii) any pollutant subject to requirements under 

### § 1120) of the Clean Air Act, provided that if the Administrator fails to promulgate a standard by the date established pursuant to § 112(e) of the Clean Air Act, any pollutant for which a subject sourcc would be major shall be considert..xi to be regulated on the date 18 months after the applicable date established pursuant to 

### § 112(e) of the Clean Air Act; and (iii) any regulated substance subject to requirements under 

### § 112(r) of the Clean Air Act. (e) any Class I or II substance subject to any standard promulgated under or established by title VI of the Clean Air Act. (55) "Renewal " means the process by which an operating permit is reissued at the end of its tCnTI. (56) "Reservation " means the Southern Ute Indian Reservation. (57) "Responsible official" means one of the following: (a) for a corpordtion: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal bus iness function , or any other person who perfonns similar policy or decisionMmaking functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operati on of one or more manufacturing , production , or operating facilities applying lor or subject to an operating pennit and either: (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (i n second quarter 1980 dollars), or

14(ii) the delegation of authority to such representative is approved in advance by the Tribe. (b) for a partnership or sole proprietorship: a general partner or the proprietor, respectively. (c) for a Federal , Tribal , Slate, Municipal, or other Public Agency: a principal executive officer or ranking elccted ollieial. For the purposes of lhis code, a principal executive officer of a federal agency includes the chief execurive officer having respons ibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. Environmental Protection Agency). (d) for an acid rain source: the designated representative (as defined in § 402(26) of the Clean Air Act, 42 U.S.c. 

### § 765 I a(26», and in so far as actions, standards, requirements, or prohibitions under title IV of the Clean Air Act or the regulations promulgated thereunder are concerned, and for any other purposes under 40 CFR Parts 70 and 71. (58) "Schedule of compliance" means a schedu le of remedial mea sures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation or emission prohibition. (59) "Section 502(b)(lO) changes" mean s changes that contravene an express permit term but that are authorized under 

### § S02(b)(l0) of the Clean Air Act, 42 U.S.C

. 

### § 766Ia(b )(IO). Such changes do not include changes that would violate applicable requirements or contravene operating pemlit terms and conditions that are: monitoring (including test methods), recordkeeping, reporting , or compliance certification requirements. (60) "Shutdown" means the cessation of operation of any air pollution contro l equip ment. process equipmc nt , o r process, for any pU'llose. (61) "Significant permit revision" means: (a) any revision to an operating permit that does not meet the definitions for an administrative permit revision or a minor permit rcvisi on ; (b) any revision that would result in any significant change to existing monitoring pennit terms or conditions and any relaxation to existing recordkeeping , or penn it reporting terms or conditions; (c) any revision for which action on the application would, in the judgment of the Tribe, require decisions to be made o n significant or complex issues;

15(d) any revision that would be required irthe existing operating permit speci fically prohibits the proposed change; and (e) changes in ownership that do no t meet the criteria for sec tion (d) of the definition ofan administrati ve permit revision

. (62) 'l.S imilar so urces" means sources that are generally similar in term s of operations. processes, and emissions, subject to the same o r substantially similar requirements, and not subjcct to casc-by

-case standards or requirements

. (63 ) 'l.Startup " means the setting into operatio n of any air polluti on control equipment. process equipment, o r process, for any purpose . (64) "'Statio naf') ' Source" or "'Source" means any building. structure. facil ity. or installation that emi ts o r may em it any regulated air pollutant o r any pollutant listed under section 112(b) of the Act except those emissions resulting directly from an internal co mbustio n engine for transportatio n purposes or from a nonroad engine or nonroad vehicle as defined in 

### § 216 of the Clean Air Act. (65) 'l.S ubject to regu la tion" means, for any ai r po llutant, that the pollutant is subject to either a provision in the Clean Air Act , o r a nationally-applicable regulation codi fied by the Administrato r in subchapter C of chapter I of Code of Federal Regulati ons Title 40 (i.e. , 40 C.F. R

. Part 70), that requires actual contro l of the quantity of emissions of that pollu t ant , and that suc h a contro l requireme nt has t akcn e ffect and is opcrative to co ntro l, limit or re strict the quantity o f emissi o ns o f that po llutant relea sed from the regulated activity

. Except that: (a) Greenhouse gases (GHGs), the air pollutant dcfined in 40 C. F

. R. § 86. 18 1 8

- 12(a) as the aggregate group of six greenhou se gases: carbo n dioxide , nitro us oxidc , methanc , hydrof1uorocarbol1 s, pernuorocarbolls, and s ul f ur hcxafluoridc , shall not be subj cc t to regulation unless , as of Jul y 1 , 20 II , the G HG cmissions arc at a stati onary so urce emitting o r having the potential to cmit 100,000 tpy CO 2 equi valent emission s. (b) The teml tpy CO C02 equivalent emissi01ls (C02 e) s ha ll rcp resent an amo unt of GHGs emitted , and shall be co mputed by multiplying the mass amoun! of emi ssions (tpy), for eac h of the s i x g r eenh ouse gases in the po llutant GHG s , by the gas's associated global wanning potential publi shed at Table A

- I to subpart A of part 98 o f chapter I of Code o f Federal Regulations T itle 40 (i.e., 40 C.F.R

. 98 (Tab l e A-I» -G l obal Wanning Po tential s. and summing the resultant valu e for eac h t o compute a tpy COz c. (66) 'l.Temporary source" (excluding non-road engines) means any source that is situated in o ne locatio n for less than o ne year, after wh i ch it will be di smantled and removed from the site. Any temporary source located at one locatio n for l o nger than one

1 6year will be deemed a stationary sour ce and must meet the requirements for stationary source pcnnilting in this code. (67) "Trib e" means the Southern Ute Indian Tribe, which is the pennitting authority. (68) "U nit" means a fossil fuel-fired combustion device, for purposes of title IV of the Act. (69) "Volat ilc Org a nic Co mpou nd s" means the same as that tenn is defined by the Admini s trator at 40 CFR Part 51. 1

- 104

. Ad ministration. Pursuant to the authorities cited above, the Southern Ute Indian Tribe is respo nsible for the administration, implementation and enfor cement oflhis code, subject to thc Commission's review of appealable administrative actions by the Tribe. I

- lOS. Enfo r cc mcnt. In accordance with the IGA and Public Law No. 108-336 , the Tribe and Commission shall enforce compliance with this Code including, if necessary, through a civil action for declaratory or injunctive relief, or fo r other orders in aid of enforcement, in the United States District Court for the District ofColoracto. Appealable administrative actions taken by the Tribe shall be subject to review in accordance with the adjudicatory procedures contained in the Co mmission's Procedural Rules. 1

- 106. Sever ability and Preservat ion of Ri g hts, (I) Severability. Ifany provision of th is code, orthe application of any provision of this code to any person or circumstance, is held invalid, the remainder of Ihis code and the application of such provision to other persons or circumstances shall remain unaffected. (2) Prcservation of rights. It is the purpose of this code to provide additional and cumulative remedies to prevent, abate and control air pollution on the Southern Ute Indian Reservation. Nothing contained in this code shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law , nor shall any provisions of th is part or any act done by virtue thereof be construed as preventing the Tribe, Commission, or individuals from the exercise of their rights under the common law or statutory law to suppress nuisances or to abate pollution, provided however, no action shall be inconsistent with the CAA and this code. ARTICLE II

. AI R QUALITY CONTROL PROGRAMS PA RT I. 2-101. Program Overview, TIT LE V OP ERATIN G PE RMIT PRO GRAM

17The purpose of this pan is to establish an air quality pennitting program consistent with the r equirements of title V of the C lean Air Act (42 U.s.c. 7661-7661 f et, seq.), its implementing regulat ions at 40 CF R Part 70, and regulations applicable to treatment of Indian Tribes in the same manner as States for purposes of tribal administration of Clean Air Act programs (40 CFR Part 49). 

### 2-102. Effective Date. This title V Opcrating Pemlit Program shall become efTective upon the date of the approval by the Administrator of the Tribe's application for treatment as a state and Part 70 program approval. 

### 2

- 103. Permit Program Definitions

. Except as specifically provided in this section, tenns used in this part retain the meaning accorded them under the applicable requirements of tile Clean Air Act (42 U.S.c. § 7401 ef seq.) and its implementing regulations. 

### 2-104. Applicability. (I) Permit Required. Except as provided in subsection 2 below , the following facilities are required to obtain an op erating pennit under this section: (a) Any major source; (b) Any source, including an area source, subject to a standurd, limitation , or o ther requirement under Section III of the Clean Air Act, except all sources and source categories that would be required to obtain a permit solely because they arc subject to Part 60, subpart AAA

- Standards of Performance for New Residential Wood Heaters; and all sources and source categories that wo uld be required to obtain a permit solely because they are subject to Pan 61, subpart M

- National Emission Standards for Hazardous Air P ollutants for asbestos, 

### § 61 .145 , Standard for Demolition and Renovation; (c) Facilities with a source subject to 40 CFR Purt 63 or any other standard or other requirement under Section 112 of the Federal Clean Air Act, except that a source is not required to obtain a pennit solely because it is subject to rules or requirements under Section 112(r) of the Clean Air Act; (d) Any acid rain source; or (e) Facilities in a source category designated by EPA as subject to the requirements of40 CFR Pan 70. 

### (2) Exem ptions.

18(a) The following sources ar e exempted from the requirement to obtain an operating permit: (i) All sources listed in th is code thal ar e not major sources, ac i d rain sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Clean Air Act , may be exempted by the Tribe from the obligation to obtain a Part 70 permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in paragmph (I)(b) of this section. (ii) In the case of nonmajor sources subject to a standard or othcr requirement under either Section III or Section 112 of the Clean Air Act after July 2 1, 1992 pub li cation, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a Part 70 permit at the time that the new standard is promulgated. (b) No Part 70 source may operate after the effective date of this code without a valid permit issued under this code unless: (i) The Part 70 source is in compliance with an unexpired operating permit issued by the Administrator under 40 CFR Part 71 ; or (ii) The Part 70 source has submitted a timely and complete application for permit issuance or renewal consistent with 

### § 2·106 of this code; or (iii) The Tribe fails to issue or disapprove a renewal application before the end of the prior permit term , in which case , that permit shalJ not expire and all its terms and conditions shall remain in effect until the renewal application has been issued or disapproved. (3) C ease of Oper at io n s . The ability to operate under this section shaH cease if (I) the Tribe takes final ac tion to deny the applicant a permit or (2) the applicant fails to submit by the deadline specified in writing by the Tribe any additional information identified as being needed to process the application. 2-1 05

. Certification

. Any application, form, report, compliance certification, or other document submitted by the applicant or permittee pursuant to this code shall contain a certificat i on by a responsible official of truth , accuracy, and complcteness. This certification and any other certification required under this code shall state that. based on information and belief fOroled after reasonable inquiry , the statements and information in the document are true, accunHC, and complcte

. 19

### 2

- 106, Permit App licati ons. (I) 

### Duty to Ap ply. For each Part 70 source , the owner or operator shall subm it to the Tribe a timely and complet e written pennit application in accordance with this code. (2) Timely App licatio n. Consistent with 40 CFR 70.5(a}( I}, 

### a timely application for a source applying for an operating permit is: (a) For Part 70 sources that co mmence operation after Part 70 program approval by USEPA Region VIII , one that is sub mitted within one year after the source commences operation as a Part 70 source; (b) 

### For renewal applications, one that is subm illed atleasl6 months bUI not more than 18 monlhs before the date of pennit expiration; (c) For a source subject to the requirements of 

### § 112(g) of the Clean Air Act or required to have a pertnit under the preconstruetion review program under Part Cor D of title 

### I of the Act after Part 70 program approval by USEPA Region VIII, one that is submitted within one year of commcncing operation. Where an existing part 70 pemlit would prohibit such construction or c hang e in operati on, the source must obta in a pennit revision before commencing operation; (d) For a Part 70 source that is in operation on or before Part 70 program approva l by USE PA Region 

### VIII and does not have a Part 71 permit , onc that is submitted within one year after such program approval in accordance with the schedule set forth in Tribe ' s Transition Plan ; (e) For a source that has an existing Part 71 permit at the time of Part 70 program approval by USEPA Region VIII , within 4 , 8, or 12 months as specifica lly designatcd per source in the Tribe's approved transition plan, nOlice of which transition plan will be pro vided by the Tribe to such sources. (3) Co mplete Application, (a) To be determined comp lete, an application mu st provide all infonnation required pursuant to thi s code, except that an application for permit revis i on need supp ly only such infonnation as is related to the proposed chan ge. (b) A source' s ab ility to operate without a pennit pursuant lO this code shall be in effect from the date a timely application is submitted until final action is taken on the appl i cation, pro vided that the application is det ermined to be co mplete under this code and the app licant adequately subm its any requested additional informalion by deadl ines specified by the Tribe. (c) The submittal of a complete application shall not affect thc requirement that any so urce have a preconstruct ion pennit under title I 

### of lhe Act.


### 20(4) Application Content. All applications shall be made on standard forms provided by the Tribe, and shall include the following information: (a) The date of the application; (b) The applicant's namc and address (and, ifdifTercnt, plant namc and address); the names and addresses ofthc owner(s), the responsible official(s), and the operator(s) of the source; any subsidiaries or parent companies; the company's state of incorporation or principal registration to do business; and the names and telephone numbers of the owners' agent(s) and the plant site manager / contact; (c) The exact location of the source identified by latitude and longitude, or by UTM coordinates, and legal description that includes Township

- Section

- Range and is shown on a map, such as the 7.5 minute Topographic Quadranglc map published by the United States Geological Surveyor the most detailed map available; (d) A description ofthc sourcc's processes and products (by Standard Industrial Classification Code), including any associated with alternative scenarios identified by the applicant; (e) The following emissions-related information, including all calculations and computations on which such information is based: (i) All emissions of regulated air pollutants for which the source is major and all emissions of regulatcd air pollutants, including fugitive emissions for the source and for each emissions unit; (ii) A process flow sheet of all components of the facility that would be involvcd in routine operations and emissions; (iii) Idcl1lification and description of all emissions points in sufficient detail to establish the basis for lees and applicability ofrcquiremcllts of this code; (iv) Emissions mtes in tons per year (TPY)and in such terms as arc necessary to establish compliance consistent with the applicable standard reference tcst method. For emissions units subjcct to an annual emissions cap, TPY can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to dctcnninc and/or assure compliance with an applicable requirement;



### 21

### (v) Specific information such as that regarding fuels , fuel use , raw materials , or production rates , to the extent needed to detennine or regulate emissions; (vi) Identification and full description of all air pollution control equipment and compliance monitoring devices or activities ; (vii) The maximum and standard operating schedules of the source, and any work practice standards or limitations on source operation which affect emissions of regulated air pollutants; (viii) An operational plan defining the measures to be taken to mitigate source emissions during startups , maintenance, shutdowns, and emergenclcs; (ix) Other relevant information as the Tribe may reasonably require or which are rcquired by any applicable requirements ; (x) Additional information related to the emissions of air pollutants to verify which requirements arc applicable to the source; and (xi) For each reasonably anticipated alternative operati ng scenario identified by the applicant, all ofthe information required in paragraphs (i) through (x) above, as well as additional information determined to be necessary by the Tribe to define such alternative operating scenarios identified by the source pursuant to this code; (f) 

### For insignificant activities which are exempted because of size or production rate, a list of insignificant activities at the source and any information necessary to determine applicab l e air pollution control requirements and, for insignificant emissions, a listing of such emissions in sufficient detail to identify the emission unit and indicate that the exemption applies. Similar cmission units, including similar capacities or sizes, may be listed under a single description. No additional information is required at the time of application, but the Tribe may request additional information during application processing; (g) The following infornlation concerning applicable air pollution control requirements: (i) Citation and description of all applicable requirements, (ii) Description of or reference to any applicable test method for detennining compliance with each applicable requirement, and (h) Explanation of any proposed exemptions from otherwise applicable requirements.


### 22(i) Other specific information that may be necessa ry to implement and enforce other applicable requirements of this code or the Clean Air Ac t or to determine the applicability of such r equirements , including inf ormati on necessary to collect any fees owed under this code; U) Additional informati o n as dete rmined to be necessary by the Tribe to define proposed AOSs identified by the source pursuant to 

### § 2-110(8)(b) of this code or to define permit terms and cond itions implementing any AOS under 

### § 2- 110(8)(b) or implementing § 2-116 or § 2-110(8)(e) of this code. The pennit application shall include documentation demonstrnting that the source has obtained all authorization(s) required under the applicable requirements relevant to any proposed AOSs, or a certification that the source has submitted all relevant materials to the appropriatc permitting authority for obtaining such authorization(s); (k) Compl iance certificati on by a responsible official consistent with this code including: (i) A certification of the source's compliance status for each applicable rcquircment; (i i) A statement of methods used for determining compliance, including a description of monitoring , recordkceping, and reporting requirements and tcs t methods; (iii) A schedule l o r submission of compliance certifi catio ns during the permit tenn, to be submitted no less frequently than annually; and (iv) A statement indicating the source's compliance status with any applicable monitoring and compliance certification requirements of the Clean Air Act; (I) A compliance plan and schedule that contain: (i) A description of the compliance status of the source with respect to all applicable requirements ; (ii) For applicable requirements with which the source is in compliance, a statement that the source will continue to co mply with such requirements , and for requirements for which the source is not in compliance at the time of pemlit issuance, a narrative description of how the source will achieve compliance with such requirements:



### 23(iii) For applicable requirements that will become effective during the pemlit tenn , a stateme nt that the source will me et such requiremcnts on a timely basis; (iv) A comp liance sc hedul e for sources that are not in co mpliance with all applicable requirements at the time ofpenn it issuance, including a r emedial measur es schedule, with an enforceable sequence o f actions with milestones, leading to compliance with such applicable requ irements, provided that the co mpliance schedule shall be at l east as stringent as that co ntained in any co nsent decree o r administrati ve order to which the source is subj ect, and the obligations of any consent decree or administrative o rder shall not be in any way diminished by the co mpliance schedule, and that any such co mpliance schedule shall be supplemental to, and shall not sanctio n noncompliance with, the app li cable requirements on whic h it is based ; and (v) A schedule for sub mi ss i on of certi fied progress reports no less f requentl y than every 6 month s for sources required to have a schedule of co mpliance to r emedy a vio latio n. (vi) The compliance plan co ntent r equirements specified in th is paragraph shall apply and be included in the ac id rain portion of a compliance plan lor an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedu l e and mcthod(s) the source will use to achieve co mpliance with the ac id rain emi ssions limitations. (vii) For applicable requirements that will become efTective upon implementation o f an AOS, a statement that the source will meet such r equirements upon implementation of an ADS. (5) Duty to Supplement and Co rrect. Any appli canl who fails 1 0 submit any relevant facts o r who has s ubmitted incorrect information in a permit application or in a supp l emental submittal shall, upon becoming aware of s uch fai lure or incorrec t sub mittal , promptly submit such s upplementary facts or corrected information. In addition, an applicant shall provide further inf orma ti on as necessary to address any requirements that become app licable to the so urce after the date it fil ed a complete application but pri or to release of a draft pennit. 2-107. Action on Permit Applications (I) Co mpletencss Determinations. (a) The Tribe shall de term ine whether an application fo r a permit , s ignificant revi sion , o r renewal , or a submiss i o n of additional inf ormation in response to a notification of incompleteness, is complete under 

### § 2-1 06 of this code withi n 60


### 2

4days of receipt of the application. If the Tribe has requested additional infonnation needed for a comp leteness detennination, the deadline for making that detennination shall be no later then 60 days after receipt of the infonnation. The Tribe shall promptly notify the applicant of that detennination by certified mail, provided that any incompleteness notice shall also state what additional infonnation or points of clarification are necessary for the application to be determined complete. (b) Unless the Tribe requests additional infonnation or otherwise notifies the appl i cant of incompletene ss withjn 60 days of receipt of an application or requested infonnation, the application shall be deemed complete. (c) II: while processing an application, the Tribe determines that additional information is necessary to evaluate or take final action on that application, the Tribe may request such infonnation in writing and set a reasonable deadline for a response. (2) Federal Review. The Tribe shall submit a copy of the permit application, draft permit, statement of basis, and final permit to the Administrator for review. (3) Statement of Basis. The Tribe shall prepare a statement of basis for every draft permi t subject to this section. The statemcnt of basis shall briefly describe the legal and factual basis for the draft pennit conditions (including references to the applicable statutory or regulatory provisions) or, in the case of notices of intent to deny or terminate, reasons supporting thc initial decision. The statement of basis shall be sent to the applicant, Administrator, and to any other person who requests it. (4) Final Action. The Tribe shall take final action on all pernlit applications for initial permits, permit revisions o r renewals within 18 months after an application is determincd or deemed to be complete, except that: (a) For existing Part 70 sourccs at thc time of Part 70 program approval by USEPA Region VlIl, the Tribe shall take final action in accordance with the Tribc's transition plan for Part 70 pennit issuance;

(b) For applications for penllits authorizing early reductions and/or alternative emiss ions limitations consistent with § I 12(i)(5) of the Clean Air Act, 42 U.S.C. § 74 I 2(i)(5), the Tribe shall take final action on applications within 9 months of receipt of the complete application; (e) For administrative permit revisions and minor permit revisions, the Tribe shall take final action within 60 days upon receipt of thc complete revision request including any supp l emental infonnation requested by the Tribe.

25

### (5) Issuance. A permit, permit revision, or permit renewal shall only be issued if all of the following conditions have been met: (a) The Tribe has received a complete application; (b) Except for administrative permit revisions, the Tribe has complied with the requirements for notifying and responding to alTected programs under 

### § 2- t 

### 08 of this code; (c) Except for administrative and minor permit revisions, the Tribe has complied with the requirements for public parti cipation procedures under 

### § 2-109 of this code; (d) The conditions of the permit provide for compliance with all applicable requirements including the requiremenls of this code; and (e) Thc Administrator has received a copy of the proposed permit and any notices required under this code, and has not objected to issuance of the permit within the time period allowed. (6) Decision and Notificatio n . (a) The Tribe shall grant or disapprove the permit, permit revision, or permit renewal, bascd on information contained in the Tribc·s administrativc record. (b) The administrative record for any final pennit shall consist of: (i) All comments received during any public comment period, including any extension or reopening; (ii) The tape or transcript of any hearing(s) held; (iii) Any wrinen material submitted at such a hearing; (iv) The response to comments and any new materials placed in the record; (v) Other documents contained in the supporting file for the permit; (vi) The final permit; (vii) The application and any supporting data fhmished by the applicant; (viii) The draft permit or notice of intent to deny the application or to terminatc the pcrmit;

26(ix) The statement ofbasis for the draft permit; (x) All documents cited in the statement of basis; (x i) Other documents conta ined in the supporting file for the draft pemlit. (c) The additional documents required under paragraph (b) of this sect i on should be added to the record as soon as possible after their receipt or publication by the Tribe. The record shall be complcte on the date the final permit is issued. (d) Material readily available at the Tribe, or published materials which are generally available and whi ch are included in the admini strative record under thc standards of 

### § 2· 109(6) of this code need not be physically included in the same file as the rest of tile record as l o ng as it is specifically ref erred to in the statement of basis or in the response to comments. (e) (fthe Tribe disapproves a pemli t, permit revision , or permit renewal, the Tribe shall notify the applicant by certified mail of the action taken and the reasons therefor. Ifthe Tribe grants a pcnnit, pennit revision , or permit renewal , the Tribe shall mail the permit, permit revision, or permit renewal, including all terms and conditions, to the applicant by certified mail. (7) Renewal and Expiration. (a) Permits being renewed are subject to the same procedures, including those for public participation and affected program and EPA r eview, as those that apply to initial permit issuance

. (b) Pennit cxpiration tcrminates the source's right to operate unless a timel y and complete r enewal application has been subm itted cons istent with § 2- 104(2)(b) and 

### § 2-106 of this code. (c) If the Tribe fails to act in a timely way on a permit renewal, EPA may invoke its authority under section 505(e) o f the Act to terminate or revoke and reissue the pennit. (8) Nonaction. No pennit, revision, or renewal shall be issued by failure of the Tribe to act on an application. (9) Prioritization of Certain Applications. Where reasonably possible, tile Tribe shall give priority to taking action on applications for construction or modification under title I, parts C and 0 of the Act.



### 27

### 2

- 108. Rcvicw by the Administrator and Affcctcd Programs. (I) 

### Applic ability. The Tribe shall not issue any rinal operating pennit, revision, or renewal for any sourcc until the Administrator and affected programs have had an opportunity to review the proposed pennit as required under this section. Penn its for source categories waived by the Administrator from this requirement and any pennit terms or conditions which are not required under the C lean Air Act or under any of its applicable requirements are not subject to Administrator review or approval. (2) 

### Transminal

. (a) Within 5 days after an application has been deemed complete , the Tribe shall transmit a copy of the complete permit application (including the compliance plan and all additional materials submitted by the applicant) directly to the Administrator. To the extent practicable, the preceding infomlation shall be provided in a computer readable fonnat compatible with the Administrator's national database management system. The Tribe shall also provide to the Administrator a copy of each draft pennit, each statement of basis. each proposed penn il , each final operating permit, and any other relevant information requested by the Administrator. (b) The Tribe shall provide notice of each draft and proposed pennit transmitted to the Administrator under this section to every affected program on or before the time that the Tribe provides such notice to the public under 

### § 2·109 of this code , except to the extent that minor pcnnit revision procedures authorize different notice procedures. (c) The Tribe, as part orthe submittal of a proposed permit to the Administrator (or as soon as possible after the submittal for minor pcrmit revision procedures under 

### § 2-111(3) of this code), shall notify the Administrator and any affected program in writing of any refusal by the Tribe to accept all recommendations for the proposed permit that the affectcd program submittcd during the public or affected program review period. The notice shall include the Tribe's reasons for not accepting any such recommendation. The Tribe is not required to accept recommendations that are not based on federally enforceable applicable requirements or this code. (d) The Tribe shall keep for 5 years such r ecords and submit to the Admin istrator such infonnation as the Administrator may reasonably require to ascertain whether this program complies with the requirements of the Clean Air Act, 40 CFR Part 70, or related applicable requirements. (3) Responses to Objections

. (a) No permit for which an application must be transmitted to the Administrator under this section shall be issued by the Tribe if the Administrator


### 28determines that issuance of the proposed pennit would not be in compliance with applicable requirements, including this code, and so objccts to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information. (b) Any EPA objection under paragraph (a) of this section shall include a statement of the Administrator's reasons for objection and a description of the terms and cond iti o ns that the penn it must include to respond to the objecti ons. The Administrator will provide the permit applicant a copy of the objection. (c) Failure of the Tribe to do any of the following also shall constitutc grounds for an objection: (i) Comply with 

### § 2-108 (2)(a) or (b); (ii) Submit any infonnation necessary to review adequatcly the proposed permit; or (iii) Process the pennit under the procedures of 

### § 2-109 of lhis code except for minor permil modifications (i.e., the procedures approved to meet 40 CFR Part 70.7(h)). (d) Unless the following requirements arc waived by the Administrator pursuant to § 505(d) of the Clean Air Act, 42 U.S.C. § 766Id(d): (i) the Tribe shall respond in writing to any objection by the Administrator to the issuance ofa pennit, pursuant to § 505(b) of the Clean Air Act, 42 U.S.C. § 7661d(b), and this code; (ii) upon receipt of an objection by the Administrator under 

### § 505(b) of the Clean Air Act, 42 U.S.c. § 7661d(b), the Tribe may not issue the penn it unless it is r evised and issued in accordance with subsection (4) of this section; and (iii) if the Tribe has issued a pennit before receipt of all objection by the Administrator under § 505(b)(2) of the Clean Air Act, 42 U.S.c. § 7661 d(b)(2), the Tribe may issue a revised pennit in accordance with subsection (4) of this section. (4) Issuance or Denial. (a) The Tribe shall, within 90 days after the date of an objection under § 505(b) of the Clean Air Act, 42 U.S.c. § 766Id(b), submit to the Administrator a proposed permit revised 10 meet the objection. The Tribe may request a 90-day extension for this subm ittal , in accordance with 

### § 505(c) of the Clean Air Act, 42 U.S.C. 

### § 766Id(e). 

### 29(b) If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to § 2-112 of this code, the Adm ini strator will notify the Tribe and the permittee of such finding in writing. (c) lfthe Administrator notifies the Tribe that cause exists to terminate, modify , or revoke and reissue a permit, the Tribe forward to the Administrator a proposed detennination of termination, modification, or revocation and reissuance, as appropriate, within 90 days after receipt of such notification, the Administrator will issue or deny the permit in accordance with the requirements of the Federal program promulgated under title V of the Act. (d) If the Tribe fails to subm it a proposed determination pursuant to paragraph (c) of this section or fails to resolve any objection pursuant to paragraph (a) of this section, the Administrator will tenninate, m odify, or revoke and reissue lhe pennit after taking lhe following actions: (i) P roviding at least 30 days' notice to the permittee in writing of the reasons for any such action. This notice may be given during the procedurcs in paragraphs (a) through (c) of this section. (il) Providing thc permittee an opportun ity for comment on lhe Adm inistrator's proposcd action and an opportunity for a hearing. 2-109

. Public Notice and Participation. (I) App li cability. Proceedings for all initial permit issuances , significant perm it revisions , rencwals , reopenings, rcvocati o ns, and terminations , shall inc lude public notice and provide an opportunity f or public co mment. The Tribe may hold a public hearing for draft permits, proposals to suspend, reopen, revoke , or terminate a pcrm it , or for any reason the Tribe deems appropriate, and shall hold such a hearing in the event of significant public interest. (2) Tim ing. The Tribe shall provide 30 days for public comment and shall givc notice of any public hearing ilt leasl 30 days in advance of the hearing. (3) Scope and Co ntent of Notice. Public notice, whether for comment or hearing shall be given by publication in a newspaper of general circu l ation in the areil where the source is located (e .g ., the Southern Ute Tribal Drum , the Durang o Herald, the Pine Ri ver Times , the Pagosa Sun, the Farmington Dai l y Times, or the Cortez Sentinel) or in a state publication designed to give general public notice, to persons on a mailing list developed by the Tribe, including those who request in writing to be on the list, and by olher means if necessary to assure adequate notice to the affected publ i c. The notice shall identify the affected facility; the name and address o f the permittee; the name and address of the Tribc's Air Quality Program; the activity or activities involved in the permit action; the emissions change inv o lved in any permit revision; the name, address, and tclephone number of a perso n from whom interested persons may ob tain additional information , 

### 30includ ing copies of the draft permil, the application, and relevant supporting materials; a brief description of the comment procedures required by th is part; and as appropriate the time and place of any hearing that may be held , including a statement ofprocedures to request a hearing (unless a hearing has already been scheduled). Additionally, the Tribe shall provide such notice and opportunity for participation by afTectcd programs as is provided for in § 2-1 08 of this code. (4) Hearings. Public hearings shall be held on the Reservatio n. The time, date, and place of the hearing shall be determined by the Tribe. The Tribe shall appoint a hearing officer. A lransc ript of the hearing shall be made upon requesl at the expense of the person requesting the transcript. At the hearing , all interested persons shall be given a rea sonab le chance to submit data, views or arguments ora lly or in writing and to examine witnesses testifying at the hearing. (5 ) Recordkeeping. The Tribe shall keep a record of eommenters involved and issues raised during the public participation process and any o ther information requested by the Administrator so that the Administrator may fulfill hi s or her obligalion under 

### § 505(b)(2) of the Clean Air Act, 42 U.S.C. § 766Id(b)(2), to determine whether a cilizen petit i on may be granted. Such records sha ll be available to the public upon request. (6) Response to Co mments. (a) Al the time any final permit decision is issued, the Tribe shall issue a response to public co mments. (b) Any documents cited in the response to comments shall be included in the administrative record for the final permit decision. lfncw points are raised or new material is suppl ied during the public comment period, the Tribe may document the response to those matters by adding new materials to the administrative record. (c) The Tribe shall notify in writing any affected program of any refusal to accept recommendations for the permit that the affected program submitted during the public comment and affected program review periods. (7) Public Petitions to the Admini strator. (a) 1fthe Admi nistrato r does not object in writing under § 2-108(3) of this code, any person may petition the Administrator within 60 days after expiration of the Admin istrator's 45-day re view period to make such objeclion. (b) Any such petiti o n shall be based only on objecli ons lo the pemlit thal were raised with reasonable specificity during the public comment periods provided lor above, unless the pc titi o ner demonstrates that it was impracticable to raise such objecti ons within such periods, or unless the grounds for such objecti o n arose after such periods.


### 31(c) If the Administrator objects to a pcnnit as a result ofa petition filed under this subsection, the Tribe shall not issue the pcnnit until the Administrator's objection has been resolved, cxccpt that a petition for review does not stay the cffcctivcness of a pcnnit or its requ irements if the pennit was issucd after the end of the 45-day review period and before the Administrator's objection. (d) Pending resolution of any public petition to the Administrator under this subsec tion , the relevant source will not be in violation of the requirement to sub mit a timely and complete application. (8) Administrative Review. An applicanl, any person who participated in thc public comment process and is aggrieved by a final action or inaction of the Tribe under this code, and any other person who could obta in judicial revi ew of that action under applicable law , may appeal to the Co mmission in accordance wilh this code and the Commission's Procedural Rules. Solely for the purpose of obtaining administrativc review beforc the Comm iss ion for failure to take final action, final pennit action s hall include the failure of the Tribe to take linal action on an application for a pemlit, permit renewal, or permit rcvision (including a minor permit revision) within the time spec ified in this code. The opportunity for administrative rcvicw describcd in this sec tion s hall be the exclusive means for obtaining review of the tenus and conditions of pennits. Petiti ons for administrative re vie w must be filed no later than 60 day s after the final pennit action. Notwithstanding the preceding requirement, petitions for administrative review of final penn it actions can bc filed aftcr the dcadlinc designated by thc Commission, only if thcy arc based so lely on grounds arising after the deadlinc for administrative review

. Such petiti ons shall be filed no later than 60 days after the new grounds for review ari se. If the final pennit acti on being challcngcd is the Tribc's failure to take final action, a petition for administrative review may be filed any time before the Tribe denies the penuit or issues the final pennit. 2

- 110. Perm it Co ntent. (I) Stand ard Requirements. Each operating penuit shall include the following: (a) the date of issuance and the penn it tenn , which s hall be for a fixed tenn of 5 years in the case o faffected sources and all other sources (notwith standing this r equ irement, the Tribe s hall iss ue permits for so lid waste incineration units combusting municipal waste subject to standards under section I29(e) of the Act for a period not to excecd 12 ycars and s hall review s uch pemlits at least every 5 ycars); (b) for maj o r sources, all applicable requirement s for all relcvant emissions units in the major souree and , for non-major sources subject to this code, all applicable requirements applicable to emissions units that cause thc source to be subject to this code;

32(c) fugitive emissions from a Part 70 source, which shall be included in the same manner as stac k emiss i ons, regardless of whether the sour ce category in question is included in the list of sources contained in the definition of major source; (d) emission limitations and standards. inc luding those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. Such requirements and limitations may include ARMs ident ified by the source in its part 70 permit application as approved by the Tribe , provided that no ARM shall contravene any terms needed to comply with any o therwise applicable requirement or requirement of this code or circumvent any applicable requirement that would apply as a result of implementing the ARM. (i) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in foml as compared to the applicab l e requirement upon which the term or condition is based. (ii) The permit sha ll state lhat , where an applicable requirement of the Clean Air Act is more s tringent than an applicable requirement of regulations promulgated under title IV of the Clean Air Act, both provisions shall be incorporated into the permit and shall be enforceable by the Tribe and Administrator. (iii) If an applicable implementation plan allows a detemlination of an altemative emission limit at a part 70 source, equivalent to that contained in the plan, to be made in the pennit issuance, renewal, or significant modification process, and the Tribe elects to use such process, any pennit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enf orceab l e, and based on replicable procedures. (e) a pcnllit condition prohibiting emissions exceeding any allowances that the source lawfully holds under title IV of the Act or the regulations promulgated thereunder. (i) No pennit re vis ion shall be required for increases in emissions that arc authorized by allowances acquired pursuant to the acid rain program , provided that s uch increases do not require a permit revision under any other applicable requirement. (ii) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance w ith any other applicable requirement.

33(iii) Any such allowance sha ll be accounted for according to the procedures established in reg ul ati ons promulgated under title IV of the Act. (l) a severability clause to ens ure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit; (g) a provision specifying the conditions under which the permit will be reopened prior to expiration pursuant to § 2-112 of this code; and (h) a provision to ensure that the permittee pays fees to the Tribe consistent with the annual fee schedule in 

### § 2-1 19 of thi s code. (2) Com mission and Federal Requirem enls

. Pem1its shall be issued containing all applicable requirements, including requirements from both the Commission and from federal program regulati o ns requirements. Thi s situation may arise, for example, when a permittee is subject to more than one program under the Clean Air Act and the Commission has chosen to implement only some but not all of the programs t o which the permittee is subject. (3) Required Stalements

. Each o perating permit shall include provisions stating the following: (a) the permittee shall co mpl y with all tenns and conditi ons of the permit; noncompliance with federally enforceable or Commission-only pennit conditions constitute s a violation of this code and the Clean Air Act, and any permit noncomp liance constitu tes grou nd s for enforccment ac ti on, permit termination , revocation and reissuance, or revision or for denial of a permit renewal applicatio n; (b) it shall not be a defense f or a permittee in an enforcement action lhat it would have been necessary to halt or reduce the permincd ac ti vity in order to maintain compliance with lhe conditions of the permit; (c) the penn it may be modified , reopened and revised, revoked and reissued, or tenninated for cause in accordance with 

### § 2-112 of this code; (d) the filing by the permittec of a request for a pennit revision, reissuancc, or tennination , or of a notification of planned changes or anticipated noncompliance shall not stay any pennit conditi on; (e) the pennit does not convey any property rights of any sort, or any exclusive privilege; (f) all permit tenns and conditions which are required under the C lean Air Act or under any of its applicable requirements , including any provisions
34designed to limjt a sourcc's potcntial to emit, are cnforceable by the Administrator and citizen s under the CIC< 1n Air Act, except that the penn it shall specifically dcsig nate as not being federally enforceable under the Clean Air Act any tenns or conditions incl udcd in the pennit that arc not required under the C lean Air Act or under any of its appli cab le requirements. Tenns and condi ti ons so designated are not subject to thc requirements of §§ 2-10 8, 2-11 I, 2-112 , other t han those contained in this paragraph (f) of this section: and (g) the issuance of a pennit, or the filing or approval of a co mpliance plan , does not relieve any person from civil or crim inal liability for fai lure to co mply with the provisions o f this code and the Clean Air Act, applicable regu lati ons t hereunder, and any o ther applicable law or regulation. (4) Hazardous Air Pollutant Rcquircmcnts

. Each opemting pennit for sourccs of hazardous air pollutants shall include the elements required under the C l ean Air Act and its applicable regulations. (5) Monitoring Requircmcnts. Each operating pennit shall include the following requirements: (a) all monitoring requircmcnts and analys is procedures or test methods required under app li cable monitoring and testing requirement s, including 40 CFR Part 64 , and any o ther procedures and methods promulgated by the Administrator pursuant to § 114(a)(3) or 504(b) of the C lean Air Act or by the Commission. If more than one m o nitoring or test ing req uirement applies, the pennit may specify a streamlined set of monitoring or testing provisions provided that the specified m

o nitoring or te sti ng is adequate to assure co mpliance at least to the same extent as the monitoring or testi ng applicable requirements that are not included in the pennit as a result of suc h strcaml ining; (b) where the applicable requirement does not require periodic testi ng or instrumental or non-instrumcntalmonitoring (which may consist of recordkeepi ng designed to serve as monitoring) , periodic monitoring sufficient to yield reliable data from the relevant time periods that arc repre sentative of the source' s co mpli ance wi th its pennit, as reported pursuant to § 2-11 0(7) of this code, provided that such monitoring requirements shall assure use of tenns , test methods , units , averaging periods , and other statistical conventions co nsistent with the applicable requirement. Rec ordkeeping provisions may be sufficient to meet the requirements of thi s paragraph; (c) as neccssary, r equirement s co ncerning the li se, maintenance, and, when appropriate, installation of m o nitorin g equip ment or methods; and (6) Recordkeeping Requiremenls

.

35

### (a) The penn it shall require recordkeeping sufficient to assure and verify compliance with the tenns and conditio ns or the pcnnit, including incorporation of all applicable recordkeeping requirements, and shall require, where applicable, recordkeeping of: (i) the date, place as defined in the pennit, and time of sampling or measurements ; (ii) the date(s) analyses were perfonned; (i ii ) the company or entity that perfonned the analyses; (iv) the analytical technique s or methods used; (v) the re sults of such analyses; and (vi) the operating co nditi ons existing at the time of sampling or measurement. (b) Records of all monitoring data and support infomlation shall be retained for a period of at least 5 years from the date ofthe monitoring sample, measurement, report. or application and shall be kept at the location specified in the pennit or elsewhere, jf agreed upon in writing by the Tribe. Support infonnatiol1 includes all calibration and maintenance records and all back-up recordings for continuous monitoring instrumentation, and copies of all reports required by the pennit. (7) Rcporting Requiremcnts. The permit shall require reporting sufficient to assure and verify compliance with the tenns and conditions of the penn it and all applicable requirements , including incorporation of all applicable reporting requirements and: (a) Submittal ofrcports of any required monitoring at least eve!)' 6 months, which reports shall be certified by a responsible official consistent with § 

### 2

- 105 of this code and shall clearly identify all instances ofdeviations from penn it requirements, including emergencies; (b) Prompt reporting of all deviations from pennit requirements (including emergencies), including the date, time, duration, and probable cause of such deviat i ons, the quantity and pollutant type of excess emissions resulting from the deviati on, and any preventative, mitigation, or corrective actions or measures taken. Where the underlying applicable requirement contains a definifion of "prompt" or otherwise spec ifie s a time frame for reporting deviafions , that definition or time frame shall govern. Where the underlying applicable requirement fails to address the time frame for reporting deviations, reports of deviations shall be submitted based on the following schedule:



### 36(i) for emissions of a hazardous air pollutant or a toxic air pollutant (as identified in an applicable regulation) that continue for more than an hour in excess ofpennit requirements, the report must be made by telephone , verbal, or facsimile communication by the close ofbusiness the next working day , upon discovery of the occurrence, and in writing within 10 working days from the occurrence; (ii) for emissions of any regulated air pollutant, excluding those listed in 

### § 2

- 11 0(7)(b)(i) of this code, that continue for more than 2 hours in excess of permit requirements , the report must bc made by tclephone, verbal, or facsim ile communication by the close of business the next working day, upon discovcry of the occurrence, and in writing within 10 working days from the occurrence; (iii) or all other deviations from pemlit reql1irements , the report shall be contained in the report submitted in accordance with the time frame given in 

### § 2-110(7)(0) of this code. (e) A pennit may contain a more stringent reporting requirement than required by § 2-IIO(7)(b) of this code. (d) For purposes of this section, the tenn "deviation" shall have the meaning prescribed in 

### § I I03( 17) of this code. (e) When requested by the Tribe in writing and within the period specified by the Tribe , the pennittee shall furnish to the Tribe copies ofreeords required by the pennit to be maintained , and any information that the Tribe lllay deem necessary to determine whether cause exists for reopening and revising, revoking and reissuing, or terminating the pennit or 10 dctemline compliance with the pennit. Upon request, the permittee shall also furnish to the Tribe eopies ofreeords required to be kepI by the permit or, for information claimed to be confidential. the permiuee may furnish such records directly to the Administrator along with a claim of confidentiality. (8) Operational Flexibi lity Req uirements. Each operating pennit shall include the following: (a) a provision stating that no permit revision shall be required for changes that arc provided for in the pennit under any approved economic incentives, markctable perm its, emissions trading, and othcr similar programs or processes ; (b) terms and conditions for reasonably anticipatcd AOSs idcntificd by the source in its application as approved by the Tribe. Such terms and conditions:



### 37

### 0) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the pennitled facility a record of the ADS under which it is operating; (ii) May extend the pennit shield described in paragraph (10) of this sectio n to all tenns and co nditions under each such ADS; and (iii) Must ensure that the lenns and conditions of each ADS meet all applicable requirements and the requirements of this code. The Tribe shall not approve a proposed ADS into the part 70 pennit until the source has obtai ned all authorizations required under any applicable requirement relevant to that AOS. (c) tenns and co nditi o ns identified in the app lication and approved by the Tribe for the trading of emi ss i o ns increases and decreases within the pennitted facility, provided that such trading shall be authorized solely for the purpose of complying with a federa lly enforceable emissions cap establ ished in the pennit independent of otherwis e applicable requirements, and provided further that such tenns and conditions sha ll : (i) be issued o nl y to the extent that the applicable requirements provide for tradin g such increases and decreases witho ut a case-by-case approval; (ii) require co mpliance with all applicable requirements and include all tenns and co nditi o ns required under this section to detennine compliance , provided that the app li ca nt shall include in the application proposed replicable pro cedures and penn it terms that ensure the emjssions trades are quantifiable and enforceable , and the Tribe shall not include in the emi ssio ns trading provisions any emissions units for which emissions arc not quantifiable or for which there ar e no replicable procedures to enforce the emissions trades; and (iii ) require fo r each such proposed change that the pennitlce provide writtcn noti Jicati on to the Tribe and the Administrator at l east 7 days in advance thercof , which notice the pennittee and Tribe shall attach to their copies o f the re l evant pennit. Such notice shall specify whcn thc proposed change will occur; shall describe the proposed change, including the r esulting emi ssions changes and the pollutants emitted subject to the emissions trade, and how the change will comply with the tenns and conditi ons of the penn it; and shall specify the provisions of this code with whic h the source will comply in making the change. (d) provisions prohibiting so urces from making, without a penn it revision , change s that are not addres sed or prohibited by the part 70 pennit, if such change s



### 38are subject to any requirements under ti tle IV of the Act or are modifications under any provision of title I of the Act. (9 ) Co mp li a nce Requirements. Each operating pcnnit shall Include the following requirements: (a) consistent w ith §§ 2-110(5) , (6), and (7), compliance certification, testing , monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms of the permit. Any document (including reports) required by a Part 70 pennit shall contain a certification by a responsible ollicial that meets the requirements of § 2-105 of this code; (b) upon presentation of credentials and other documents as may be required by law , the permittee shall allow authorized representatives of the Tribe or other authorized representative to perfonn the following: (i) enter the permittee's premises where a source is located or an emissions related activity is conducted, or where records must be kept under the conditions of the permit; (ii) have access to and copy, at reasonable times, any records that must be kept under the cond itions or the permit ; (iii) inspect, at reasonable times , any facilities, equipment (including monitoring and a ir po llution control equ ipment), practices , or operations regulated or requ ired under the pennit; and (iv) sample or monitor, at reasonable times, any substances or parameters fo r the purpose of assuring compl iance with the pennit or applicable requirements as authorized by the Clean Air Act; (c) annual submitL:'11 of compliance certifications to the Tribe and the Administrator, which shall certify the source's compliance status with all pemlit terms and conditions and all app licab l e requirements relevant to the source, including those related to emission limitations, standards, or work practices, and shall include: (i) the identificat ion of each term or condition of the penn it that is the basis of the certification; (ii) the comp liance status of the source; (iii) whether compliance was continuous or intermittent; (iv) the meth odes) used for determining the compliance status orthe source, currently and during the reporting period identified in the permit.
39Such methods shall include, at a minimum, the methods required under § 2-110(5) through § 2-110(7) of this code; (v) an identification of c<'l.eh deviation, which shall be taken into account in the co mpliance certification, and an identification as possible exceptions to compl iance of any periods during which compliance is r eq uired and in which an excursion or exccedance as defined under 40 CFR Part 64 occurred; and (vi) such other information as the Tribe may require to detcrminc the comp liance status of the source, and such additional requirements as may be specified pursuant to 

### §§ 114 and/or 504(b) of the Clean Air Act, 42 U.S.c. §§ 7414, 766Ie(b); (d) cons istent with § 2-106(4)(1) of this code, for sources to which that provision applies: (i) a compliance schedule; and (ii) a req uirement that such sources submit progress reports at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Tribe, which progress reports shall contain: (A) dates for achieving the activities , milestones, or compliance required in the compliance schedu le , and dates when such activities, milestones, or compliance were achieved; and (8) an explanation of why any dates in the compliance schedule were not or will not be met , and any preventive or corrective measures adopted; and (e) such additional compliance requirements as the Tribe may spec if y. (10) Permit Shield

. (a) Except as provided in this code, the Tribe may express ly include in an operating pennit a provision stat ing that compl iance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that: (i) such applicable requirements are included and specifica lly identified in the permit; or (ii ) the Tribe, in acting on the permit application or revision , determines in writing that o ther requirements specifically identifi ed are

40not applicable to the source, and the permit includes the determination or a concise summary thereof. (b) An operating permit that docs not expressly state that a permit shield exists for a spec ific provision shall be presumed not to provide such a shield for that provision. (c) Nothing in this sectio n or in any operating penn it shall alter or affect the following: (i) the provisions of 

### § 303 of the Clean Air Act, 42 U.S.c. § 7603 conceming emergency powers, including the respective authorities of the Administrator under those sections; (ii) the liability of an owner or operator of a source for any violati on of applicable requirements prior to or at the time of permit issuance; (iii) the applicable requirements of the acid rain program, consistent with section 408(a) of the Act; or (iv) the ability of the Administrator respectively to obtain information from a source pursuant to § 114 of the Clean Air Act, 42 U.S.c. 

### § 7414. (d) The permit shield sha ll no t extend to 

### § 2-110(8) changes, off-permit, and S02(b)( I0) changes under 

### § 2-1 16 of this code, or minor permit revisions under § 2·111 (3) of this code , or pernlit terms or conditions for which notice has been given to reopen or revoke all o r part under § 2·112 of this code. 2-111. Permit Revisions. The permittee must apply for any changes made to the permit that do not fall under § 2· 116 of this code. (I) Hazardous Air Pollutant Sources. Any permit r evision concern ing the hazardous air po llutant portion of a pennit shall be governed by this code and § 112 of the Clean Air Act, 42 U.S.c. 

### § 74 12. (2) Administrative Permit Revisions

. (a) The Tribe may incorporate administrative permit revisions as defined in § 1-103(3) of this code without providing notice to the public or affected programs , provided that the Tribe designates any such permit revision as having been made pursuant to this subsection

. The Tribe shall submit a copy of the revised permit to the Administrator.

41(b) The Tribe shall mke no more than 60 days from receipt of a request for an administmtive permit revision to take final action on such request (c) The pemlittee may implement an administrative permit revision immediately upon submittal of the request for the administrative revision. (d) The Tribe may , upon taking final action granting a request for an administrative permit revision allow coverage by the permit shield in § 2-110(10) for administrative permit revisions made pursuant to paragraph (d) of this section which meet the relevant requirements for significant pennit revisions. (3) 

### Minor Permit Rev is ions

. (a) App lication: A pennittee may apply to the Tribe for a minor penn it revision as defined in § 1·103(36) of this code in compliance with § 2-106(4) of this code, provided that such application shall include: (i) a request for a minor pennit revision; (ii) a description of the change , the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; (iii) the permittee's suggested draft pennit; (iv) certification by a responsible official, consistent with 

### § 2· 105 of this code, that the proposed revision meets the criteria for use of minor pennit revision procedures and a request that such procedures be used; (v) completed forms for the Tribe to use to notify the Administrator and affected programs as required under 

### § 2-108 of this code; and (vi) if the requested permit revision would affect existing compliance plans or schedules, related progress reports , or certification of compliance requirements , and an outline of such effects. (b) Limitation: A permittee shall not submit multiple minor pennit revision applications that may conceal a larger revision that would not co nstitute a minor penn it revision. The Tribe may require that multiple related minor permit revision applications be submitted as a single significant pennit revision application. A permit modification for purposes of the acid rain portion of the pennit shall be governed by regulations promulgated under title IV of the Act. (c) Completeness: The Tribe shall, within 30 days after receipt of an application for a minor permit revision , review such application for completenes s. The Tribe shall notify the applicant of that determination by certified mail, provided lhat any incompleteness notice shall also state what additional


### 42infonnation or points of clarification are necessary for the application to be detennincd comp lete

. Unless thc Tribe deternlines that such an application is not complete, requests additional infonnati on, or otherwise notifies the applicant of incompleteness within that time period, the application shall be deemed complete. (d) EPA and Affected Program Review: Within 5 working days after receipt of notification by the Tribe that a minor pennit revision application has been detennined complete, the Tribe shall send any notice required under § 2-108(2) of this code to the Administrator and affected programs. Within 

### 5 days after comp l etion of the preceding rcview proccss, the Tribe sha ll scnd to the Administrator any noticc requircd undcr § 2-108(3)(b) of this code. (c) Pcnnittcc's Ability to Make Change: Thc pcnnittec may make the change proposed in its minor pennit revision application immediately after it files such application, provided, however, for sources that have previously utilized this provision during the tenn of the pennit and, on two or morc occasions have failed to file a comp lete application, may thereafter make the change only after the application is deemed complete. After the pennittee makes the change and until the Tribe takes any of the actions spccificd in the following subsection, the pcnnittee must comp ly with both the applicable requirements governing the change and the proposed pennit tenns and conditi ons . During this period, the pemliuee need not comp l y with the existing pennit tenns and conditions it seeks to modify. Irthe pennittee fails to comply with its proposed pennit temlS and conditions during this period, however, the exis ting pennit tenns and conditions it seeks to modify may be enforced against it. (I) Timetable: The Tribe may not issue 

### a final minor pemlit revision until after the end of the Administrator's 45 4 day review period of the proposed pennit revision, or until the Administrator has notified the Tribe that the Administrator will not object to issuance of the pemlit revision, whichever is first. Within 90 days after receipt of a minor pennit revision application, or within 15 days after the end of the Administrator's 45-day revicw period , whichever is latcr, the Tribe shall: (i) issue the minor pennit revision as proposed; (ii) disapprove the minor pemlit revision applicCltion ; (i ii) detennine that the requested r evision does not constitute a minor pennit revision and sho uld be reviewed as a proposed significant pennit reVISIOn; or (iv) revise the draft pemlit revision and transmit to the Administrator the new prop osed pennit revision as required by § 2·108(2) of this codc. (4) S ignificant Permit Revisions

. 

### 43

### (a) Significant penn it r ev isi o ns as defined in 

### § 1-1 03(57) of this code sha ll meet all requirements of this code for pennit issuance and renewal, including those for applications , review by the Administrator and affected programs , and public participation. (b) The Tribe shall complete rev iew of significant pennit revision applications within 9 months after such applications are detennined to be complete. The majority of significant penn it revis i on applications shall be considered in the order in which they arc detcnnined to be comp l ete, based on the order of receipt. 

### 2

- 112

. Permit Reopenings, Revocation s and Rcissuances , and Terminations. (1) Action by 

### the Tribe

. (a) Reopening and Revocation and Rei ss uance Standards: The Tribe shall rcopen and revise all penllits issued under this code for any of the reasons listed in paragraphs (i) 

### through (iv) of this subsection

. Alternatively, the Tribe may revoke and reissue pennits for the reasons listed in paragraphs (iii) and (iv) of this subsection: (i) additional requirements under the Clean Air Act become applicable to a major source with a remaining pennit tenn of 3 or more years, provided that the Tribe shall revise such pcnnits to incorporate such additional requirements no later than 18 months after promulgation of such requirements , and no such reopening is required if the effective date of the requirement is later than the pennit expiration date unles s the original pennit or any of its temlS or conditions have been extended past the pennit expiration date pursuant to 

### § 2-1 04(2)(b)(iii) of this code; (ii) additional requirements (including excess emissions requirements) become applicable to an afTected source under the acid rain program. Upo n approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the penn it; (iii) the Tribe or lhe Administrator dc t ennines that the pemlit contains a material mistake or that inaccurate statements were made in establishing the tcnns or conditio ns of the pennit; or (iv) the Tribe or lhe Administmtor detennines that the pennit musl be revised or revoked and reissued to assure compliance with applicable requirements. (b) Reopening and Re vocatio n and Reissuancc Limitations: Proceedings to reopen and revise, or revoke and re issue, a pennit shall comply with the proceduml requirements for initial penn it issuance, and shall affect only those


### 44parts of thc permit for which cause to reopen and revise, or revoke and reissue, ex ists. Units for which permit co nditions have been revoked shall not be operdtt.'CI until penllit reissuance. Reopenings shall be made as expeditiously as practicable. (c) Termination: A permit, or an authorization to operate under a general permit, may be terminated when: (i) the permittee fails to meet the requirements of an approved compliance plan; (ii) the permittce has been in significant or repetitious noncompliance with the operating pennit terms or conditions; (iii) the applicant or penllittee has exhibited a history of willful disregard for environmental laws of any tribal or state authority, or of the United States; (iv) the applicant or permittee has knowingly misrepresented a material fnct in any application, record, report, plan, or other document filed or required to be maintained under the permit; (v) the pcrmittee falsifies, tampers with, or renders inaccurate any mon itoring device or method required to be maintained under the permit; (vi) the permittee fails to pay fees required under § 2-118 and § 2-119, of lhis code; or (vi i ) the Administrator has found that cause exists to terminate the permit. (d) Notification: In addition to providing notice of intent to temlinate a permit, the Tribe shall provide a notice of intenl to a permittee to reopen or revoke and reissue a permit. Notice shall be provided by certified mail at least 30 days before the date on which the pemlit is to be reopened, revoked, or terminated, except that the Tribe may provide less advance notice in the case of an emergency. The notice shall state that the permittee may , within 30 days of receipt, or in less time in the case of an emergency, submit comments or request a hearing on the proposed permit action. (2) Act ion by the Administrator: Within 90 days, or longer if the Administrator extends this period, after receipt of written notification that the Administrator has found that cause exists to terminate, modify, or revoke and reissue a permit, the Tribe shall forward to the Administrator a proposed determination ofteml inali on, modification, or revocation and rci ss uance , as appropriate. Within 90 days from receipt of an objection by

45the Administrator to a proposed determinalion, the Tribe shall address and act upon such objecti on. (3) Revocation and Tcrmination: Rcvocation or tem1ination of a pennit by the Tribe terminates the permittec's right to operatc. (4) Voluntary Discontinuation: Upon rcqucst by the pcnnittee, the Tribe shall pennanently discontinue an operating penn it. Pennit discontinuance tenninates the permittce's right to operatc as a Part 70 sourcc undcr the pennit. Thc Tribe shall confinn the pcnnit discontinuancc by certified lettcr to the pennittce. (5) Preconstruction Limitat i o n: Noth ing in this section shall be construcd to alter any applicable preconstruction r cquirements under 

### § 

### 165 of the Clean Air Act, 42 U.S

.c. 

### § 7475. 

### 2

- 113. Perm it Transfers

. A permit shall not be transferable, by operation of law or othen.visc, from one location to another or from one source to another, except that a permit may be transferred from one location to another in the case of a portable source that has notified the Tribe in advance of the transfer, pursuant to this codc. A pcnnit for a source may bc tran sferred from one person to another if the Tribe finds that the transfer ee is capable ofoperat ing thc source in compliance with the pennit and the requirements of this code. This tmnsfer must be accomplished through an administrative pcrmit rcvision as dcfined in § 1-103(3) of this code. 

### 2

- 114, General Permits. (I) Iss uance, (a) The Tribe may, after notice and opportunity for public participation and review by the Administrator and affected programs, issue a gencral pennit covering numerous similar sources. (b) Any gencral permit shall comply with all requiremcnts applicab l e to o ther operati ng pennits and shall identify criteria by which sources may qualify for the general permit. 

### (2) Applicatio n. (a) The owner or operator of a Part 70 source that would qualify fo r a general pennit must: (i) apply to the Tribe for coverage under the terms of the general pennit; o r (ii) apply for an operati ng permit consistent with 

### § 2-106 of this code.


### 46

### (b) The Tribe may, in the general pemlit, provide for applications which deviate from the requirements of § 

### 2-106 ofthis code, provided that such applicati ons meet the requirements oftitle V 

### of the Clean Ai r Act and include all infonnation necessary to determine qualification for, and to assure compliance with, the general permit. (3) Review and Operation. (a) The Tribe shall autho rize qualifying sources that apply for coverage under a general permit to operate under the tenns and conditi ons of such general permit. (b) The Tribe may grant a request for authorization to 

### operate under a general permit without repealing the public participation procedures required under § 

### 2- 109 of this code. (c) Authorization to operate under a general permit shall not be granted for acid rain sources unless otherwise provided in regulations promulgated under title 

### IV ofthe Clean Air Act. (d) Notwiths tanding 

### § 2·110(10) of this code, the penniltee shall be subject to enfor cement action for operation without an operating perm i t if the source is later detemlined not to qua lify for the conditions and temlS of the general permit. 2

- 115. Portable Sou rce Permits. (I) 

### Authorization. The Tribe may issue permits for portable sources that authorize emissions from similar operations by the same source owner or operator at multiple locations and authorize such sources to relocate without undergoing a major pennit reVISion. (2) Acid Rain So urce. No acid rain source shall be pemlitted as a ponable source. (3) Limitations. Permits issued pursuant to this section shall include conditions to assure that: (a) the source is installed at alllocations in a manner conforming with the permit ; (b) the source shall comply with all applicable requirements and all other provisions of this code at all authorized locations; (c) the owner or operator shall notify the Tribe in writing at least 10 days in advance of each change in location, provided that such notice shall include a legal description of where the source is to be relocated and how long, to the best ofthe owner or operator's knowledge, it will be located there; and



### 47(d) emissions from the so uree shall not, at any location, result in or contribute (0 an exceedance of a national ambie nt air quality standard or increment or visibility requirement under Part C oftille I of the Clean Air Act. 

### 2-1 16 . Facility C hanges Allowed Withou t Permit Revisions. In addition to changes authorized pursuant to 

### § 2-110(8) of this code , any pennittee may make the following fac ility changes without a permit rev ision: 

### (I) Section 502(b)(I O ) C ha nges. (a) The pennittee may make Clean Air Act 

### § 502(b)(lO) changcs without applying for a permit revision if those changes are not modifications under title I of the Clean Air Act and do not cause the fac ility to exceed emissions allowable under the pennit (whether expressed as a rate of emissions or in tem1S of total emissions). (b) For each proposed § 502(b)( I0) change, the permittee shall provide written notification to the Tribe and the Adm inistrator at least 7 days in advance of the proposed change. Such notice shall state when the change will occur and shall describe the change, any resulting emissions change, and the inapplicability of any pennit tenn or condition. (c) Upon receiving notice ofa proposed 

### § 502(b)(10) change pursuant to the preceding provision, the Tribe shall promptly determine whether the proposed change qualifies as a 

### § 502(b)(10) change and whether the notice meets the requirements of the preceding paragraph. and shall promptly notify the permiuee of this determination. (d) If the proposed change and the notice is sufficient, the permiuee and Tribe shall attach each such notice to their copy of the relevant permit. If the change is determined not to qualify or the nOlice is not sufficient, the original tem1S of the permit remain fully enforceable. (2) Off-Permit C hanges

. (a) Permittees are allowed to make, without a pennit revision , changes that are not addressed or prohibited by the operating pennit, if: (i) each such change meets all applicable requirements and shall not violate any existing permit term or condition; (ii) such changes arc not subject to any requirements under title IV of the Clean Air Act and are not modifications under title I of the Clean Air Act;



### 48

### (iii) such changes are not subject to pennit revision procedures under § 

### 2- 111 of this code; and (iv) the pennittee provides contemporaneous written notice to the Tribe and the Administrator of each such change, except for changes that qualify as insignificant activities. Such notice shall state when the change occurred and shall describe the change, any resulting emissions change, pollutants emitted, and any applicable requirement that would apply as a result of the change. (b) The pennittee shall keep a record describing changes made at the source that result in emissio ns of any regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the pennit, and the emissions resulting from those changes. 2

- 117. Emergency Situations. (I) 

### Definition. An emergency, as defined in § 

### 1-103(19) of this code, constitutes an affinnative defense to an action brought for noncompliance with relevant technologybased emission limitations if the pemlittee demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that: (a) an emergency occurred and the pennittee can identify the cause(s) of the emergency; (b) the pennitted facility was being properly operated at the time; (c) during the period of the emergency the permittee took all reasonable sleps to minimize levels of emissions that exceeded the emission standards or other requirements in the penn it; and (d) the pennittce reported the emergency to the Tribe in compliance with 

### § 2- 110(7) of this code. (2) 

### Burden of Proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency bears the burden of proof. (3) 

### Other Applicab le Requ irements. This provision is in addition to any emergency or upset provision conta ined in any applicable requirement. 2

- 118. Fee Requirement and Payment. (I) 

### Initial Fees

. (a) Part 70 sources that begin operation after the Tribe's program has been approved shall complete and submit an initial fee calculation work sheet, provided


### 49by the Tribe (Fonn FEE) , during the first year of operati o n. Part 7 1 sources trans iti on ing lO the Part 70 program shall continue to pay annual fees according to paragraph (2)(b)( i) of thi s section. Ca lculati ons of actual or estimated em iss ions and ca lcul ation of the fees owed by a source shall be computed by the source on fee calculati on work sheets pro vided by the Tribe (Fonn FEE). Fee payment of the full amount must accompany each initial fcc calculation work sheet. (b) The fee calculation work sheet shall require the source to sub mit a report of its actual emi ss ions f o r the preceding calendar year and to compute fees owed based o n those emi ss i ons. For sources that have been issued Part 70 o r Part 71 pennits, actual emissions shall be co mputed using compliance methods required by the most r ecent pennit. If ac tual emi ss io ns cannot be detennined using the compliance methods in the pennit, the actual emissions s ho uld be de tennined using fedemlly r ecogni zed procedures. Ifa source commenced operat i on during the preceding calendar year, the source shall estimate its actual e mi ssions for the current calendar year. In s uch a case, fees for the source shall be based o n the total emissions estimated. (c) The initial fcc calculat i o n works heet shall be certified by a respo nsib le official cons istent with § 2-105 of thi s code. (2) An nual Fees. An annual operating penn it emi ss i on fee sha ll be paid to the Tribe by each owner or operator o f a Part 70 source. (a) Such fcc shall be assessed: (i) for a ma jo r source, for all emi ss io ns units; and (ii ) for all other source s, f or emissions units that cause the source to be subject to thi s co de. (b) The firs t annual fcc to be paid shall be de tennined and paid as fo ll ows: (i) For sources in operatio n before the efTecti ve date of thi s code, the first annual fee shall be based on the emissions inventory for the preceding calendar year or the applicable minimum fcc, whi chever is greater. The fcc s hall be due on the date specified in the Tribc ' s Tmnsition Plan. (i i

) For sourc cs that begin opcrati on aftcr thc efTective date of this code, and for sources that become subject to a pennit requirement pu rsuant to titl e Vofthe Clean Air Act through promulgation of the Administrato r after the efTective date of thi s code, the first annual fee shall be based on the applicable minimum fcc o r t he per ton fee based on the actual em iss i o ns from the lirst year of opemtion, whichcver is greater. The first annual fee shall be due on the mmi versary date o f the initial fec

50

### calculation work sheet at the time the initial permit application is submitted pursuant to § 

### 2-118( I) of this code. (iii) Ifno emi ssions inventory is available, the first annual fcc shall be based on estimated em issions using approved estimation methods. (c) All annual emission fees other than the first shall be due each year on the anniversary da te of the initial fee payment or the first annual fee payment, whichever is applicable, by the source to the Tribe. The fee shall be based on the emissions inventory fo r the preced ing operating year or the applicable minimum fee, whichever is greater. All annual fee calculation worksheets shall be certified by a responsib le official consistent with § 

### 2-105 of this code. (3) Other Fces. The Tribe may establish a schedule of other fees necessary to ensure thaI fees cover program costs, as required, including but not limited to, for example , a registration fee. (4) 

### Paymcnt Form, Processing, and Usc. (a) Fec payments due under this section shall be remitted in the fonn ora money order, bank draft, certified check, corporate check, or electronic funds transfer payable to the Southern Ule Indian Tribe and sent or delivered to the Tribe, c ia 

### Environmental Programs Division, P.O

. Box 737 MS#84, Ignaci o, Colorado 81137. (b) Upon receipt of fee payments due under this section, such payments shall be used for the administration of the Title V Operating Pennit Program. (c) Fee payments collected under this section shall not be utilized for any purpose not authorized under the C lean Air Act. (5) 

### Nonpayment. (a) Failure to remit the full fee required by the due dates specified in this section constitutes a vio l ation of this code and may subject the owner or operator to enforcement actions under this code, including, but not limited to, civil penalties for each day of noncompliance

. (b) The Tribe shall not issue a final permit or pemlit revision until all fees, interest and penalti es assessed against a source under this section arc paid. (c) An initial or renewal appl i cation shall not be found complete unless Ihe source has paid all fees owed

. (6) Pcnalty and Intcrcst Assessmcnt

.



### 51(a) The Tribe shall assess interest on payments which are recei ved later than the date due. The interest rate shall be the sum of the federal shO I1-teml rate determined by the Secretary of the Treasury in accordance with Section 662 I(a)(2) of the International Revenue Code of 1986 , plus 3 percentage points. (b) The Tribe shall assess a penalty charge of 

### 50 percent of the fee amount if the fee is not paid within 30 days of the payment due date. (c) 

### I f a source underpays the fcc owed, except as provided in paragraph (6){ d) of this section. the Tribe shall assess 

### a penalty charge of

### 50 percent on the amount by which the fee was underpaid. Interest shall also be assessed, computed under paragraph (6)(a) of this section, on the amount by which the fee was underpaid. (d) If a source bases its initial fee calculation on estimated emissions from the source's current or preceding calendar year and underpays its fee based on an underestimation of these emissions, the Tribe shall assess a penalty charge of 

### 50 percent o n cenain of these underpayments, according to the following provisions: (i) The penally charge shall be assessed whenever a source's underpayme nt exceeds the underpay ment penally cutotT established in paragraph (6)(d){iii) of this section. The penally amount shall be 

### 50 percent of th e pol1ion o f the underpay menl which is in excess of th e underpayment penalty cutotT. (ii) Where a source is subject to a penalty f or underpayment pursuant to paragraph (6)(d)(i) of this section, interest as computed under paragraph (6)(a) of this section shall be assessed on that portion of the underpayment which is in excess of the underpayment penalty cUlotT established in paragraph (6)(d)(ili) of this section. (iii) The underpayment penalty cutoIT for a so urce s hall be [he sum of the following: 

### (A) 50 percent of thc pol1ion of the initial fec amount which was calculated from estimated cmissions of HAP Ii stf,,'<l. pursuant to § I 12(b) of the Clean Air Act, and (B) 20 percent o f the pol1ion of initial fce amount which was calculated from cstimutcd emissions of thc remainder o f the fee pollutants. 2

- 119. Fe<! Sched ul e. 

### (I) Emiss i on and 

### Minimum Fees,

52(a) Initial Em ission Fees : Unless otherwise set pursuant to this section, annual emission fees fo r all sources r equired to have operating pennits under this code shall be $50.00 per ton of actual emissions for all fee pollutants, including fugitivc emissions, adjusted pursuant to paragraphs (c) and (d) of this section. (b) Initial Minimum Fees : The Tribe may set, pursuant to [his section, minimum fees for all sources required to have an operating pennit undcr this code. (c) Adjustments to Fees: The Tribe may alter or adjust the above cmission and minimum fees in dollars per ton in the interest of program administration and/or to ensure that fees paid undcr this code are sufficient to cover pcnnit program costs, as those costs or the number or types of pennitted sources may changc ovcr timc. All adjustments to fees must be approved by the Commission. (d) Indcxing: The emissio n and minimum fees set under the preceding subsections shall be adjusted at t he beginn ing of each calendar year to reflect any percentage increase by which the Consumer Price Index for the most recent year exceeds the Consumer P rice Index for the year the Tribc's Title V Operating Pcnnit Program was approved. (2) Fcc Calcu lation

. (a) Subtotal annual fees shall be calculated by multiplying the applicable emission fec set pursuant to 

### § 2-lI9( I) of this eode times the total tons of actual emiss i ons for each fee pollutant. Emissions of any regulated air pollutant that already are included in thc fcc calculation undcr a catcgory of regulatcd pollutant, such as a federally listed hazardous air pollutant that is already accounted for as a VOC or as PM 10, shall be countcd only once in detcmlining the sourcc's actual emiSSions. (b) Thc total annual fcc due under this section shall be the grcater of the applicable minimum fee or the sum of subtotal annual fees for all fce pollutants emitted from the source. The applicable minimum fee shall only be established, upon approval of the Commission, if necessary for the program to remain self sustaining. (3) Fcc Ass es sment Err ors . (a) (fLhe Tribc detemlincs that a source has completed the fee calculation work sheet incorrectly , the Tribe shall bill the applicant for the corrected fce or credit overpayments to the sourcc's account. (b) Each source notified by the Tribe of addit i onal amounts due shall remit full payment wilhin 30 days of receipt of an invoice from the Tribc.

53

### (c) An owner or operator of a Part 70 source who thinks that the assessed fee is in crror shall pr ovide a writlcn explanation of the al l eged error to the Tribe al ong with the assessed fee

. The Tribe shall , wi thin 90 days of receipt of the correspondence, review the data to dcte nnine whether the assessed fec was in error. Ifan error was made, the overpayment shall be credited to the account of the Part 70 source. (4) fee Demonst rati o n. The Tribe shall provi de a demonstration to the Administrator that the fee schedule established pursuant to this section, in conjunction with any application fees establ ished by lhe Tribe pursuant to this secti on, will result in the collection and retention of fees in an amount suffic ient to cover permit program costs. Such demons t ration shall also co nta in an ini tial accounting (and periodic updates as required by the Administralor) ofhow required fee revenues are used solely to cover pemlit program costs. 2

- 120. Reduction in Permi t Fees

. The Tribe may reduce any fee required under this code to take into account the financial resources of small business sources. 2- 121. Enforcemen t Authori ty. Pursuant to the enforcement authority enumerated in P.L. 108

-336 and applicable provisions of the Clean Air Act, the Tribe has the follow ing authority to prevent and address violations of this code by Part 70 sources: (I) Civil Action . To bring a civil action for declaratory or injunctive relief immediately and effectively against any person who fails to comply with terms of a permit or any program requirement, inc luding perm it conditions, or is presenting an imminent and substantial endangcnnent to the public health or welfare, or the envirol1lnent; without the necessity ofa prior revocation of the permit. (2) Civil Penalties and Damages . To assess or sue to recover in court civil penalties or recover civil damages according to t he fo llowing: (a) Civil penalties or damages assessed, sought, or agreed upon by the Tribe under this section shall be appropriate to the violation; (b) These penalties or damages shall be separately recoverable in a maximum amou nt of not less t han $10,000 per day per violation; (e) Civil penalties or damages shall be recoverable ror the violat ion or any applicab le requirement; any pennit condition; any fee or filing requirement; any duty to allow or carry out inspection, entry, or moni toring aCl'ivities ; or any regulation or orders issued by the Tribe. Mental state shall not be included as an element or prooffor civil violat i ons.
54

### (3) Criminal Enforcement In accordance with the lOA and federal law, EPA will exerc ise criminal enforcement jurisdiction over any persons on all lands within the Reservation boundaries for violations of the Reservation Air Program. (4) Burden of Proof. The burden ofproof and degree of knowledge or inlent required for establishing violations under this 

### § 2-121 shall be no greater than the burden of proof or degree of knowledge or intent required under the Clean Air Acl. 2-122. Compliance Tracking. (I) Generally. The Tribe shall comp ile and maintain for at least five years all infonnation received pursuant to 2-110(7) of Ihis code as necessary and appropriate to detennine ongoing co mpliance by Part 70 sources with this code and the Clean Air Act, and shall provide any such inlonnation or compilation thereof to the Administrator when so requested by the Administrator. (2) Agreement. The Tribe may enter into an agreement with the Administrator concerning provision of the compliance tracking infonnation compiled pursuant to this section. 2-123. Enforcement Reporting. (I) Requirement. The Tribe shall record and submit to the Administrator at least annually bcginning no latcr than onc year after the effective date of thi s code infonnation regarding the Tribe's enforcement activities taken pursuant to this code including but not limited to the following: (a) The number of civil administrative and judicial enforcement actions either commenced or concluded; (b) The penalties and damages obtained in tho se actions; and (c) The number of administrative orders issued. (2) Method. The Tribe shall consult with the Administrator regarding the preferred method f or rccording infonnation required to be recorded pursuant to this section. 2-124

. Confidentiality. (I) Submittal. An applicant or pennittee who submits material to the Tribe under a c laim of co nfidentiality: (a) May submit the material sepanuely;

55(b) Shall precisely identify the material for which the confidentiality claim is asserted; and (c) Shall provide sufficient supporting information to allow evaluation of that claim. (2) Eligibility. All confidentiality claims made regarding material submitted to the Tribe under this code shall be evaluated under 40 CFR § 2(8). Infonnation which is emission data, a standard or limitation , or is collected pursuant to § 211 (b)(2)(A) of the Clean Air Act is not eligible for confidential treatment, as provided in 40 CF R 

### § 2.301(e). (3) Sub mittal to Administrator. The Tribe may require or pennit an applicant or pennittee to submit directly to the Commission or Administrator a copy of such material for which a confidentiality claim is asserted and shall be evaluated under 40 CFR § 70.5(.)(3). (4) Public Record. All materials submitted to the Tribe under this code, except to the extent detennined confidential pursuant to this section, and all operat ing permits, are public records and not entitled to protection under 

### § 114(c) of the Clean Air Act, 42 U.S.C. § 7414(c). A copy of each pennit application, compliance plan (including the schedule of co mpliance) , emissions or compliance monitoring report, certificati on, and each pennit issued under this code, shall be available to the public. If an applicant or pennittee is required to submit information entitled to protection from disclosure under this code, the applicant or pemlittee may submit such information separately. (5 ) Sharing of Information. Any infonnation obtained or used in the administration of this program shall be available to EPA upon request without restriction and in a fOffil specified by the administrator, including co mputer·readab lc files to the extent practicable. 2-125. Program Revision. Pursuant to the Commission's Procedural Rules, the Commission shall review this code no less than once every five years to make any necessary changes.



### 56

# Tab 7C O NFIRMATION NOTI C E OF DIRECT FINAL R ULEM A KI NG O N EPAREQ UIRED C HANGES T O RESERVATIO N A IR CO DE AND TITLE V OPERATING PERMlT PRO G RAM

The Southern Ute Indian Tribe/State of Colorado Environmental Commission hereby confinns that no adverse comments were received 

### in response to the Commission's notice of direct final rulemaking lhal was published on June 9, 20 II, and the action, lherefore, becomes effective on August 8, 2011, as stated in the previously published notice ofdirect final rulemaking. The direct fmal rulemaking action was to change (I) the "Emission uniC definition in the Reservation Air Code (found at section 1-I03(26}) to include pollutants listed underscction 112(b) of the Clean Air Act (42 U.S.c. 

### § 74 I 2(b)); and (2) the "Major source" definition in the Reservation Air Code (found at section 1-103(38» to include the Code of Federal Regulations' updated definition of "Major source" for purposes of regulating greenhouse gases as part of EPA ' s Prevention of Significant Dctcriorationffil1c V Greenhouse Gas Tailoring Rule (found at 75 FED

. REG

. 106 at 31514

- 31608 (June 3, 2010); 40 C.F.R. 70.2). These two changes to thc Commission's Reservation Air Code were requi r ed by the United States Environmental Protection Agency ("·EPA") in order for the Southern Ute Indian Tribe to receive full Title V Program approval. For further information contact : Brenda Jarrell , Program Manager, Air Quality Program , Southern Ute Indian Tribe, P

.O. Box 737 MS #84,lgnacio, Co lorado, 81137; tclephone number (970) 563-4705 (ext. 2246) ; fax number (970) 563-038 4 ; e-mai l bjarrel l@,so uthern

-ute.nsn.us

# Tab 8Jarrell, Brenda From: Sent: To:

Cc: Subject: Attachments:
Good ahernoon, Scott-Jewett, Marlene Wednesday, July 20, 20113:43 PM matthew...,yamall@xtoenergy.com; monica.johnson@conocophillips.com; Iyndon_harrison@xtoenergy.com; Sandra Miller (sandra.milller@elpaso,com); sam.armenta@elpaso.com: gmcfaddin@compliance · partners.com; srose@samson.com; czeller@gobrainslorm.nel; Myke Lane (myke.lane@williams.com): gblack@samson.com; Roxanne Roberts (roxanne.roberts@williams.com): Peter Jensen Upj@consultanl.com); Brittany D. Be nko (benkobd@bp.com); Beaubien, Derrill; Young , Andy: clara.cardoza@williams.com; browndr1@bp.com; pcummins@westgov .org; kirslen.king@state.co .us; karen.spray@slate.co.us; HOLLAND, SUZANNE P: pauLtourangeau@state.co.us; Mike Meschke; 'mauz@chevron.com'; 'julie.best@bp.com' Uulie.best@bp.com); Folk, Steven; swlsinc@frontier.net mcarnahan@4cornersmaterials.com; steve.brown@state.co.us; Hinkley , Ethan; bobby.lieb@co.laplata.co.us; rogers@lpcattomey.org; Randy Poteet (randy.poteet@conocophillips .com): Leslie Jakoby Uakobyla@co.laplata.co.us); Shawn Nau (nau sh@co.laplata

. co.us); Kellie Hotter (hotterkc@co.laplata.co.us); Paul Kosnick (kosnik@srog erslaw .com); Carole McWilliams (news@pinerivertimes.com); Danielle Lorrigan (lo rrigan@lpcaltorney .org); Barndt, Eric; gary.stripling@blackhillscorp.com; Fred Carl (fcarl@bhcorp.com); Jon Molis (jmolis@blackhillscorp.com); 'richard.corcoran@conocophillips.com'; wrose@wcamerica.com;james_mcdaniel@xtoenergy.com; Wally While; mayergawlikja@co.laplata.co.us; smith@lpcattorney.org; Roland Hea ; andrew.hawk@bp.com; 'elullos@pei·tx.com' (etullos@ pei-tx .com); 'jmiller@mln-air.com'Umiller@mtn-air.com); 'jeff.stovall@williams.com' Ueff.stovall@williams.com); 'dgmuslard@yahoo.com' (dgmusta rd@yahoo.com) ; 'lindy.hanson@bp.com'{lindy.hanson@bp.com); 'craig_allison@xtoenergy.com' (craig_alhson@xtoenergy.com); Kim_ChampJin@xtoenergy.com; 'Nolting. Leslie R' ( Leslie.Nolling@EIPaso.com) ; 'greghusle r@hotma il.com' (greghusl er@holmail.com); 'martinezaj@co.lap lata.co.us' (m artinezaj@co .iaplata.co .us); 'carol.caulhen@williams.com' (carol.caulhen@williams.com); 'barbarawroberts@gmail.com' (barb arawroberts@gmail.com) ; 'gandrews@durangoherald.com' (gan drews@durangoherald.com) ; rebecca.robert@bp.com; karena_csUl@yahoo.com; Jones, Mark, NMENV (M ark

.Jones@slale .nm.us); rita.bates@slate.nm.us: jtw@hpi1

. com; jbond@twinslars.com; artm@mcelvain.com; rarmstrong@twinstars.com; rparker@cetnm.com; ddowns@cetnm.com; mark.barela@williams.com: davidm@samson.com; cpavey@twinstars.com; jmartindale@emitlechnologies.com: dhargelt@utemountain.org: mark.polochnik@williams.com; Josh Joswick (josh@sanjuancitizens.org): kapalmer@fs

.fed.us; maltb@gosneyco.com; balty@townofignacio.com; kruegercd@co.laplata .co. us; rrymerso@blm.gov; mike .si lverstein@slate.co .us; krislina.romano@ch2m.com; ky.nichols@williams.com; dare

_hoang@xtoenergy .com; Casias, Pearl; Eagle, Ramona; Newton, Jim; Dutchie. Joycelyn : Borst, Marjorie; Olguin , Mike; Cloud, Alex; Peter R. Foster (pfoster@wrightwater.com ); Rob's E-mail (mi lofsky-r@fortlewis

. edu); Frazier, Virgil; Brown , Fran: Jeff Jefferson Jr. ; Sam W. Maynes (smaynes@mbssllp.com); Hall , Lorelyn; Mills, Monte (mm ills@southern-ute.nsn.us) ; North.Alexis@epamail.epa.gov; Kathleen Paser (paser.kathleen@epa.gov); 'Brown03.Randy@epamail.epa.gov' ( Brown03

. Ra ndy@epamail.epa.gov) Jarrell, Brenda ; Hunderman, Kyle; Ellis , Christopher; Williams, Yolanda; Lorrisa Hubbard ; Johnson , Tom Confirmation Notice for Publication 20110714 Confirmation Notice of Direct Final Rulemaking_cle an 071911.pdf

Attached you will find the Confirmation Notice of Direct Final Rulemaking on EPA Required Changes to Reservation Air Code and Title V Operating Permit Program that was pub lish ed in today's Wednesday, July 20, 2011 edition if the Durango Herald

. Please note that a copy of the confirmation notice is now posted on the Tribe's AQP website at: http://www.southernute.nsn.us/air-guality/environmental-commission
The Confirmation Not ice will also be published in the following newspapers: 1• Farmington Daily Times
- July 21 , 2011

• (ortez Journal- Saturday, July 23. 2011

• Southern Ute Drum
- July 29 , 2011 If there are any questions , please contact the Ms. Brenda Jarrell, Air Quality Program Manager at (970)563-4705 ext. 2246. As always thank you and have a wonderful rest of your day!
Thank you, l\larlCIlC SrolHcwctl Air Quality Aclmillistrativc Assislalll SOlilhe ru I r t c lu d ian Tribe PhOllC: (970) 56:i-1705 Fax: (970) S6:i-0:i!H EUla 

### il: in S je we l (@ SOIII]lenl

-ule.llsll.US



# ,

# PROOF OF PUBLICAliON

Couaty of La PI"ta. 

## 1 IS. S tate of Colorado

# D~~ngu**Her lo** **Draw~** A , Durango . Colorado 81 ! 02

I

. K aren Thompwn . do solemnly su,'car that I am the C luffm"r sen, jce**repre elltatj"**  cfthe Durango H erald. and that I have personal knowlc<lgc of the essenti al facts st aled herem; that the same is a daily newspape r printed in who le, and published in the County of La Plata, State of Colorado. and**ha~** a general circulation t h

erein; that said newspaper has been published contin uously and uninterruptedly in .said County of La Plaia for a period of more than twelve momhs next prior to the first publication of the ann exed Legal nOlice or adverti sement: thaI said newspaper has been admitted to the Uniled States mails as second-class matter under a provision of the Act of M arch 3. 1879. or a ny amendments thereof. and that said newspaper is a daily newspape . duly qualified for publishing legal noiices and advcnisemems within the meaning of the laws of the Statc of Colorado.
That thc annexed Icgal notice or advenisement was published in the regular and entire editions of said daily newspaper one lime only, July 20, 2011 once: each day for XXXXX consecuti,'e issue**days~** ooce each Wttl;. on the same day of each**\1,~k** for XXXXX consecutl"C**insenions~** and 31314 CON f1A MA TlO N N OTICE OF DiRECT ANAL AUl.EIlAKI NG 0101 EPARECUI RE D CHANGES TO RESERVATION AI R CODE AND TfT1..E V OPERATING PERMIT PROGRAM Th e Southern Ute indian Ttlbet' State of Colorado EnwiroMlenlai CommiSSion tler.by conflrms that no comments -... received Ifl ruponse. to lhe CommiI6lon·s notloe at direct Iinal rulemlking that was publ'ished on June 9. 2011 end the action. thefefofe. becomes effective on August 8, lOt 1. as stated In the prOvlolJ81y published notice of dlrecll!nal**rulemaktn~.** Th9 direct final rulemBklOg actIOn was 10 change (1) the "EmissIon unit" delinlbon in the Reservation Air Code (foUnd at section 1,103(26) to Include pollutants "sted under section 112{b) of the Clean Air Act (42 U,S,C. § 7412(bl}; and (2) the "'Major aoume" definitIon in the Reservation Air Code (foUnd al sectton 1-t03(38)) to inck.rde the Code of Federal Re1ulauons· updated deflnitlon 0 "Ma,jor source" for of regulating 91'Mnhouse gases as part of EPA s PnMl"ltion 01 SlgnifIcant DetertorattDnIlltlo V Greenhouse Gu TllKormg Rule (found at 75 FED. REG 10fl at 31514

- 31608 (J\IrlIIl 3 , 2010 )

. 40 C.F.R 70.2}. These two changes 10 the ComMisston's Reservatlon Ai! Code were requIred bv!tle United States ErMfOI'Im8I'Itaf Pro1ectlon Agency rEPAi In order lor ttI6 Southem Ute Indian Tribe to receive lull Tltle V Program 

# ..."""' For turthN Inlomlallon contact: Brenda Jarrell, Program Manager, Air Quality Program, Southern Ute indian Tribe , P,O. Box 137 MSIlB4, Ignacio, Colorado, 81131: le/epI1One number (970) 563-4705 (axt 2246); fw;x nulT\tler 19701 563- 0384; .-mall bjlorreU. eoothern-ute.n&n.ull Pubtlsh.o; July 20, 2011 my hand this 20th day of In wilness whereof I have he Ihat the first publication o f said nolice was in the issue period of said newspaper dated XXXXX and that the last publication of saId nOlice \1,'1!S in the issue of said ncw<>paperdated XXXXX A ,D

. . 2011

Subscribed and sworn before me. a notary public in and for the Counly of La PIal:!. Slal e of Colorado

### lhi**~f** 

### J.Iili:. A

.I)

. 1.Q.1..L. 

### " ,, ':b:1:t S

....**~11 "l;o;**  

# n Q**,:,-:** 

## •. , .• !

### )-

# --'**\JJd.J ,,",A** **~~ ~\** **~~Publi' ~'-** **C/8** My Commission expires : ., . '.

. ,'

## ~'£,'4'**-- --** **Ch:~ /;"**  O F C O\":, "":, "'I ' lflll ll l'f'l"\\ , " Exp(,e!>

### •



### AFFIDAVIT OF PUBLICATION 

### Ad No

. 66422


### STATE OF NEW MEXICO 

## County of San Juan :
JOHN ElCHERT , be in g duly sworn says : That HE IS the PUBLISHER of THE OAILY TIMES , 

### a da ily newspaper of genera l circulation published in Eng lish at Farm in gton , said county and state, and that the hereto attached Lega l Notice was published In a regular and entire Issu e of the said DAlLY TIMES , 

### a daily newspaper duly qualifi ed for the purpose within the meamng of Chapter 167 of the 1 937 Session Laws of the State of New Mexico for publication and appeared in th e I ntemet at The Daily Tim es web site on the following day (s):
Thursday , July 21 , 2011

And the cost of the publication i s $85

. 19

ON

# ;?~~~ JOHN ELCHERT appea red before me , who m I know personally to be the person who signed the above documenl

# ~Uuu.lf:t "-'-- My Commission Expires - II /{j5"' III 

### COPY OF PUBLICATION

CONFIRMATION NOTIce OF DIRECT FINAL RUlEMAlClNG ON EPA- REQUIRED CHANGES TO RESERVATION AIR COD E AND TlTL.E V OPERATING PERMIT PROGRAM Tbt Sovthrtrn Ute If\Cfion TrlbWSralle ot Colorado EnYlronml!ntol ComrnlS$icn Iler.ov mnffrml thai 110 Cl)m. ments were notIved In f'eSPOOSe to the CommiSSion's notice of cftrect finot nsiemoki"", 1tIot was PUblished on June
" 2011, 0I'ld the CKtiorl. Itlerefore, be- ecma eff"dl.". on Augt.l5l 

### a. 2lI11 "Clted in lhe previously Publlshed'r: lice of direct final ru5emaking. The direct final f\llemGkil'ltl ocf1on W05 to ctlorIR (1) ,... 'Emiulon unl1- definl. lion WI RfIIel'Vollon Ak Code (folnl at S1e'Ct1On l-lllJ(2611 to inclUde**~lutanfs** Il$ted under secliort 112(b) of 

### !!!. C"

..... A r Ad (4 U.S.C "U'lIbll;

. ftMI 'Molor -.n;:e- cMflnftlon in

.. '" Rewrvotfan Air Code Hound CIT !iE!C lion 1·103{J811 to Include the COOl! 

### of

"' Federal R-eulotions' UPdotIld definition '- 'Molor source' few PlJI"IIOIe$ at r'e9U-

.... '1 1lII 8t'M<'1houR IJOMS os POrt of**~A"** Prwwnl;on of SIQnlflconf

.......... lorollonfTffle V Greenhouse Gas ToUorlflSl Rule (found at 7S FED REG 106 01 11514 • 31611I U....,.. S. 2lIiO)· ..0 C.F,R. 7UJ. 

### n-. two dol,," to'llie CommI-.Jon'l ll:esenooIJon Air Code 'j""e required by lhe Unlf'llld Stotes Eny ronrn.tltol ProtectiOfl**A~** (' EPA" III ot'Cler for the Southern Ute tndian Trl. 10 receive tuu Title V Pro- 

# "rom apProval For lur1tler Information contact : 6rendo Jarrell, Program MoI'109&r', Air Quality Proolllm, Souftlttm Utt Indio!! Tribe, P.O. BOll. 717 MSft4 , Illrooc:io. Coloroclo, 81117; telephgoe numblll" {97l1l 563-4ros {ext. 22.46); fall number (970) S6J..038,t; .moll bforreUOsouIher'nut..nll'l.u,

' '"',1101 No. 66422 published in The Doily

mel on July 21, 2011.

### Montezuma Valley Publi s hing , 123 Roger Smith Ave , Cortez , CO 81321

Telephone: 50274 50 274 PN EPA RE Q UIRED CHANGES 07

/ 23/11 to 071 23 11 1 1 0 10 DSCHMITI 254

# r8~~lv@d

# ~75 Ad ID: Description: Run Dates: Cl ass: Qng User: Words:

Lin es: Dept h: P

O BOX 737 MS # 84 IGNACI O, C O 81 1 37 (970 ) 563 -47 0 5 SOU THERN UTE AIR QUALI TY 111026 Account:

Name: Company: PR OGRAM Address: 

# I

Peggy 'DaVes , Notary Pubiic 

### Mark Drudge Advertising Manager 

### In Witness Whereof I have 

# 7

here unyset my hand this 07/23 

### A.D., 20 II 

# I', ) L..--" /



### Subscribed and sworn to beforejmte,:a Notary Public in and for the County 

### fMo ntezuma, State

### ofe~do, this 071 

### 3 'lD., 2011 

### l/lu 

# f ,J! 

### Proof of Publication 

## Cortez Journal ) 

### ss.) ) 

### STATE OF COLORADO

### ~ounty of Montezuma

, Mark Drudge, do solemnly swear that I am the Advertising Manager for the Cortez Journal, and that I 

### have personal knowledge of the essential fact stated**~erein;** 

### that the same is a weekly printed, in whole or in part, and published in the County of Montezuma, State of Colorado, and has a general circula tion therein ; that said newspaper has been publi shed continuously and uninterrupted ly in said

### C-~unty of Montezuma for a period ofmore than fifty·two consecutive weeks prior o the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second class matter under the provisions ofthe Act of March 3, 1879, or any amendments thereof and hat said newspaper is 

### a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning ofthe law ofthe State of Colorado. That the annexed legal notice or advertisement was published in the regula and entire issue of every number of said weekly newspaper for the period of 

### 1 °nsertion(s); and that the first publication of said notice was in the issue of said 

### newspaper dated 07/23 

### A.D. , 2011

nd that the last publication of the said notice was in the issue of said newspaper 

### ated 07/23 

### A.D., 2011 50274 PUBL I C Non CE

CO NFIRMATI O N NOTICE O F D I RECT FINAL RULE M AKING ON EP A· REQUIREO CHANGE S TO RE S ERVATION A I R CODe

AND T ITLE V O PERATING PERMIT PROGRA M The Southern Ute Indian Tribel State 01 Colorado Environmenta! Commission he reby confirms lhi'll no adverse comments were receivea' (n response to the Commission's nollce of direct final rulemaktng thaI was published on June 9, 2011, and the action, therefore, becomes effec· tlve on AUijust 6, 2011, as stated in the preViously published notice of direct linal rulemaking. The direct IInal rule making action was to change (1) the "Emission unit" definition In the Reservation Air Code (found af section 1-103(26)) to include pollutants Iistod under section 112(b} of the Clean Air Act (42 U.S.C. § 7412(b); and (2) the "Major source" definition in 1e Reservation Air Code (found t section 1-103(36)) to Include the Code 01 Federal Repulatlons ' updated definition 0 "Major source " for purposes of regulating 9.reenhouse gases as part of EPA s Prevention of Signllicant DeferioratlonfTitle V Greenhouse Gas Tailoring Rule (Iound al 75 FED. REG. 106 at 31514
- 31608 (June 3, 2010); 40 C.F.R. 70.2). These two changes to the Commission's Reservation Air Code were required by the United States Envlronmenta Protection Agency ("EPA") In order for fhe SoUfhern Ute Indian Tribe to receive full Title V Program approval. For**fu~t 8r**  Informati o n e o n :act: Brenda Jarrell, Program Manager, Air Quality Program, Southern Ute Indien Trlba, P.O. Box 737 MSli84, Ignacio, Colorado, 81137; telephone number (970) 563-4705 (exl. 2246); fax number (970) 563· 0384; a·mall blarreIIOsQutbern-ute.nsn,us Publisl1ed in the Cortez Journal on July 23, 2011 

### SEAL) 

# ,...*

........**~~** 

# ........-......¥ 3 Roger Sm ith Avenue 

### Cortez, CO 81321 P

E

GGY DAVES 

### Notary Public 

### State of Colora do 

# J...1M

..**~l!IlIl'!I!!lI!II'l"el1!!11l~~~ ber**  16,201 4

.vi' "." •. 172

. Construction consists of hydro excavation of existing utilities : clearing of the right of way (ROW); excavation of the old pipeline ; stringing , welding. and testing of the new pipeline; lowering the new pipeline into the ditch: backfilling the ditch ; and reclamation of the ROW

. Planned hours of construction are from 7;00 am to 5:00 pm. Monday through Friday with a possible Saturday on occasion

. ConstrUCtion williasl throughoul the summer. For your safely

. please do not play on or around any equipmenl and please remain outside of the construction zone al all times

.



# Notice of direct final 

# rulemaking on EPS required changes to Reservation Air Code and Title V Operating Permit program
The Southern Ute Indian Tribe/State of Colorado Environmental Commission hereby confirms that no adverse comments were received in response to the Commission's notice of direct fmal rulemaking that was published on June 9. 201 I , and the action. therefore, becomes effeclive on August 8, 2011 , as stated in the previously published notice of d.irect final rulemaking

. The direct final rulemaking action was to change (1) the " Emission unil" definition in the Reservation Air Code (found at section 1- lO3(26» to include pollutants listed under seclion 112(b) of the Clean Air Act (42 U.S.C. § 7412(b»; and (2) the "Major source" definition in the Reservation Air Code (found al section 1

- 103 (38» to include the Code of Federal Regulations' updated definition of "Major source" for purposes of regulating greenhouse gases as pan of EPA's Prevention of Significant Deteriorationflitle V Greenhouse Gas Tailoring Rule (found at 75 FED. REG. 106 at 31514

- 31608 (June 3, 2OlO) ; 40 CF.R. 70.2). These two changes to the Commission's Reservation Air Code were required by the United States Environmental Protection Agency ("EPA") in order for the Southern Ute Indian Tribe to receive full TItle V Program approval

.

For further information contact: Brenda Jarrell

. Program Manager. Air Quality Program , Southern Ute Indian Tribe, P.O. Box 737 MSI84, Ignacio. Co lorado. 81137; telephone number 970-563-4705 (ext. 2246); fax number 970-563-0384; e-mail bjarrell@southem-ute.nsn.us

" IIII SOl 1111k' (·11 fRill \1 (III KI (111111 Sill**IIHI~'** III hill" IRIlII ·( h I III Sill lillI<' III RI'>I 1<\ \11'" PO BIl'
-**~-** :11..j.() CR ::; 1-;' 1<" \( II' ( () ((Jllil ';(1**~.II..:'..j.n** 1111 the FAm or,e-No.: 2011-073-PR NonCE OF PROBATE Idm Clark Baker, DreceaIed Notice to: Hein

. deviIces, Ieplces. CI\ldill:n and 

### an c:Jltla" penoDI daimiq lID imeftst in

__ : The SoUlbem UI!: llldian Tribe of tbe Southem UIC lDdiaIl Rc:serYarioa. Igna;:io. CO: CJnlctiqa; Take lIllCJCe thai a petition hal been filed in thu cause. allegina that the above decedent died lcavinj certain usetI. and aWn,: foI" the dct=ninatioo of heirs of said docedcnl , thc fldmiDisrratiOll of said CItIlc iDcludina: thc atIowinl of cndilon 01 Rid deadeal apd fiJI" diJtnluioll thcftd

. You

_ llOIified lhd Rid cause will be SCI few Ix:arula: t:.d<n dE TribII Cwrt at tbc abo¥C 8lkhu 00 TlIC!day.lu1y 12. 2011 at 9:00 AM. All penon. havilll claimJ 'iainst thc above cswe**~uinld** to file them fOl" al\owaDoc with the Tribll Court at the sated IlddresI 00 01" t:.d<n tbc time aDd dale of said beariJla

. u Iba¥e lilt forth 01" $lid cbim:s shaJl be forewr I:Ild 

### an pc:nollI intereIkd in Rid

__ bmby IIOtificld to IppCII" apd 

## _wer $8kl. Petitioo and offer cvidmoc in support of thclt position. The CQUrt will pn.x:ced to hear the maner al the date and time SCI above, or such later time to which the matter sltall be 00Illim.Ied and to make tbe dctetruinalioo therein ncceswy. DIRd dIb 8th of J_,1.ClU KcIJ Hcrnn. Dtputy Court CIed 10 the F..stale or, Case No: 21I1l · PR-46 NOTICE OF PROBATE Joaa. Joyce Suc:beI, Deceesed Nooce 10: Heirs

. dcvtKa. lc,alCa. credilOl'S and all other pmoIlII claiminc lIl1 IlItel:e1t ill sUi CSlate: The Sou!bcm Ute lD:liaD Tn1Je oflbc Sootbcm URllDdian RescrvKion. Ignacio

. CO : Gtwtinp : Take notice Ibat a petilion haa been filed in thia c alise

. alleging !ha[ the above decedent Wed leaviq: certain 1WC1lI. and asking for the determination of hein of laid decedenl. the f4ministra1ion of laid esta1c includiq the aIIowiDj: of atKIilOrl of said dcccdenllll1d for disUibutiOll thcrwf

. You arc notified thai 5IkI cause will be Ie( fOl" beariDa**bd~** tbe Tribal Court at the above addre:slI on Sepwnbcr 12.2011 II 9:30 AM

...... 11 penons havilll c laima qaillS1 the above estate are retjllinxl to file them for alloWlIlCC wilh !he Tribal COW1 at the stated address on Of before the time and date of Kid hearin•• as above lid forth Of Kid claims shall be foTevcr ba=d and all pcnooJ ilIrereated ID said CIWC arc bcR:b)o DObfJed II) appear and _et wd Pt:tIlJOcllll1d olfer evlOcnoc ill aupport of their poaltJOD. The Court will proceed to bear \be matter aI !he date and lime set above , Of such later time to which the matter sItaII be continued and 10 make the determination therein ooccaaary. Dated dais 25th vl JIIIy, MU Dolors Romero. Drput,. Court Clen: In tbe Leial Name Chanae of, Case No.: lOU-NC-099 NOTICE OF LEGAL NAME CHANGE NathaDleI RoyjobD Baker. Chil Subjed. Notice is bcreby liveD thai Amber DaWII S_Bird BakerValdez on behaIf or Nathanid Royjolm Bakc:t bas filed aD application for lelal c lwtp or name. to be known hereafter as Nathaniel Roy1ohn Baker-V aldez

. Any person dctiring to object to the granling of the petitIOn may do ao by filing an objorooo III writinl with the CIed:. of the Court no Iatcr than 0&fl8I2011. If no objcctioD is madc.1he Court -';0 pant tbe lca;al name cbanJe

. Dated thiI I2tII day vl Jtd,., MU

. Janie Her ren, Court Clerk

# Tab 9

## Southern Ute Indian Tribe's Reservation Air Program Transition Plan from Federal Part 71 to Southern Ute Indian Tribe Part 70 Operating Permit Program

January 19, 20 12

## Table of Contents I. Introduction 3 II. 

### Elements of the Tribe's I)art 70 Operating Permit Program Transition 3

A. Permit Transition 4 1. Notice of I)art 70 Program Approval 4 2. Request for Part 70 Program Permit Applications 4 3. Transition Schedule 4 4. Timing of Final Permit Actions for Transitioning Sources 7 5. Early Reduction Denlonstration 7 6. Title IV Requirements 8 B. Part 70 Program Implementation 8 I. Pern1it Fees for Existing Part 71 

### Sources 8 2. Permit Fees for Ne\v Part 70 Sources 9 3. Fees and Fee Demonstration 9 4. Enforccment. 9

L ii.
111. iv. Civil Action

. Civi l Penalties and Damages

.. Criminal Enforcement.

. Burden of Proof.

. Pennit Inspection Authority Transition

.. . ... . 9

. 10

. 10

.. .. 10

. ... 10 

### 5. I'rogram Development II

1. Pennit Writing Trainingsf Development.......

. 11 ii. Permit Inspection Trainings/Development.

.. . 12



## List of Tables Table I : Part 70 Sources Located on the Reservation as ol"January I , 2012 6 Table 2 : Existing Part 70 Source without an EPA · Issued Part 71 Permit. 7 Table 3: R eservation Part 71 Sources that are Major Sources of II AP Emissions 8

2 1 Pagc

### I. 

## Introduction.
The Southern Ute Indian Tribe (Tribe) proposes to establish and maintain a Part 70 Operating Permit Program (Part 70 Program) consistent with the requirements of Title V of the C le an Air Act (42 U.S.C. 7661-7661 f el. 

### seq.), its implementing regulati o ns at 40 C.F.R. Part 70. and regulations applicable (0 

### treatment of Indian tribes in the same manner as states for the purposes of Tribal administration of C lean Air Act programs (40 C.F.R. Part 49). The Part 70 Program will encompass both new and existing sources on the Southern Ute Indian Reservation (Reservation). The Tribe anticipates that 

### it will continue 10 

### develop the necessary resources and expertise during the transition period from the current Federal Part 71 Operating Permit Program (Part 71 Program) to the Tribe's Part 70 Program. The Southern Ute Indian Tribe/State of Colorado Environmental Commission (Commiss ion) has adopted the rules and regulations for the Part 70 Program that will be administered by the Tribe. This transition plan identifies how the Tribe's Environmental Programs Division Air Quality Program intends to transition all current Part 71 Program permits to Tribe-issued Part 70 Program permits. Per 40 C.F .R. 70.4(b)(ll). the Tribe is required to provide a schedu le for submission and final action on initial permit applications for all Part 70 sources located within the exterior boundaries of the Reservation. Specifically, the objective of thi s transition plan is to ( I ) outli ne requirements for receipt of all Part 70 Program permit applications within one year after the effective date of the Part 70 ProgrJrn , and (2) provide a schedule that ensures that final action is taken on at least one-third of the permit applications annually within three years after the effective date of the Part 70 Program (40 C.F.R. 70.4(bXIIXi) and (ii)). 

## II

. Elements of the Tribe's Part 70 Operating Permit Program Transition. The transition of all Part 71 Program permits to Part 70 Program permits will take place over a three year period. Final action shall be taken on at least onc·third of the P art 70 Program permit applications each year over a three year period after the effective date of approval oflhe Tribe 's Part 70 Program (40 

# cm 70.4(b)(JI)(ii)) and 

### § 2-107(4)(a) oflhe Reservation Air Code (RAC). As of January I, 2012, the United States Environmental Protection Agency Region 8 (EPA) has issued Part 71 Program permits to 44 Title V sources located within the exterior boundaries of the Reservation. These 44 existing Title V sources will have their Part 71 Program permits transitioned to Part 70 Program permits according to the schedule provided in Table I. 

### Any additional Title V sources that are constructed within the exterior boundaries of the Reservation before the Tribe receives approval to implement its Part 70 Program will be 

### transitioned in the last group of sources to 

### be transitioned unle ss otherwise assigned by the Tribe. Upon the effective date of the Part 70 Program, all new Part 70 sources and each source transitioning its Part 71 Program permit to a P art 70 Program permit may continue to operate without a Part 70 Program permil, provided a timely and complete application has been submilled 10 

### lhe Tribe (RAC 

### § 2-106(3)(b)). For existing sources. RAC 

### § 2-104 (2Xb) 31Page

### states that no Part 70 source may operate aftcr the efTective date of the Reservation Air Code without a valid permit issued under this Code unless:

• The Part 70 source is in compliance with an unexpired operating permit issued by the Administrator under 40 CFR Part 71; and

• The Part 70 source has submitted a timely and complete application for permit issuance or renewal consistent with § 2-106 of the Code; or

• The Tribe fails to 

### issue or disapprove a renewal application before the end of the prior permit term, in which case, that penn it shall not expire and all of its terms and conditions shall remain in effect until the renewal application has been issued or disapproved. 

## A. Permit Transition. I. 

### Notice of Part 70 Program Approval. Notification of Part 70 Program approval by EPA will be announced in a public notice to be published in a newspaper of general circulation in the affected area (e.g

.. the Southern Ute Drum, the Durango Herald , the Pine River Times. the Pagosa Sun. the Farmington Daily Time s, or the Cortez Journal). Furthennore, the Tribe will iss ue a press release , either separately or jointly with EPA. announcing the program's approval. In addition to public notice and press release, notice of program approval will be sent to persons on a mailing list developed by the Tribe. including those who request in writing to be on the list. and by other means if nece ssary to assure adequate notice to the affected population. 

### 2. Request for Part 70 Program Permit Applications. Within two weeks of the effective date of EPA's approval of the Part 70 Program the Tribe intend s to issue a notice of final approval of, and changeover of Title V permitting authority to, the Part 70 Program, This notice will include a request for the sub mission of a Part 70 Program permit application from each Title V source. Each request for submis sion of a Part 70 Program pennit application will indicate the appropriate deadline for subm iss ion of the permit application for each source as described in Table 1. 

### Any Title V source that fails to submit a timely and complete application will be out of compliance with the Part 70 Program. EPA will continue to administer each existing Part 71 Program pennit until such time as the Tribe iss ues a final Part 70 Program permit to the source. In accordance with 40 C.F. R. § 71.4(1), the EPA will also retain jurisdiction over any existing Part 71 Program pcnnit for which an administrative or judicial review proces s is not complete. 

### 3. Transition Schedule. To ensure that the transition of all Part 71 Program penn its to Part 70 Program permits will occur within a three year time frame , the Tribe has placed each source with a Part 71 Program pennit into one ofthree groups for pemlit application submiss ion and permit

4 1 Pagc

### issuance. Several factors were taken into account when developing the composition of the three groups. These factors included the current source requirements, the burden on the source owners given the total number of required permit applications to 

### be submitted to the Tribe. training of the Tribe's stafT. expiration dates for existing Part 71 Program permits, and the technical complexity of the Pan 70 Program applications. The larger and more complex Title V sources were placed in group 3. which also includes the sources that have synthetic minor limits in their current Pan 71 Program permit. Any Title V source that chooses to include synthetic minor limits in its Part 70 Program permit must first apply for, and receive. a new source review construction permit to ensure such limitations are federally enforceable. The first group includes sour ces that are owned or operated 

### by BP. Red Cedar, Xed Energy, and Samson Resources. The second group includes sources that are owned or operated by Transwestcrn I>ipeline, EI I >aso, Northwest Pipeline, Red Cedar, BP, and the Bondad Landfill. The third group includes sources that are owned or operated by BP, Williams , Samson Resources. Conoco Phillips, and Red Cedar (sec Table I).

5 1Pagc

### Tablc 1: .)art 70 Sourccs Locatcd on thc Rcscnration as of ,Ianuarv 1 , 2012. Part 70 Program Part 70 Progra m Part 7 1 Permit Permit Apillication Permit Issuanc e Source Part 71 Permit No. Expiration Date I)ue nate (baud on Date (based on program llllprO \'al program date) appro\'al date) Transition Cn)u'l I BP Four Queens Cenlral Facilitv Y-Sl J

-OOOX

-05.02 111012012 4 mo. 12 I11O S

. RC Cupotc CS Y-SU-Q016-05

.02 1 / 10120 12 4 mo. 12 mos. SR Worford Rid,ge CS Y

- SlJ-0046-0 7.0 I 7 / 6 / 20 1 2 4 mo . 121110s

. R

C Ell. Point CS Y-SU-0044

-06.02 S / X

120 12 4 m o. 12 mos. IlI'TS # 1 CS Y

- SU-0001

-05.0 I 10 / 2S12012 4 mo. 12 mos. Ill' TS 11 2 CS Y-SU-00002-2005.02 10 / 2S/ 2012 4 mo . 12 mos. Ill' 

## rs #6 CS Y·SU

-0005

-05.0 I 10 / 2S/ 20 1 2 4 mo. 12 mos. Ill' TS #4 CS Y

-SLJ

-OOO)

-05.0 1 12/16120 12 4 mo . 12 mos. IlPT SII7CS Y

- S U

-0006-05.0 1 12/ 16/20 12 4 mo , 12 mos. R

C Animas CS Y

-SLJ

-0035

-08.0 1 1 /14 / 2014 4 mo. 12 mos . RC Diamondhack CS Y-S LJ ·OOO 18-2005,0 I 4/ 4 120 14 4 mo, 12 mos. SR 110ward Sail W<lter lJisoosul Y-SU-0051 -I O.OO 11 / 8 / 2015 41110

. 12 mos. Xcd E llcr' Ii!limv CS Y

- SlJ-00023 -20 I0,00 5118/2016 4 mo. 12 mos. Transition GrouD 2 RC Covule Gulch '1'1' Y-SI J -OOOI2-1OO5

.0.t 1110/2012 Xmo . 24 mos. H!' TS #4A Y-SI )-0041-05 .0 I X / 812012 8 mo. 24 mos . IlPTS #5A Y

-SIJ

-0042

-05.02 8/812012 Smo

. 24 mos . EI Puso Bondad ('5 Y

-S U

-002S-06.02 1112612012 Xmo. 24 mos. Bondad Landfill Y

-SIJ

-0047

-07

.00 12/ 1 / 2013 Xmo. 24 mos. 

### rw La I'lata A CS Y

-SlJ

-OO 13

-08.0 I 7 / 15 /2 014 8 m o. 24 mos. NW La PlaIa B CS Y·SU·0029

-08.01 7 /15/ 2014 8mo. 24 mos. R(' I lorneslead CS Y-S I )

-0037-08.01 10 / 1

/ 20 1 4 8 mo . 24 mos . RC' Trai I Can on CS Y-SU -00048

-2OOS. 02 1012/20 1 4 Smo. 24 mos. RC Pumo ('anvon CS Y-SU -OOO36-200S. 0 I 10126120 14 8 mo. 24 mos. I'll' Dl') Creek Compress or F<lcilil\ Y-SU·OO3S-08,OO 11 /15 /20 14 8 IIlO. 24 mos. HP Iron Ilorse ('S Y·SlJ

-00050

-2009.01 12/2 /2014 8 mo . 24 mos . RC Lll Posla CS Y

- SU-00040-2009.01 1212S12014 8 mo. 24 I11O S. Transition CroUD J 41712oo8 Williams PLA-9 CDI' Y

- SU

-OOI4-o0.00 lextended) 12 mo . 36 mos. 417 12008 CP Sunn 'sidc CS Y-StJ·0032-02.02 (extcnded) 12 mo. 36 mos. 1 112912008 WiIli<lms 1['lmcio Plant Y

- SU-0027

-00.00 (cxtended \ 12 mo. 36 mos. 1 / 912009 C P Ar 'cnla CS Y·SlJ·OO30-0 1.04 (c"tcndcd\ 12 mo. 36 mos, RC Ilondad CS Y-SlJ-OO 11-06.03 4/\ 7120 11 12 mo. 36 mos. SI{ Jaques CS Y-St J -0043-06.02 4 /2 712012 12 mo. 36 mos. 131' Salvador 1 11r Y

- SU

-00009

- 2OO4.06 5 / 1712012 12 mo. 36 mos . R

C Arkan sas Loop and Simpson Trcatin ' Plants Y

- SlJ-OO I0-05.04 5117 / 2012 1 2 mos. 36 mos. HI' TS 11 6B Y

- SU·OOO24-2005.03 5/1712012 12 mo. 36 mos .P.rt 70**Pro~nm** 

### - f P.n 70 Progtlm P.rt I Pnmit**P~rmi(** \PphC'llfion**P~r** .. il b u ..**t"~** Sourt"t Pitt 7 1 Ptrmll 

# '0. l\pintion Dalt Dut D'ft (b.sed on Ibft**(b~** on**pr~tlm** Ippro

.... ' prOjl:tlm d'ft) !2Pro

.... 1 d.ft) Tr.nsition

.....

### :mun.\ lC"un(lnutd IW rSll!8 Y·Stf-00026-200S.04 

## s. 1712012 12mo

. 36**mo~.** RC Spring Creek CS y -SU...oo..S-06.03 S/1712012 12mo

.**36mo~** IWrS #7B Y-5U-0002S.(lS.02 1012812012 12mo

. 36 mos. RC Outla" ('S Y·SU-00033·2007.02 1114120 14 12 mo . 36 mos. 5R South hmacio V

-SU-003 1-Q&.OO 8120/2014 12 mo . 36 mos. RC 5ambrito V-5lJ-00049-200ltO] 912112014 12 mo. ]6 mos. 131' Micro! Y-5U-00039-2009.04 IIIH 120 14 12 mo. 36 mos. Ill' Florida River V

- StJ

-OOOO22

-0S.0 I 11 /27f20IS 12 mo. 36 mos . Ill' Wolf Poinl V -SU

-00034·2007.0 1 I2I IHI20 IS 12 mo. ]6 mos. 

### Any existing Title V facility that has yet to receive a Pan 71 permit from EPA prior to implementation of the Pan 70 Program must follow the procedures de scribed in 

## RAe § 2

- 106 and Table 2 below. 7 1 P dP 

### E P 1 . h 70 

### S T b l 2 E

.. P



### a e : 

### Xls tine art ource WI' 

### ou' an A- ss ue a rt erml'. p.n 70 Progr.m Ptrmit \ pplit"llion p.n 70 PrOj(tlm Ptrmit !.ssu.net'**Sourt"~** Out' D.tt D.lt lbastd on orlK!l1un 'Doroul daft) (basrd on nrOl!'n1m

. 00ru\.1 d.le\ E'l:i5l.ing Part 70 sources" ithout an Within I )car from program appro\'ai Wilhin 18 monlhs after pennit LPA

-issued Pan 71 pennit. date pl'f 

### RAe § 2-106(2Xd). application is deemed to be complete.


### 4

. Timin g of Final Permit Action s for Tran sitionin g Sources. As stated above and shown in Tab le I , within three years of the effective date of the Part 70 Program final action will have been taken on all Part 70 Program permit appl ication s that were received by the dead line . The Tribe intends to iss ue a fina l pennitting action on all Group I permit applications within the first year of the efTective date oCthe Pan 70 Program. on all Group 2 permit applications within the second year, and o n all Gr oup 3 pennit applications within the third year. 

### 5

. Early Reducti on Demonstrati on. Pennit appl ications for sources demonstrating early reducti ons under Section lI2(iX5) of the Clean Air Act shall 

### be acted upon within 9 months of receipt of the complete pennit applieation 

### (RAe § 2

- 107 (4)(b )). Table 3 shows the current Reservation Part 7J 

### sources that are major sources of IIAP emissions. Section 112(i X5) requirements do not apply to any current Reservation Part 71 sources.

71Pagc

### Table 3· Reserv atio n Pa rt 7 1 Sources th at are Ma j or Sources of HA P Emissions. 

# . So urcl.' Pari 7 1 Pe rmi t No

. OP Four Queens Ce ntral Facility Y-SLJ..()(l()8"()5

.02 RC Arkansas Loop and Simpson Treating Plants**SU"()()IO-05** RC Bondad CS Y

-Sll-OOII .Q6.03 RC Coyot e Gulch TP Y· Sl l'()()()12·2005

.()'* RC Capote CS Y· Sl l-OOl6-0

. 5.02 RC Diamondback CS Y -S U-OOOIS-200 5. 01 Will iam s Ignacio Plant V

-SU'()()27

### .()()

.oo RC Outlaw CS V· SU-0003] ·200 7

.02 RC Animas CS Y-SU-003HS.OI RC Pump Canyon CS V·Sl -00036- 2008

.01 RC Ilomcstcad CS Y-SU-0037-<lS.O I B P Dr) Creek Co mpressor Facilitv Y

-SU-003S-<lS.OO RC La Posta CS V·S U ..()()().I ()"' 2 009.0 I OP TS # 4A Y-S U-0041-<l5

.0I OP TS #5 A V-S U-0042-05

.02 RC Elk Point C S V-S U-0044-06

.02 RC Spring Creek CS Y-SU-0045-06.03 RC Trail Canyon CS Y·SLJ..()()().I8-2008

.02 RC Sambrito CS Y-S U-00049-200S

.03 GP I ron Il orse CS V-SU-OOOSo-2009

.01 

### 6

. T itle IV Requirements. Submission of pennit app lication s and the pemlitling of af fect ed facilities shall occur in accordance with the deadlines in Title IV of the C lean Air Act and the regulation s promulgated thereunder. C urrently there arc no existing Part 71 so urce s o perating on the Reservation with Title IV requirements. 

## B. Part 70 Prog ram Implementati on. 1. 

### Pe rm it Fees f or Ex isting I )art 7 1 So urces. Once a Part 71 Program pennit has been tran si tioned to a Part 70 Program pennit. the source shall pay annual emission fees to Ihc Tribe as set f orth in the RAe. Until the Tribe issue s a final Part 70 Program pennit to a source each source shall continue to pay annual emission fees to the EPA according to its Part 71 pennit. The fi rst annual e mi ss ion s fee due f or a sour ce trans itioncd to a Part 70 Program pennit 

### w ill be 

### pro-rated with any fees for emissions released under the Part 71 Program pennit paid to EPA and any fees for e mi ssions released under the Part 70 Program pennit paid to the Tribe in accordance with 

## RAe § 2 -118 and the Pan 70 Program permit.



### 8 1P a g e

### 2. Permit fees for New Part 70 Sources. Sources that become subject to Part 70 pennitting after implementation of the Part 70 Program shall submit a Part 70 Program permit application along with an initial emissions fee within the first year of operation as a Title V source in accordance with RAC §§ 2-106 and 2·118( I ) and thereafter an annual emi ss ions fce in accordance with RAC § 2·118(2). 

### 3. fees and Fee Demonstration. Fees will be collected from all sources subject to the Part 70 Program and will sustain the Part 70 Program. A demonstration showing that the fees collected will 

### be suflicieJ1t to cover the co sts of the Part 70 Program can be found in the 

### Tribe 'J 

### Reservation Air Program Tille V Part 70 Operating Permit Program Fee Demonstration Jamul1Y /9, 

### 2012 (Fcc Demonstration). The Fcc Demonstration shows that the fees will cover both the direct and indirect costs of the Part 70 Program, which include but are not limited to regulation and guidance development, permit processing, administrative costs, enforcement. emissions and ambient monitoring, modeling, analyses or demonstrations, and emissions inventory and tracking. The fee s ",ill be used so lel y for the Part 70 Program costs and associated activities. Since the Tribe has demonstrated that the fees collectcd will be 

### sufficient to fund the Part 70 Program after the end of the sixth year of program approval, the Tribe is authorized to collect appropriate fces consistent with 40 C.F.R. § 70.9. For the first year of implementation of the Part 70 Program emission fees will be $50.00 per ton of fcc pollutants emitted. Following the first year of implementation the emission fees 

### will be 

### adjustcd annually based on the Consumer Price Index. Annual emission fees will be due on the datc specified in the Part 70 Program permit. 4. 

### Enforcement. All terms and conditions in a permit, including but not limited to provisions designed to limit a source's potcntial to emit. are enforceable by the Tribe and the Administrator. The EPA Administrator retains full federal enforcement authority under the CAA. Violations of any applicable requirement, any permit tenn or condition, any fcc or tiling requirement, any duty to allow or carry out inspection. entry , or monitoring activities, or any regulations or order issued by the Tribe pursuant to its Part 70 Program approva l agreement will be violations ofthe Clean Air Act. Pursuant to the enforcement authority described in RAC § 2-121, P.L. 108-336, and applicable provisions of the Clean Air Act. the Tribe has the following authority to prevent and address violations of the Reservation Air Code by Part 70 sourccs: i. Civil 

### Action. To bring a civil action for declaratory or injunctive relief immediately and effectively against any person who fails to comply with terms of a permit or any program requirement, including permit condi tions , or is presenting an imminent and substantial endangerment to the public health or wclfare, or the environment: without the necessity of a prior revocation of the permit. 9 1 Page

### ii. 

### Civil Penalties and Damages. To assess or sue to reco ve r in court civil penalties or recover eivil damages according to 

### the following:

• Civil penalties or damages assessed , sought. or agreed upon by the Tribe under this section shall be appropriate to the violation:

• These penalties or damages shall be separatel y recoverable in amounts of up to $10 ,000 per day per violation ;

• Civil penalties or damages shall 

### be recoverable for the violation of any applicable requirement: any permit condition; any fee or filing requirement; any duty to allow or carry out in spection , entry, or monitoring activities; or any regulation or orders issued by the Tribe. Mental state shall not be included as an element of proof for civil violations. iii. 

### Criminal Enforcement. EPA will exerc ise crimi nal enforcement jurisdiction over any persons on all lands within the Reservation boundaries for violatio ns of the Part 70 Program. The Tribe. however, will provide potential investigative lead s to EPA

. as agreed to 

### in the Memorandum (?f Agreeme11l Be/ween Ihe Southern Ute Indian Tribe and Ihe U.S. Environmental Pro/eclion Agency Region 

### 8 Regarding Criminal**Ef~fnrcemenl** 

### oflhe Clean Air Acl wifhin the Ex/erior Boundaries of/he Sowhern U le Indian Reservalion. 

### iv. Burden of Proof. The burden o f proof and degree o f knowledge or intent required for establishing vio lation s under 

## RAe § 2-121 shall be no greater than the burden of proof or degree or knowledge or intent required under the Clean Air Act.



### v. Permit Inspection Authority Transition. Authority to conduct inspection will immediately transition to the Tribe following permit issuance by the Tribe. Following Part 70 Program approval and issuance of a tribal Part 70 Program permit. the source will be inspected by tribal staff as frequently as deemed nece ssary by the Tribe. The inspections will include a site visit and site inspection, as well as a comprehen sive records review. The Tribe will inspect and conduct comprehensive compliance investigations in conjunction with EPA for Part 71 sources before approval of the Tribe"s Part 70 Program and during the transition period. The inspection s and investigations will 

### be performed consistent

lO I P age

### with EPA's Part 71 inspection protocol while the source is operating under the Part 71 permit. 

### 5. Program I)cnlopmcnt. According to the Fee Demonstration, the work load for the Part 70 Program will be divided among six employees. three of which are full-time employees to the Tribe's Part 70 Program (Air Quality Scientist and two Air Quality Compliance Speciali sts). The Tribe's Air Quality Program (AQP) Manager will oversee and supervise the program and program stall'. A senior-level Air Quality Technical Manager will assist the AQP Manager and provide technical assistance to the Air Quality Scientist and two Air Quality Compliance Specialists. Permit drafting and permit issuance will be 

### led by the Air Quality Scientist. Compliance and enforcement activities will be led by the Air Quality Technical Manager. The two Air Quality Compliance Specialists will conduct air compliance and enforcement activities. primarily on-site inspections. The Part 70 Program starr will all contribute to air regulation development and Commission related activities. During the first fcw years of program implementation. the two Air Quality Compliance Specialists will assist the Air Quality Scicmist and the Air Quality Technical Manager with other Part 70 Program activities. Secretarial and clerical duties wi ll be the responsibility of the AQ P Administrative Assistant. The AQP Administrative Assistant will also be 

### responsible Jor assisting all stafr with their designated projects. In preparation of program approval, the starr of the Tribe ' s Air Quality Program will auend air permitting/compliance trainings and develop model and template documents for usc in administrntion of the Tribe's Part 70 Program. The Tribe and EPA will establish a protocol for the transfer of any necessary information relevant to all current Title V Part 71 and future Part 70 sources on the Reservation. including a transfer of tools from EPA to the Tribe (e.g

.. Standard Operating Procedures ("'SOP"), checklists, electronic files. etc.). The Tribe and EPA will work together and designate EPA stafT to provide support to the Tribe's Part 70 P rogram stafr during the transition period. The Tribe will also acquire a permitting database for data sharing and data transfer with EPA. The permitting database will assist the Part 70 Program staff with tracking draft/final permits. compliance schedules. monitoring reports, inspection schedules. fees, etc. Cost and expenditures accounting codes will remain consistent with thc Tribe' s accounting practices. Development of the Part 70 Program will continue to occur throughout the life ofthe Part 70 Program. i. 

### Pcrmit \Vriting Trainings/Dc\'c1opmcot. During the transition period, the Air Quality Scientist and the t\"O Air Quality Compliance Specialists will attend a lengthy training session with EPA Region 8 Part 71 Title V Ilermit Engineers. The training will cover the topics surrounding the transition from the IJart 7\ 

### Program to 

### the Part 70 

### Program as well as training on the review of permit applications and the permit draning process. As needed, tribal staff will also attend pertinent permit writing trainings offered by the State of Colorado. EPA. NETI, ITEP, and any other organization offering courses relevant to the permit drafting process, including online training courses.
II I P ag e

### ii. Permit Inspection Trainings/Deve lopment. The Tribe's Air Quality Technical Manager and the two Air Qua lity Compliance Specialists will complete the NETI Basic and Advanced Inspector courses and the recommended trainings li sted in EPA Order 3500././or Clean Air Act StalionOlY Sources as course are availab le and travel budget allows for. They will also obtain Method 9 opacity certification s bi-annuall y, annual 1

- lazWopcr certifications. and maintain C PR and standard first aid certifications. As needed , tribal staff will also attend pertinent compliance and enforcement trainings offered by the State of Co lorado. EPA, NETI , ITEP , and any other organization thal offers courses rele vant to the air pollution source inspections. including online training courses.

12 1 Page

# Tab 10

## Southern Ute Indian Tribe's Reservation Air Program Part 70 Operating Permit Program Fee Demonstration

January 19,2012

### Table of Contents I. Purpose I II. Part 70 Program Accounting Structure I

A. General Fund 2 B. Enterprise Fund 2 C. Expendable Trust 3 O. Special Revenue Fund 3 III. Funding Sources 4

A. Transition Period Funding 4 B. Permit Fees 5 IV

. Expenditure of Funds 7 V. Analysis of Workload and Workload Needs 7 A. \Vorkload and Staff Justification 7 B. Workload Needs for Permitting Program Activities 9 I. Permit Application Revicw

. 9 2. I>evelopmcnt of Permit Terms and Co nditions

. 11 3. Publi cJEPA Participation

. .. 12 4. Issue Final Permit

.. . .. 13 S. Permit Revision

. .. 14 6. Reopening for Cause

. .. 15 7. Compliance and Enforcement.

. .. 16 8. Additional Part 70 Program Permitting Activities 17 9. Compliance Assistance.

. .. ..... ... . .. .. ..... .. .. . 18 10. Permit Fec Program Administration..

.. .. ................ .. ........ . 19 II. General Part 70**I~rogram** Managemcnt

. 19 

### VI. Periodic Review 20 VII. Amendments 20

List of Figures Figure I. Projected I)art 70 Program Annual Emission Fees C ollected 6



### List of Tables
Tabll' I. Transition Timetab ll' for Existing Part 71 Sources to the Tribes Part 70 Program 5 Table 2. Summary of Part 70 Program Estimated Costs 7 Tllble 3

. Workload Analysis for I>irect Support of Part 70 Program per Year (in hours) 8

i 

### I P age

## I. Purpose The purpose of the 

### Sowhern Ute Indian Tribe 's Resen'ation Air Program Part 70 Operating Permit Program Fee Demonstration (Fee Demonstration) is to demonstrate the Tribe"s detailed plan for funding and accounting for the Pan 70 Operating Pennit Program (Part 70 Program), and specifically to demonstrate that the fcc schedule selccted by the Tribe 

### will result in the collection and retention of fees in an amount sufficient to cover the Part 70 Program costs, as required by 40 C.F.R. 

### § 70.9(b). This Fcc Demonstration will illustrate the Tribe"s plan, as required, to use all collected Part 70 Program funds to pay for all direct and indirect costs (e.g., personnel costs) of administering and implementing the Part 70 Program under Article II, Part 1 of the Reservation Air Code (RAe). 

### The fund s shall consist of Part 70 Program fees , penalties, and interests collected pursuant to 

### Article II, Part I of the RAe

. 

### The funds will be kept in a special re venue fund which, for the reasons discussed herein , is the accounting mechani sm chosen by the Southern Ute Indian Tribe (Tribe).The organizational structure of the entities that will be responsible for administering the program was es tablished by the 

### Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State o/Colorado Concer ning Air Quality Control on the Southern Ute Indian Reservation ( IGA). The IGA established a Southern Ute Indian Tribe/State of Colorado Environmental Commission (Commission) which is responsible for establishing the rules and regulations for the Part 70 Program and hearing administrative appeals. Pursuant to the IGA , the Tribe is responsible for the implementation, day

-to-day administration, and enforcement ofthe program and should be considered the "lead agency" to facilitate communicati ons between EPA and the Tribe and Commission.


## II. Part 70 Program Accountin g Structure Both the C lean Air Act (CAA) and the RAe require that revenue from an operating pennit program may only be used to pay for the program's direct and indirect costs. Thc revenue generated from Part 70 PrObYfam pennit fees shall not be utili zed for any purpose not authorized under the CAA. Fees collected by the Part 70 Program arc to be directed into a specific tribal fund. The specific accounting system mu st be developed by the Tribc's Environmental Programs Division Air Quality Program in coordination with the Tribe's accounting structure. The Tribe considered several accounting structures. including a general fund , an enterprise fund , an expendable trust , and a special revenue fund. For several reason s, the Tribe believes that a special revenue fund is the appropriate mechanism to track funds collccted and disbursed through the Part 70 Program

. l 

### Below is a summary of each opti on

I 

### The Part 70 Program fee structure framework options described in Section II were taken from "Overview ofClean Air Title V Financial Management and Reporting" (Environm ental Finance Center Maryland Sca Grant College, EPA, January 1997)

.

1 

### I P age

### that the Tribe considered, including the reasons why the Tribe rejected or accepted the option. 

### A. General Fund 

### (fthe Part 70 Program were to be fiscally managed from the Tribe 's general fund, it would be identified as an independent account, separate from other general fund accounts. All revenue and expenditure activity (e.g., collection of pennit fees) and the costs for operating the program (e.g., staff salaries) would flow in and out of the Part 70 Program account within the general fund. Funds would not flow to 

### or from the Part 70 Program account to or from any other general fund account without legislative approval. While it would be considered acceptable under Governmental Accounting Standards Board concepts to use the general fund to account for the Part 70 Program, it is not the best choice. First of all, Part 70 Program reporting probably would not be detailed enough when using the general fund. The Part 70 Program would be merely one account among a larger group of accounts, and while general infonnation on the program·s fiscal activity is available through the general fund financial reports, the infonnation probably would not be as detailed as it would be under another government accounting fund type. More importantly, tribal general funds do not restrict transfer of resources among the many general fund accounts. Further, it is a common practice to reallocate program resources among general fund accounts. Part 70 Program resources must be accounted for separately, without interaction between other non-Part 70 Program accounts. This possibility, therefore, makes the general fund an unattractive option for Part 70 Program accounting. CONCLUSION: THE GENERAL FUND DOES NOT ADEQUATELY SEGREGATE FUNDS OR DETAIL RECEIPTS AND EXPENDITURES. 

### B. Entc rprisc Fund 

### Enterprise funds are used to account for governmental programs and activities that arc similar in nature to private sector commercial transactions. Services that require a cash outlay from the purchaser, as opposed to those services provided via tax revenues , are generally accounted for within enterprise funds. Good examples of these business-like services are public transportation systems and public utilities. Because Part 70 Program pennittees pay fees directly to the Tribe, as opposed to paying for the government program via income taxes or other sources, at first glance it seems as though the program acts much like a commercial enterprise. However, the Tribe, who collects the fees , is doing the peoples ' business and not providing a service to a voluntary customer. The Part 70 Program is neither viewed as a commercial enterprise nor this method of accounting appropriate for this specific government activity. CONCLUSION: THE ENTERPRISE FUND BUSINESS MODEL IS NOT APPROPRIATE FOR REGULATORY PROGRAMS.

21 Pagc

### C. Expendable Trust Expendable trusts 

### are employed by governments to account for resources provided to the government under a trust agreement for implementation of a specific objective. These resources are often in the fonn of donations to the government. but have also historically taken the fonn of federal grants. As opposed to a non-expendable trust, both principal and interest of expendable trust resources can be used in accordance with the trust agreement. Part 70 Program resources could be accounted for under an expendable trust structurc. Part 70 Program fees become the resources of the trust and can be expended only to implement the Part 70 Program. Expendab le trusts, however, arc not designed for recurring fees, and the accounting scheme which reflects this is not appropriate for the Part 70 Program. CO CLUSION: THE EXPENDABLE TRUST IS NOT DESIGNED FOR RECURRI G COSTS A I D FEES. 

### D. Special Revenue Fund
The decision to select onc particular fund type over the others is based, in part, on precedent. Nearly all state and local air programs manage their Title V Operating Pennit Program (Title V Program) within a special revenue fund. Special revenue funds are the backbone of government accounting structures, as most governments operate numerous special revenue funds to implement a variety of programs and activities. Special revenue funds account for financial resources , often in the fonn of federal grants that are in some way restricted or ear-marked for a specific government purpose. The pennit fees that flow into a state or tribal Title V Program arc restricted, just as a federal grant would be , even though these funds originate from private sector pennittecs and not from the federal government. Because Part 70 Program revenue may not be 

### used for any purpose other than the implementation and management of the Part 70 Program, a special revenue fund is an appropriate accounting mechanism. All revenues and expenditures flowing in and out of the Part 70 Program special revenue account arc used solely for that program and may not be co-mingled with any other special revenue fund without legislative approval. Governments may also account for Title V Program resources using a Title V account within an existing special revenue fund. For example

. a CAA special revenue fund could account for resources for Title V and non-Title V programs. In thi s situation, Title V Program resources would be restricted for use only within the Title V Program and could not be transferred outside of the fund without legislative approvaL This structure is often used for agencies in which the Title V Program is not large enough to justify segregation into a separate fund. Most agencies account for Title V by utilizing a separate special revenue fund (Title V only). while the remaining use a separate Title V account within an existing (multi-program) special revenue fund. Because they are part of the general fund. fund reports arc usually presented both as a component of the combim.'d statements for the general fund and as individual special funds. CONCLUSION: THE SPECIAL REVENUE FUND IS MOST APPROPRIATE. 

### In conclusion , the Tribe has selected the special revenue account option as the mechanism through which it will manage the funds generated from the Part 70 Program.

3 P age

## III. Funding Sources The Tribe, pursuant to the lOA and the RAe , 

### will assess fees, fines, and penalties to 

### ensure compliance with permit requirements and all other applicable air quality requirements under the RAe. Pursuant to RAe 

### §§ 2-118

- 2-122, emission fees will be collected from Part 70 sources as defined in RAe 

### § 1-103. As the existing Federal Part 71 

### Operating Penn 

### it Program (Part 71 Program) permits transition to the Tribe's Part 70 Program, the annual emission fees will be collected by 

### the Tribe after a Part 70 Pro,bJTam 

### permit is issued. Prior to issuance of a Part 70 Program pennit; the EPA 

### will continue to collect fees from existing Part 71 sources awaiting transition. Any existing Title V facility that has yet to receive a Part 71 permit from EPA prior to implementation of the Part 70 Pro&J"fam must follow the procedures described in 

### RAe § 2-106 and Table 2 of the 

### Southern Ute Indian Tribe's Reservation Air Program Transition Plan from Federal Part 71 to SOllthern Ute Indian tribe Part 70 Operating Permit Program. A. Transition Period Funding
The systematic transition is detailed within a separate document titled 

### Southern Ute Indian Tribe ' s Reservation Air Program Transition Plan from Federal Part 71 to 

### Southern Ute Indian Tribe Part 70 Operating Permit Program January 19, 

### 2012 (Transition Plan). That document outlines how, and on what schedule, the existing Federal Part 71 Program pemlit will be transitioned to the Tribe's Part 70 Program penn it. The transition of all existing Part 71 Program pennits to Part 70 Program pennits will take place over a three year period after the effective date ofthe approval ofthe Tribe's Part 70 Program (40 C.F.R. 70.4(b)(1 I)(ii)) and RAe 

### § 2

- 107(4)(a)). 

### Table I below represents the timeframe of when each of the existing Part 71 Program penn its will be transitioned to the Tribe's Part 70 Program.

41 P agc

### Table I. 

### Transition Timetable for Existing Part 71 Sources to the Tribe's Part 70 Prol!rarn. 

## : = BP Four Quccns 

# " t Central FacililY ::. RC CapOlc CS E

........ 

### = - SR Warford Ridge CS 

### " " g;o 

### a; RC Elk Pain! CS 

### " 

# - . ,

- - BPTS", CS 

## r::
. : = BPTS #2 CS 

### " ;:, BP TS #6 CS BP TS #4 CS
BP TS #7 CS RC Animas CS RC Diamondback CS SR Howard Salt Waler Disoosal Xcel Encmv Tiffanv CS 

# - " RC Coyolc Gulch TP 

# .. Williams PLA·9 COP 

### " BPTS #4A I:: CP SunnySide CS 5 .-. 0 OM BP TS liSA 

# .. Williams**I~cio** Plant 

### " " 

# •**~.** El Paso Bondad CS 

# - CP menta CS 

# = " 

# ... . " 

# .. Oondad Landfill 

# ! RC Bondad CS 

# - - r::-: TW La Plata A CS 

# a. SR Jaques CS 

# = • E- 

## • " NW La Plata 0 CS 

## e'"' BP Salvador VII 

# .. .. " e 

# 0 RC Arkansas Loop and 

# • • RC H omestead CS Simpson Treating 

### • • 

# .. c 

# - :t 

# -

# .. Plants R

C Trail Canvon CS

## ~! BP TS #6B 

## : = ¢**~~** RC Pumo Canvon CS 

# :a. Dr TS #8 

# · - I I 

## • • Br Dry Creek

- 0 

# ... H RC Spring Creek CS 

### ;: Co mpressor Facility 

### • 

# " Dr Iron Horse CS 

## .s .. DP TS #7B 

## " 

# ... • 

## = 

## • c 

### J: RC La POSla CS RC Outlaw CS 

# - SR South "macio 

## • .2 RC Sambrilo 

# g BP Miera 

# • OP Florida River 

# , Br Wolf Point 

### The Part 70 Program permit applications will 

### be received in three stages according to the schedule sct forth in RAC § 2-106 and the Tribc · s Transition Plan. Once a Part 71 Program penn it has been transitioned to a Part 70 Program penn it, the source shall pay annual emission fees to the Tribe as sct forth in the RAC. Until the Tribe issues a final Part 70 Program pcnnit to a source each source shall continue to pay annual emission fees to the EPA according to its Part 71 pennit. The first annual emissions fcc due for a source transitioned to a Part 70 Program pennit will be pro-rated with any fees fo r emissions released under the Part 71 Program permit paid to EPA and any fees for emissions released under the Part 70 Program pennit paid to the Tribe in accordance with RAC 

### § 2·118 and the Part 70 Program pennit. This absence of fees during the first few years of implementing the Part 70 Program creates a monetary need 

### as the Tribe cannot immediately collect fees, and therefore, cannot fund the program until a Part 70 Program pennit is issued. As a result, EPA granted the Tribe S325,OOO in Fiscal Year 2011 and S142,OOO in Fiscal Year 2012 using 

## eAA § 103 grant funds for the Tribe's development and implementation of the Part 70 Program. At the end of sixth year of program approval, the Tribe's Pan 70 Program will 

### be a self

-supporting program. 

### B, 

### Permit Fees
Under the CAA, pennit and emi ssion fees collected must be sufficient to cover all direct and indi rect pennit program costs (RAe § 2-118). Pennit fecs are set. for the most part, at the discretion of the pennitting authority. The Part 70 presumptive minimum fee

5 1P agc

### rate for thc 12-month period from Septcmber 1,2011 to August 31, 2012 is $45.55 per Ion. For calendar year 2012, the Part 71 annual fec rate is at $47.11 for each ton of regulated fcc pollutants cmitted by the Part 71 source. Fedcral rcgulations also allow for a program to establish additional fees, other than emission-bascd fees, that arc necessary to cover program costs, such as application fccs, pcnnit proccssing fees, and inspection fees. Pursuant to the RAe § 2-119(1 )(a), the initial emission fee rate to be collected by the Tribe is set at $50.00 per ton of fee po\1utants emitted in the calendar year plus the ePI percent adjustment factor. The $50.00 per ton plus the eP I percent adjustment factor is the applicable fcc rate for years following the Tribc's Part 70 Program base year program approval. Following the effective date of tile approval ofthc Tribc's Part 70 Program, it is cstimated that the annual emission fees col1ected based on the Tribe's proposed emissions fee ratc will bc sufficient to cover pennit program costs starting at the end of the sixth year without the addition of other types of fees. The annual emission fees collected from Group I, following issuance of the Part 70 Program pennit, during the third year of the program will be used to support the program during the fourth year and so on. The Tribe, however, may change its fee structure if necessary to cover any increasing or decreasing costs. It 

### is estimated that the proposed fee rate will be sufficient to cover pennit program costs after all existing Part 71 Program pennits are transitioned to the Tribe's Part 70 Program. The total estimated emission fees for a ealcndar ycar, plus the cstimated projected 2% ePI increase based on the current Part 71 sources' annual emissions data are summarized in Figure I. 

### The three year transition plan for the Tribe's Part 70 Program also demonstrates that the Program will only collect a portion of thc annual emission fees from thc existing 44 Title V sources, because fees cannot be collected until the Part 70 Program pennit has bcen issued (RAe 

### § 2-118). Based on the transition plan outlined above and the assumptions regarding the amount of fee pollutants emitted by the existing 44 Title V sources on the Reservation, the following figure outlines the projected annual emission fees collection during the first six years of the Tribe's Part 70 Program. 

### Fi ure 1. Pro' ected Part 70 Proaram Annual Emission Fees Collected 

### Pro j ected Part 70 Program Annual Emission Fees Collected Wi th Estimated Consumer Price Index Growth at 2% $500,000 $420,144 $342,521

$115,565 $49,315 

# I $- 

# - 2013 2014 2015 2016 2017 Years $- 2012 $- $200,000 $100,000 $300,000 $400,000

6 P ageFigure I : The fee pollutants associated with each source were taken from the Federal Part 71 Fee Calculation Worksheet (FEE Form) for calendar year 2009 that were submitted by sources in compliance with their Pan 71 Program permi!. The Tribe's Pan 70 Program will only collecl a ponion of the emission fees from the exisling 44 Tide V sources , because the fees cannot be collected umil the Pan 70 Program pennit has been issued (RAC § 2 4 118). By the end of Ihe sixth year, the tOlat annual emission fees collected from the existing 44 Title V sources will be sufficienllO co\ 'er Pan 70 Program costs. 

## IV, Expenditure of Funds The Tribe will use the funds generated from the Part 70 Program 10 

### employ staff to administer the program and pay for direct and indirect costs. The Part 70 Program administration costs will include, but are not limited to, reviewing applications, conducting hearings, reviewing and addressing comments, issuing pcnnits, conducting inspections, and enforcement activities. The summary of the estimated Part 70 

### Program costs and staff justification, shown in Table 

### 2, is based on the number of existing Part 

### 71 sources located on the Reservation and includes cost estimates for implementing the Tribe ' s Part 70 Program. 

# s Table 2, ummary of Estimated Part 70 

### Pro ram Costs E

.. timlltl'd F.Slillll1lt'd F :" limatl'd E"timated Purl 70 J'rognull activities, direct AnnulIl AUlIllal Anuual Annulil and indirN't l'osh Costs Co"t

.. Costs Costs**n"l~** FY"'5 H " 16 10""17 Personnel costs (3 Full-time, 3 pan- $342.155 $343,900 $354.553 $365.228 time Part 70 Pro£f3.m stafTt') Tra

... el and trainin2S S14.619 $13,719 SII,919 SII,919 Consumable sUDolies and materials S 13,000 $ 13,000 $13,400 S 14.000 Building rental! $2.000 S2,OOO $2 ,000 $2.000 communlcatlollSlutilities Gas. oil. repairs and maintenance for $3.800 $3,800 $3 ,800 $3,800 Title V insocction vehicle Contractual services $13,013 S13.013 SI3,OI3 $3,800 Capital exoenditures $0 SO $0 $0 Indirec t costs (8% of total direct $28,897 $28,954 $29,626 $29,722 costs) Total I'lirt 70 I'ro"ralll COSIS**$~J7,48~ $~lfU8!'** **$~28.3JO $~30A69** 
• fhe three part-lime Part 70 Program stafTwlll be funded through other CAA grants to fund their remaining salary to meet full-time position status (t.O FfE). Sec Attachment I for budget details. 

### Expenditures from the special revenue account will be made in accordance with established tribal budget policies and procedures. 

## V, Analysis of Workload and Workload Needs A. Workload and Staff Justification 

### As noted above, the existing 44 Part 71 Program pennits will be tran s itioned to Part 70 Program permits over a three year period. Forty of these existing Part 

### 7 1 sources are natural gas compressor stations, three are natural gas processing plants and o nc is a municipal solid waste landfill. The detailed workload analyses contained in this fcc demonstration take into account the time sct aside for pennit drafting and compliance and

7 P e

### enforcement activities, including inspections. Miscellaneous penn it related activities such as public review are accounted for in the penn it drafting stage of the pennit drafting workload analysis. The workload estimates were gathered from EPA Region 8 pennitting and compliance staff. Below is an overall activity breakdown associated with the direct support of a Part 70 Program for the first, second and third years. Details such as elements of each activity and the time each element requires arc discussed in the following section. Table 3. Workload Analysis for Direct Support of Part 70 Program per Year (in hours) Firsl Second Third Part 70 Program Activities Year Year Year ( h rs) (hrs) (hrs) Pcnnit application review (initial) 22\ 338 468 Pennit tenns and conditions development 

### 1313 2314 3273 Public/EPA Participation (init ial , renewal, and significant 650 1\44 \584 Dennit revisions) I ssue Final P ennit 39 39 54 Pennit Revisions \00 229.75 491.25 Reopening for Cause \47 \47 \47 Compliance and Enforcement 580 935 2010 Additional P art 

### 70 Program Pennitting Activities 50 495 530 Compliance Assistance 369 369 369 Penn it Fee Program Administration \80 180 180 General Part 70 Program Management \624 \272 \240 Total hours worked supporting program per year 5273.0 7462.8 10346.3 Total hours worked supporting program per year 

### + 10% 5800.3 8209.0 11380.9 Full time employees necessary to support program per 3.1 4.5 

### 5.6 ycar 

### Based on the detaik'd workload analysis contained in this fee demonstration, the Tribe plans to divide the work load for its Part 70 Program among six employees, three of which are**full~time** 

### employees to the Tribe's Part 70 Program (Air Quality Scientist and two Air Quality Compliance Specialists). The Tribe's Air Quality Program (AQP) Manager will oversee the Air Quality Program and supervise the program staff. A senior

-level Air Quality Technical Manager will assist the AQP Manager and provides technical assistance and guidance to the Air Quality Scientist and two Air Quality Compliance Specialists. Pennit drafting and pennit issuance will be led by the Air Quality Scientist. Compl iance and enforcement activities will be led by the Air Quality Technical Manager. The two Air Quality Compliance Specialists will conduct air compliance and enforcement activities, primarily on-site in spections. The Part 70 Program staff will all contribute to air regulation development and Commission related activities. During the first few years of Part 70 Program implementation, the two Air Quality Compliance Specialists will assist the Air Quality Scientist and the Air Quality Technical Manager with other Part 70 Program activities. Secretarial and clerical duties will be the responsibility of the AQP Administrative Assistant. The AQP Administrative Assistant will also be responsible for assisting all Part 70 Program staff with their designated projects. All of the prcviously

81 Pagc

### stated activities related to pennit drafting, permit issuance, compliance and enforcement, as well as Commission and administration activities are included in Table 3. B

. \Vorkload Needs for Permining Program Activities Program Description- This sub

-section covers all activities associated with the review and issuance of Part 70 P rogram permits, including activities before receipt of a Part 70 Program application, during review of the application , and duri ng or after issuance of the pennit. Also included arc any initial reviews, as well as a completeness determi nation, draft ing, issuance, revisions, public participation and review of regulations and policy guidance. Assumptions

I. Full time employees (ITE) will work 40 hours per week excluding lunch hours and paid FederaVfribal holidays. Full time employees 

### will be subject to the definition and policies of the Southern Ute Indian Tribe Personnel Policy Manual No. 81-1 and any reVISIons. 2. As of January 1,2012, there arc 44 Part 71 sources operating on the Reservation. The Title V permitting universe is consistent with EPA's Part 71 Program permits and accounts for the transition of the existing Part 71 Program permits to Part 70 Program perm its. The Title V permitting universe includes the existi ng Part 71 sources identifi ed in Section lII , Table I of this document. 1

. Pe rmit Applicati on Review Plain Language Description- This task includes all activities associated with the review of an existing Part 71 source applying for a Part 70 Program pennit. General Description

- Part 70 Program permit application review includes the following:

• Pre-application meetings, when applicable

• Completeness review of permit applications

• Technical analysis of application content

• Review ofcomp liance plans, schedules, and compl iance certifications

• Issue receipt Ictter(s) to facility, EPA , and affected Permitting Authorities

• Request additional data/information, if necessary
• Issue complctcnt.'Ss determination lettcr(s)

• Establish facility file

• Transmittal to EPA

9 lPage

### Table B.I.I \Vorkload Estimate for Permit Application Revie w (in hours ) IIrs / Simpll' llrs/Complc.\: Activitv: I'l'rmit aOlllication review (lnitian Pl'rmit Permit I)re-annlicatioll meetinl:!s (wher e annlicable) I I Co nmlete ness review o f annlicatiolls 2 4 Technical analvsis ofaonlication conte nt 4 8 Review of comnliancc nlans, sc hedul es, and co mollanc e certifications I 4 Issue**n.~eint** leiter s to f aci li tv, EPA and alTected Perminin' Authori ties I 1 Reauest additional datalinfonnation, if necessarY 4 4 Issue como leteness detennination letter(s) 1 1 Establi sh facility liIe/data entrY 2 2 Transmittal to EPA of a**co~y** ofnennit aoolication for review 1 1 Totul 17 26



### Table B

. 1.2 Three Year Workload Estimate for Permit Application Review (in hours)

First Yellr Ilrs/Simple Ilrs/C omplex AnnulIl \\'orkhtad I'ermit I)erlllit Eslillllltc Activity: Initi al P,rt 70 Program penni t 221 0 221 application review Se('ond Y('ar Ilrs/Simpl£' Ilrs/Comph.'x AnnulIl \VorklOlld '·crmit Permit Estimatc Activity: Initial P,rt 70 Program pennit 0 338 338 application review Third Yt'ar Ilrs/Simple Ilrs/C omplex Annual Workload Permit Permit Estimate Activity: Initial Part 70 Program permit 0 468 468 application review

10 I P age

### 2. Development of Permit Terms and Conditions Plain Language Description- This task includes all activities associated with the development of all tenns and conditions ofthe Part 70 Program pennit. General Description

- Development of pennit tcnns includes the following activities:

• Incorporate standard pennit requirements and operational flexibility provisions (e.g., AOS and offpenn it conditi ons)

• F ill in gaps within applicable requirements (e.g., periodic monitoring and testing)

• I ncorporate appropriate compli ance conditi ons (e.g., inspection , entry, monitoring, and reporting)

• Identify and incorporate "Commission only" requirements

• Develop source-specific pennit limitation (e.g., CAA section 112 dctenninations)

• Develop appropriate shield provisions

• Review for enforceability

• Draft Statement of Basi s
• Transmittal to EPA 

### Table B.2.1 \Vorkload Estimate for Permit Develo ment (in hours) Activit): I) {'\('!opm{' nl of I}{'rmil t{'rllls lind l'onditiOlls IIrsiSimpl{' Jlrs/Compl{'x J1rslGas I)HlIlit I'{,flllit I'!lull Incorporate standard permit requirements and operational 10 20 20 flexibility provisions (e

.g., AOS and offpem\it conditions) Fill in gaps ....**~thin** applicable requirements (e.g., periodic 10 20 20 monitoring and testing) locorporate appropriate compliance conditions (e.g., inspection 2. 40 48 and entry, monitoring, and reporting) Identify and incorporate "Commis sion-only" rcgulation 5 5 10 requirements Develop source-specific pennit limitations (e.g., CAA section 2. 40 40 112 determinations) Develop appropriale shield provisions 2 2 4 Review for enforceability 5 '0 10 Draft Statement of Basis 24 40 48 Transmittal to EPA ofdraft permil and Statement of Basis I 1 I Tolal 101 178 201

11 Pag.:

### Table 8.2

.2 Three Year Workload Estimate for Permit DeveloDmcnt (in hours) Ilrs/Simpl(' Ilrs/Comple'\: Allnual First Y('llr Worklu.td Permit !'ermit [stimate Activity: Pennit tenns and condition s development 

### Illl 0 1313 ( Initial, Renewal, and Significant Permit Revisions) II rs/Simpl(' II rs/Colllpl('x Annual Second Year Workload I)ennit Pennit Estimale Activity: Pennit tenn s and co nditions deve lopme nt 0 2314 2314 (Initial, Renewal, and Significant Pemlit Rcvisions)
Ilrs /Simple 11 rs/Colllpl('\: Anllulll Third "l'ar Pel"nlit & Worklo:ul Pl'rmit Cas I'hull [stimale Activity: Permit terms and conditions development 0 

### l27l 3273 (Initial, Rencwal, and Significant Pcmlit Revisions) 

### 3. Public/EPA Participation Plain Language De scriotion- This task includes all actlvlttes relatcd to t he public participation process assoc iated with issuance of a new or renewal Part 70 Pro,bJTam pennit as well as any significant revisions. General Description- The public participation process includes the foHowing activities:

• Notices to the public, affected states, and EPA for issuance, renewal, and revision to operating pennits

• Responses to comment received

• Hearings , as appropriate, for issuance, renewal or revision to operating pennits Transmittal to EPA ofnecessary documentation for review

• Response to EPA comments/objections

• Review and respond to pennit challcnges

• Petition s for EPA o bjection s
• Rc-draft pennit if necessary Table 8 .3.1 Workload Estimate for Public/EPA ParticiDation (in hours)**Activi~·:** Public/ EPA ParticipatioTl (Initial. Renewal. and Significallt Ilrs/Simple I-IrsiComplex

I'ermit**Re\"i~iollsl** Permit I'ermil Issue notices to public, affected States and EPA l or issuance, renewal, significant revisions (including staff time and publication costs) 4 4 ReSpOnd to commcnts r ceeived durinJ!. public particination 16 24 Hold public hearings (as appropriate) lor issuance, renewal, significant revisions, (including preparation. administration, response and documcntation) 5 10 Transminal to EPA of necessarY documcntation ror review 5 10 Rcsoonse to EPA comments/ob"cctions 5 10 Review and resoond 10 oennit challcn 'cs 5 10 Petitions ror EPA ob" ections 5 10 Re-draft oennit when necessarY 5 10 Total ::;0 88

### Table 8 .3. 2 Three Year \Vorkload Estimate for Public/E PA Participation (in hours) IIr

.**~illlple** 1I rs1 Compte, .\nnual Firsl ' ear \\ orklolld I'ermit Penni! ESli llllll e Activity: Publi c- EPA Participation ( Initial, renewal and 650 0 650 signiticant revisi ons) II rslSi mple IlrvCo mple'l: Anllual Second Year \\ orklond I)('rmit I)('rmi l [slimale AClivity: Public/ EPA Participali on (Initial, renewal and 0 1144 1144 significant revisions) IIrSiSimp l(' IIrsoCompl(', \nnun l Third' ear Workl oad I )rrmil Permil f: sliruale Activity: Public/EPA Panicipati on (Initial. r enewal and 0 1584 1584 significant revisions)



### 4. Issue Final Permit Plain Language Description- This task includes all activities related to the final issuance of a Part 70 Program pennit. 

### General Description- The issuance of a final pennit includes the following activities:

• Update facility file and data entry
• Copy /mail final pennit and full copies (as requested)

• Transmittal to EPA 

### Table 8.4.1 \Vo rkload Estjmate for Final Permit Issuance (in hours ) IlrS/Simplr IlnwCompl ex

.\cthil\ : Hnal Permillssuallce Permil Permit Uodate facility file dala entrY 2 2 CODy/mail affinal oennit and fuJI cODies (as reQuested) I I Transmiualto EPA of linal ocnnit and Statement of Basis I I Tolnl 3 3 

### Table 8.4.2 Three Year \Vorkload Estimate for Final Permit Iss uance in hours)

Firsl , foar**IInw~illlple** IIrlwCo mple, \nnual \\ orUoad Permit Permit [stimlli e AClivity: Final Part 70 Program pennit issuance 39 0 39 Second' ear lin /Simple**Ilr siCo** **mple~** AnllUlli \\ 'orklolld I )crllli! Permit Eslimal(' Activity: Final Pan 70 Program penni! issuance 0 39 39 Third Year IlrsiS impl(' IIrs/Complex Allllual \\ orklolld I'('rmit Permit Eslimale Activity: Final Part 70 Program pennil issuance 0 54 54

13 1 P ac

### 5. Permit Revision Pl ain Language Deseription

- This task includes all activities related to 

### the adm ini strative, minor, significant, and offpennit amendments to Part 70 Program pennits. General Description· Pennit revi sions include the following activities:

• Administrative pennit revis ions, pennit review, process transfer, facility change without pennit revision (e.g., ADS and ofTpennit change)

• Minor pennit revisions

• Significant pennit revisions Table 8.5.1 Workload Estimate for Permit Revisions (in hours)

Acti\'i ty: P{'rmit H.{'visions Ilr s/Simpll." Ilrs/Co mpl{':\' Ilrs/I'{'rmi t P{'rmit )){'rmit Gas Pl:mt Administrative pcmtit revisions, pemtit review, process 25 43 50 transfer, facility change w/o pennit revision Minor pennit revisions 50 87 100 Significanl pennit revisions (Same procedural process as 75 130 150 initial and renewal penn it) Totlll 15U.0 259.5 300.0

I emtlt reVISIon estlll1.ttes based on averaged EPA Part 71 pennlt m odIficatI on actIvitIes from 2008-20 I l. 

### Table 8.5.2 Three Year Workload Estimate for Permit Revis ion s in hours) Ilrs/S implt, II rs/C ompll':\ Annual First Vl'ar Workload !'ermit I'crmit [stimat{' Ac tivity: Pennit revisions (Initial. Renewal, and Signilicant 100 

## a 100 Pennit Revisions) Ilrs/Simplt' Ilrs/Complex Annual Second Y('ar Workload ('l'rmit Pl'rmit Estimate Activity: Pemtit revisions (Initial. Renewal, and Significant 100 130 229.75 Pennit Re visions) Ilrs/Simpl<- Ilrs/C omplex Annual Third Y{'llr Workload )){'rmit I'{'rmit Estimate Activity: Pemtit revisions (Initial, Renewal, and Significant 175 316 491.25 Pennit Re visions) 

# . , , 

## .

141 Pagc

### 6. Reopening for Cause Plain Language Description- This task includes all acti vities related to the reopening of tribally-issued Part 70 Program pennits. General Des cri ption- Pennit reopenings include the following act ivities:

• Not ification 30 days before reopen ing

• Publi c notice

• Address pennit as appropriate Table 8

.6.1 Workload Estimate for Reooenine for Cause (in hours) Activity: Rl'opening for Ca use IIrsiSilllple Ilrs/Complex I'l'rlllit '" 2 * Permit x 3* Notification 30 days before reopening to pennitee 4 4 Public notice of intent to reopen or revoke or reissue a pennit 4 4 Addr ess permit as appropriate to satisfy r eopening for c ause action 33 57 Total 82 65 ·11 IS estImated that two sImple pemlltS and three comp lex penmts reopened annually.

15 1Pagc

### 7. Co mpliance and Enforcement Plain Language Description· This task includes all additional activities related to compliance tracking and enforcement of all Part 70 sources. Other activities include inspections in conjunction with EPA for existing Part 71 sources during the transition period. General DL."Scription- Compliance and enforcement activities include the following:

• Re view source file and compliance schedules

• Re view ofmonitoring reports and compliance certifications

• Ensure tests are perfonned

• Inspections, travel to/from facility

. and audits

• Report writing and data entry

• Complaint investigation (unscheduled investigation)

• Preparation and issuance ofnotices, findings, and letters of violation

• Development ofcases and referral s up until the filing ofthe complaint or order

-These ofcompliance and enforcement aCIlVlllCS are o n a case-by-<:ase ba:o;l!'i. 

### Table B.7.1 \Vorkload Estimate for Compliance and Enforcement (in hours) IIrsiS i mpl(' IIn lCo mpl('x Ilrs/I'('rmil

.\ clh·in' : ConlDliance and Enforcement Pennit Perlnil Coa

... I'lanl Source file review (C.2

.. review ocrmit and SO B l 

### 8 

# I. 24 Compliance schedule review (e.g

.. receive and review schedule. resolve discrenancies) 

# • I. 24 Qualily assurance monitor. if applicable (e.g

.. review excess cmission reports. compliance lest audits. pcrf o mlancc soecific81ion tcslS) 

# • I. 24 Review semi-annual reoons 

# • I. 24 Review annual compliance cenifications 

# • I

. 24 Ensure Slack lesting is performed in accor dance with FPA reference methods (e.l!:. on-site observations. ifneccssarv) 

# • • • Site inspection 7 

### 14 28 Travel to/from the faci lity and associated meetings (e

.g .• records review) 

### 8 8 24 Renon writ in' 

### 40 80 120 Data entry 

### 2 2 2 Complaint In vestil1ation unscheduled investigation) 

# • • • Ii oid enforcement confer ence meetin.s 

# • • 

# • Issue appronriatc nOlices. findings. and letters of vio lation 

# • • • De"elop cases and referral" up to the point of filing of the complaint order 

# • • • rolal 95 

### 190 300



## ... . "

16 1Pagc

### Table 8

.7.2 T hree Year \Vorkload Estimate for Compliance and En forcement (in hours) lIrs! Jlr s! Ilrs!Permit Anllual

First Yellr Simpl(' C omph

. ·'\; Cas Ilhmt \Vorkload Permit P('rmit Esfimat(' Activity: Compliance and Enforcement (· Pan 70 Program s t aff panicipate in EPA inspections of Pan 71 sources and enforce 380 0 0 580· Part 70 pemlit·issued sources) Ilrsl Ilrsl II rs/Pl'r 1lI i t Annual S('cond Y('ilr Simpl(' Compll' X Gas Ill:lllt Worklolld Permit Permit Estimaf(' Activity: Compliance and Enforcement (· Pan 70 Program staff participate in EPA inspections of Pan 71 sources and enforce 855 0 0 935· Pan 70 pcmlit-issued sources) lin! Jlrsf II rs/P('rmit Annual Third Y('llr Simpl(' Compl('x GllS I'l:lllt Workload Permit Permit ':sfilll:lf(' Ac tivity: Compliance and Enforcement (Part 70 penn it-issued 0 1710 300 2010 sources)



### 8. Additional Part 70 Program Permitting Activities Plain Language Description

- This task includes all add itional activities relat ing to the other sections of the Clean Air Act which are also needed in order to issue and implement Part 70 

### Program pennits. General Description- Additi onal Part 70 

### P rogram penni tting activities include the following:

• PSDINSR pennits iss ued pursuant to Part s C and 0 ofT itle I ofthe CAA

• Applicabili ty dctcnninatio ns for other CAA requirements as they apply to Part 70 

### sources T able 8.8.1 Wo rkload Estimate for Additional Permittin2 Activities (in hours) Ilrs/Simptl' Ilr sfColllpl('x

.\cthit,,: Additional pl'rmittinl! :ll'ti"iti('s I'cnnit P('rmit PSDfNSR pennits issued 10 Pans C and D of Tille I of the CAA 5 

### 25 Applicability detenninations for other CAA requirements as they apply to Pan 70 sources 5 30 Total 10 

### 55

l7 1P agc

### Table 8.8.2 Three Yea r Workload Estimate for Additional Permitting Activities (in hours) II rslSi mpl(' Ilr"/C ompk'l: Alllltllli

First Year Workload Pl'rmit I)crmi t Estimate Activity: Additi onal Pcnnitting Activities 50 0 50 II rs/Simplc Ilrs/Complcx AnnulIl Second Year Workload I>cfmit P{,fmit Estimal{' Activity: Additional Pcmlitting Activities 0 495 495 IlrslSimph> Ilr s/Complex Anllual Third ¥{'ar Workload Permi t I'l'rmil Estillllll{' Activity: Additional P eml itling Acti vities 0 530 530


### 9. Compliance Assistance Plain Language Description- This task includes all activI ties relating to 

### the assistance provided to the public and sources by the Part 70 Program. General Description- Compliance assistance includes the following activities:

• Counseling to help sources detenninc and meet their obligations under the Part 70 Program

• Outreach/publications on Part 70 Program requircments

• Direct Part 70 Program pennitting assistance to cxisting and potcntial sources 

### Table 8. 9.1 \Vorkload Estimate for Co mpliance Assistance (in hours Ann ual

Aelhity: CompJiallcl ' As

.. istann'**(Alin uall~**  Workload Estimate (Ilrs) Co unseling to help so urces detemline and meet their obligations under the Pari 70 260 Program Prepare outreach/publicati ons on Part 70 requirements 55 Direct Part 70 Program permitting assistance to existing and potential sources 54 Total 369

18 1Page

### 10. Permit Fcc Program Administration Plain Language Deseription

- This task includes all activIties relating to collection and management of Part 70 ProbTJ"am fees collected fro m sources. General Description- Permit fee program admini stration includes the following activities :

• Fee demonstration projection and review

• Fee collection and administration

• Periodic cost accounting (in 

### hours) Ad
00 ° 

### F P f 

### P 

### T bl B 10 I W kl d E to



# • c 0 ° 

### or 0' 

### s IDlate 

### or ernut cc 

### rogram mlOlstratlOn Al'tivily: Pl'rmil Fl'l' Admiuist r:ltion AnnulIl Workload [stimall.' (hrs) Fee demonstration pro j ec ti on and review 60 Fee collection and administration 60 Periodic cost accounting 60 Total 180


### 11. General Part 70 Program Management Plain Language Description- This task includes all activities relating to the general air program management necessary for the issuance and implementation of Part 70 Program permits. General Descri ption

- General Part 70 Program management includes the following act ivities:

• Modeling and analys is (as ne(,.xled basis)

• General program administration and technical support (program administration, assistance from EPA Region 8 staft)

• Data management (tracking ofpennits , reporting)

• Accounting mechani sm for segregation ofTi tle V costs from other air program costs

• Planning, Commission business, and stafftrainings 

### Table B,I1.1 Workload Estimate for General Part 70 Program Manaeement in hours) first Sl'cond Thil'd ACli\iIY: P:lrt 70 Progralll Managl'lllclIt Ycar Ycar Ycar (hrs\ lhrs\ fhrs) Develop. update and r evise legislation and regulations, policy 200 100 100 'uidances, Dcmlittinl!!colTlPliance procedures, as necessary General orOl!: r aJll admi nistration and tcchnical suooort 200 200 200 Modelin' and analvsis (as needed) 

# • • 

# • Data mana 'cment 100 40 40 Planning 500 500 500 SU IT/CO Environmental Commission business 240 240 240 Part 70 Program stafTpennitting and compliance trainings and 384 192 160 certificat ions Total 162-1 1272 12.tO

19 1 Pa g c

## VI. Periodic Review This Fec Demon stration 

### will be subject to periodic review. Elements of the periodic 

### review include, but arc not limited to: the Part 70 Program fees, charges and projected revenue , as well as analysis and review of historical cost data and level of service to account for the addition of new Part 70 sources and applicable programs to the Tribe's Part 70 Program. 

## VII. Amendments This Fee Demonstration may be amended from time to time as necessary.

20 lPage

### ATTACHMENT I:

Estimated Part 70 Program Costs

• FY' 13 October I, 2012-September 30, 2013 (Year I)

• FY'14 October I, 2013-September 30, 2014 (Year 2)

• FY'15 October I, 2014-September 30, 2015 (Year 3)

• FY'16 October I, 201S-September 30, 2016 (Year 4)

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Thomas Lee Johnson, c.P.G. 

### P.O. Box 

### 2895 Durango, Colorado 81302 

### 970-764-4670 (Home) 97Q.;l85..1242 

### (Office) Email: Thomas L Iohnson@blm.gov
WORK SUMMARY



### • Southern Ute Indian Tribe

- Environmental Programs Division Head

- Since May 2010

• Natural Resource Specialist (NRS)

- BLM/FS

- San Juan Public Lands Center -12 months



### • Hydrologist/Hazmat CollatcralfNRS

- BLM

- White River Field Office

- 13 months

• Hydrogeologist/Projcct Manager for a global env ironmental/engineering/ design firm for industrial and federal clients

- 12 years
• Coal Geologist for a mining company and an independent consultant -10 years EDUCATION: M.S. Gcology (1994). Universityo£ New Orleans, New Orleans, Louisiana 70148 

### Master's Thesis: Stratigraphy and Pumping Test Analysis at a Hazardous Waste Disposal Facility, East Baton Rouge Parish, Louisiana B.A. Earth Sciences 

### (1981). University of Northern Colorado, Greeley, Colorado 80639 WORK EXPERIENCE: 

### Enviro nmental Programs Division Head (5 / 2010

- Present) Southern Ute Indian Tribe, Ignacio, Colorado 

### 81137 Serves as the Division Head for the Environmental Programs Division, which includes Air Quality, Water Quality, Compliance, and Brownfields Programs. Responsible for making available resources in the programs area 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
. Natural Resource Specialist (3/2008

- 5/2010) Bureau of Land Management, San Juan Public Lands Center (SJPLq, Durango, Colorado 81.302 Served as a BLM lead for preparing NEPA analysis and performing regulatory compliance for oil and gas activities on federal and Indian land s, principally within La Plata County, CO. 

### Activities included field inspections for siting of oil &: 

### gas facilities to minimi1..e environmental impact through compliance with ElS/EA conditions of approval, lease stipulations, and applicable federal regulations; review of site specific biological assessments for potential impacts to 

### fish and wildlife habitat and compliance with the Endangered Species Act; implementation of BLM visual resource management criteria; investigation of spill incidents and facilities for pollution controls and provides general support to preserve historic, scenic, and recreational values

. Provided geologic, hydrolOgic, and surface management technical assistance to BLM and Forest Service management and staff, as requested

. Ensure oil gas operators were conducting activities per regulations, stipulations, conditions of approval, and BLM standards to protect air, water and land resources.HydrologistjHazmat CollateraV Natural Resource Specialist (11 /2006

- 3/2008) Bureau o f Land Management, White River Field Office (WRFO), Meeker, Colorado 8164 0 ::.1'---

_ ReRponsible fol' application of engineering, science, and natural resource management principles to the execution of a comprehensive surface protection and complian<:e program for fluid minerals and oil s hale development. As hydrologist, primary role was in support of the WRFO's Soil, Water, and Air (5WA) program with collateral duties as the area Hazmat coordinator. Represented the SWA program in coordination of National Environmental Policy Act (NEPA) analyses on a variety of environmental assessments to include: rangeland, oil & gas activities, pipeline installation. and uranium. coal, and oil shal e explorati on . Provided support to the realty section on pipeline comp liance inspections and negotiations with pipeline opera tors to resolv e cited deficiencies. Active member of an interdisciplinary team preparing a Resource Management Plan Amendment (RMPA) for oil & gas activities in the WRFO. Supported resource specialists on surface and grou ndwater is sues including remediation of soil contamination at well pads, installation and sampling of g roundwater monitoring systems, environmental regulations , and health and safety requirements
. Served as task lead for an air data coJlection inventory for the RMPA. Performed surface monitoring activities on a uranium drilling program to assure compliance with the explorati on permit and conditions of approval. Provided coordination WitJl DRMS on the Skull Creek coal mine fire abatement project. As Hazmat Collateral. provided expertise on hazmat issues which required responses to promiscuous waste dumping, vehicle roll-overs, oil production facility spills, a diesel spill at a mineral exp loration pad, a pipeline construction site fuel spill , and two sept'tc waste dumping incidents. One diesel spill resulted in the lease holder performing a remedial action to remove 30 CY of contaminated soil. Actively worked with county and state officials on wastewater disposal issues related to oil and gas operations. HydrogeologisvProject ManagerjProject Consultant (12/ 1994

- 7/2006) CH2M HILL, 1515 Poydras Street

- Sui'e 2110, New Orleans, LA 70112-3723 Responsibilities included pro ject management, supervision of hydrogeologic investigations, constru ction management, data cva luation/intl?.rpretati on, and technical report preparation for submittal to regulatory authorities. Technical report coordinator for numerous regulatory submittals induding Resource Conse rv ation Hecovery Act (I{eRA) reporting, Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) program submittals , and various state and federal Agreed Order submittals. Project manager and/or scnior technical consultant O n numerous subsurf ace hydro logic investigations. Routine activities included. project management, preparation of detailed groundwater evaluations, interpretation and analysis of well logs and o the r geologic data, aquifer characterizat ion, preparation of detailed technical reports, senior-level techni cal reviews , construction s ite management, health & safety supervisor, and mentor for junior level staff. Major EPA CERCLA program projects include remedial investigati on s and remedial action projects consisting of: an abandoned metals foundry, an abandoned creosote and w oo d preserving facility , a residential area in a former lead mining district, and an abandoned solid waste landfill. Other projects included soil and groundwater investigations and regulatory reporting activities at chemical facilities and a major petToleum refinery. Supported EPA and the Federal Emergency Management Agency (FEMA) on several emergency disaster response projects related to Hurricane Katrina. Served as site safety coordinator for the New Orleans office and for specific field projects.

PACE201'4Representative Project Descriptions: Team M ember, EPA Katrina Impacts Assessment, Multiple Louisiana CERCLA Sit-es. Team member on strike team to perform an emergency assessment of impacls from Hurricane Katrina on six EPA CERCLA sites in Louisiana. Performed initial site inspections and supported follow-on data collection programs to evaluate hurricane impacts on the site remedial designs. Site Manager, EPA Central Wood Preserving CERCLA Site, East Feliciana Parish, LA. Site manager for an EPA remedial action (RA) at a former creosote and wood treati ng facility. The pri nciple contaminants of concern were arsenic, chromium, copper, and PAHs. 

### The remedy included thermal treatment of approximately 

### 9,000 CY of soil material and offsite disposal of approximately 30,000 CY of soil material that exceeded remedial goals and land disposal restrictions (LDRs). The project scope consisted of the removal of 

### 12 former site buildings and associated piping and 

### V51's, clearing and grubbing of the 14-acre site, detailed s urveying of the areas of excavation, excavation of impacted soil, geotechnical and chemical sampling of backfill and topsoil borrow sou r ces, health and safety and construction oversight of soil excavation contractors, health and safeLy and compliance monitoring of cons tru ction activiti es of a mobile onsite low-temperatu re thermal desorbtion unit, co mpliance monitoring of incinerator stack tes ting and stormwater permit parameters, backf ill placement.. and final site reclamation. The project also included excavation and backfill of contaminated sediments in 

### a pcrmUlial stream (riparian system) and associated streambed restoration activities. Responsible for general site management, preparation of technical specifications, approval of engineering drawings, subcontract doc umentation, oversight of all subcontractors and field support staff, and served as EPA liaison to state and local agencies and the community. Project Co nsultant, EPA Tar Creek CEnCLA Site, Ottawa, County, OK. The site is a former lead/ zinc mining district of app roximately 40 square miles. Sup ported the program in the assess ment of borrow source materials needed for the remediation of over 500 residential properties on privaLe property and Indian lands. The project included assessment of source alternatives, review of historical data, coordination 

### of field sampling activities, reporting of analytical and field sampling results, reserve calculations, and presentation o f resu lts to EPA Region 

### 6 staff. Also supported projecl staff in technical report preparation and/or s eni or review of CERCLA submittals, and performed an assessment of abandoned mine working. Project Manager, Chevron Phillips Chemical Co, St. James Parish, LA. Project manager and technical consultant supporting groundwater investigation activities at a styrene monomer facility. Activities included imp lementation of an annual grou ndwater monitoring well inspection program, groundwater investigations in co mpliance with the L o uisiana Risk Evaluation Corrective Action Program (RECAP), pre-construction groundwater assessments, semi-annua l and annual groundwater monitoring and reporting, and remediation well system evaluation. Responsible for meeting technical scope requirements, cost and budget control, and maintaining the project schedule. Project Manager, EPA Ruston Foundry CERCLA Site , Alexandria, LA. Project Manager for t he Remedial Investigation (RI) of an abandoned foundry si te in a residential neighborhood. 

### TIle principal contaminants of concern included arsenic, copper, lea d, and zinc The proj ect included a s igni.ficant field investigation and humflll health an d ecolog'ical risk assessme nt,>. This included ecological sampling to assess impacts to a riparian ecosys tem bordering the site and an assessment of lead concentrations in soil adjacent to residential structures.

I'A GF. 30F4PrincipaV Consulting Coal Geologist (6/1983 8/1991) Thomas L.10hnson, Inc., Consulting Coal Geologist, (Denver, CO; St. Louis, MO) Consulting coal geologist responsible for 

### Ole planning and management of numerous coal and mineral exploration and development projects in the United States and Australia, Projects included geologic planning for su rface and underground coal and indush'ial minera ls properties, supervision of exploration programs, data acquisition and management, and permit compliance. Permitting activities included: federal and s tate mine permit applications, soil and hydrologic surveys, NPDES permits, mine reclamation plaruling, including direct communications with federal and state regulatory agencies, Field activities included: management of small diameter drill hole projects, health and safety management-, water well installation/ monitoring/ sampling, soil sampling, geologic logging of core and cuttings samples, geoleclmical logging of core samples, s up ervision of geophysical logging, coal gas sampling, supervision of site reclamation activities, field mapping projects

- VLF, magnetometer, and shallow seismic surveys, geologic mapping of surface and underground mines. Inlerpretation of geologic data including: data acquisition, quality assurance/quality control, database management, interpretation of geophysical data, composit ing of analytical data, use of computer-based geological modeling software, cons tIucting isopach, isopleth, and structure contour maps, geologic cross-secti ons, and coal depositional environment studies. Reporting activities included: routine reporting of field and office activities, preparing fully-do cu mented geological reports, making recommendations regarding geologic and exploration activities.
Staf f Geologist, (6/1981

- 6/1983) Natomas Coal Company, Inc. (Subsidiary of a Fortune 500 Company), Denver, CO Responsible for all coal exploration and mine development activities in the Western United States, induding property evaluations , management of drilling projects, mine support and field support for subsidiary companies. Activities included: federal coal lease evaluations in the Manti LaSal National Forest, Emery County, Utah. Lead geologist on an exploration program on the Trail Mountain Federal Lease Tract. Responsibilities induded preparation of federal permits, proj<...><:t schedule and budget, and supervision of field activities for drilling and seismic programs. Responsible for providing technical support to the company's muW-state mining operations. Many of these operations were acquired through acquisition, and required exceptional "people skills" to promote LTust and harmony within the organization, 

### PRO I'ES S IONAL CERTIFICATIONS / ME M 8ERS H IPS American Institute of Professional Geologists (CPG No. 8707, since Feb 1993) American Institute of Professional Geologists Colorado Section Member Four Corners Geological Society Air & Waste Management Association

PAGE40F4

## Brenda Jarrell P.O. Box 737 M$#84 Ignacio, Co lorado 81137 Office: (970) 563

-4705 ext. 2246 Email: bjarrell@sQuthcrnute.nsn.us OBjECTlY", Plan, develop, and administer the Southern Ute Indian Tribe Air Quality Program as the Air Program Manager. EXPERJENCE, February 2010· Present Southern Ute Indian Tribe Air Quality Program Ignacio, CO Air Quality Program Manager

• Administrative and technical overs ight ofthe day

-ta

- day prog ram operations.

• Supervision of five Air Quality personnel.

• Ensure air quality plans and projects are achieved in a manner consistent with goals and objectives of the Environmental Programs Division, Justice and Regulatory Department and the Tribe.

• Prepare and/o r direct preparation of required documents and reports as necessary by the Tribe and EPA for continued CAA§ 103 and CAA§ 105 grant compliance, to include work plan development, progress reports, and budgets.

_ Work in coordination with individuals and organizations (e.g., Tribal departments/divisions , Tribal Cou ncil, and State/ Federal agencies) providing oversight through review, development, recommendation and/o r approval of ongoing projec ts such as the Title V Part 70 Program and its application and Proposed Minor Source Program

.

- Establish and maintain a working relationship with Tribal officials, Tribal legal staff, industry representatives, local and federal agencies, and the public.

_ Participate in EPA inspections with EPA Region 8 staff.
Febru ary 1
- 11 , 2010 Southern Ute Indian Tribe Air Quality Program Ignacio, CO Acting Air Quality Program Manager

_ Administrative and technical oversight of the day * to

-day program operations and report to Acting Environmental Programs Division Head.

_ Supervis ion o f five Air Quality personnel.

_ Ensure air quality plans and projects are achieved in a manner consistent with goals and objectives of the Environmental Programs Division, Justice and Regulatory Department and the Tribe.

_ Prepare and/o r direct preparation of required documents and reports as necessary by the Tribe and EPA for continued CAA§ 103 and CAA§ 105 grant compliance, to include work plan development, progress reportS , and budgets.
June 2008

- January 2010 Southern Ute Indian Tribe Air Quality Program Ignacio, CO Air Quality Scientist _Assisted the Air Quality Program Manager with the development , review of the Part 70 Program and its requirements. a Review Reservation Air Code o Develop of the building blocks (e .g. , Developed Permitting SOPs , Part 70 Permit Applications, Research state/federal rules and regulations)

.

_

Tracked cu rrent EPA issued Part 71 Title V Permits operating on the Reservation (e .g. , update permit information in

- house database, update annual fees/emissions, file permits).

- Responded to air quality complaints.

- Assisted the Senior Air Quality Specialist with 2008 Emission Inventory. -Parti cipated in EPA Inspections and me review with EPA Region 8 staff.

- Assisted Air Quality Program Manager with comp leting CAA 103 Workplan deliverables.May 2006-June 2008 Southern Ute Indian Tribe Air**~ality** Program Ignacio, CO Senior Air Quality Specialist

- Ensure the twO air monitoring sites are meeting EPA air monitoring requirements and Air Quality Program's Quality Assurance Project Plan. o Submit QNQC data to AQS and Southern Ute DRUM newspaper (monthly data) o Complete/submit data repoTts upon request o Update QAPP/sOP as necessary

_Supervised one Air Quality Analyst.

_Provided cost estimates on air monitoring equipment to Air Program Manager for budget purposes.

- Ass isted the Air Qual ity Program Manager with completing CAA 105 Workplan deliverables.

_

Assisted with Passive Ammonia collaborative research with EPA Region 6. Publication: "Baseline ambient gaseous ammonia concentrations in the Four Corners area and eastern Oklahoma. USA". Journal of El1vironmentaJ Monitoring, 2008, 10 , 1319

- 1325. January 2006

- May 2006 Southern Ute Indian Tribe Air**~ality** Program Ignacio, CO Air Quality Analyst

- Maintained two air monitoring shelters (Ute 1 and Ute 3).

- Conducted quality control checks (Z/SlPs, multipoint verifications. audhs) on air monitoring equipment.

- Assisted with updating Tribal Air Quality Program QAPP and SOPs.
EDUCATION: May 2004 Fort Lewis College Durango, Colorado

- Bachelor of Science Degree, Major : Cellular and Molecular Biology, Minor: Chemistry
June

-August 2004 IBM/NSF Summer Research Internship, Almaden Research Center, San Jose, CA Publication: "Sequence

- Independent Helical Wrapping of Single-Walled Carbon Nanotubes by Long Genomic DNA ", Nano Letters, 2006, Vol. 6, No.2, 159

- 164.
CERTIFI CATESfrRAlNING,

- Eastern Technical Associates, Visual Emissions Evaluator certified, September 2009-March 2010, Certification No. 376877

- Certificate of Completion: Hazmat Awareness, Instructed by Durango Fire and Rescue Authority, August 2009

- NET! Basic Inspector Course, November 18· 21, 2008

- Colorado Department of Public Health and Environment Odo r Observation Certification, April 2008- April 2009

- ESRI Certificates of Completion: Introduction to ArcGIS I, ArcGIS Spatial Analyst, ArcGIS Map Design
MEMBERSHIP / INVOLVEMENT

- Member of the Air and Waste Management Association

- Tribal Air Monitoring Support (TAMS) Steering Committee. October 2008

- 0ctober 2011

- Tribal School Air Toxics Monitoring Planning Group, 2009-2010

- TAMS Center Gravimetric Lab subcommittee, 2009 2010

- EPA Protocol Gas Verification Program subcommittee, 2009-2010

- Southern Ute Indian Tribe/State of Colorad o Environmental Commission panicipant. 2006

-present

_Four Corners Air Quality Task Force , Monitoring Work Group, 2006

-2008PO**Ho~** 737 MI)# lW. IgnacIO

. co &1 137 (970)563-4705**C~l** 2201**khund~1\l1** wulhcm-ulc nm u, 

# KYLE HUNDERMAN
OBJECTIVE
As the Southern Ute Indian Tribe Air Quality Scientist to assist the Air Quality Program Manager with technical and regulatory tasks within the Tribal Air Qualiry Program.
WORK EXPERIENCE Ignacio, CO Southern Ute Indian Tribe Air Quality Program



### • April 2010- Present Air Quality SClellti st Assist thl! Air Program**M~nager** with Polrt 70 Permittinll Program appliciltion and related requirements Assist the Air Program Manager with the development of thl! Minor Source Program Update thl! ReseNation stationary air pollution source emissions database and emissions inventories Participate in on-site Inspections with USEPA Responsible for tracing current part 71 permits on thl! ReseMtion Assist the Air I'fogram MOInagerto complete work plans as stated In the USEPA 103 Grant fundmg

Feb. 2009·April 2010 Southern Ute I ndian Tribe Air Quality Program Ignacio, CO Air Quality Allalyst AsSISl: II'l the deYeloprMnt of the MII'lor Source and**as~ted** fOOTlS AsSISl: the A6 Quaity II'l**cond~** pre-appIil;auon, appkatJon. and permiI: negotiation meemp WIth indUSUlal !oOUfCeli and/or IeP counsel Aw5t the A6 Quality in ..- ... Iacity ertlISSIOIl and ......entone CoordWIate wM Iol;.;Il and industry contacts to obtain and ;my otMr nwlOl'**~n!lated** infonnatJon Respond to cibm'I and/ot CNmI«/oper.rtDrS of air emissions sources. addressinc quesoons and concerns reprdq; pern'lIftinc issues, rules and**resu~** f>r@paf@requftddocuments and and preser1mJOl'lS as lor the deYe!opment of the MII'lOl'Source PJow;1m

• Conducts rese¥ch and contacts local induS(ry and state perrmt\Jl'l8 agencies to obtain**inl~tion** n!lated to the Minor SotIra! 

# """"" Sept. 2006

-Aug. 2008 Griego Lock and Key Durango, CO Mobile l.ocksmith/MI1I111ger Responsible for runmng shop afld scheduling alilocl<smithinll and alarm system**Inst~lIations/repalrs** Performed locksmithing for scheduled/emefllerocy jobs

• WOOed asemergency mobile unit on call 24/7

EDUCATION
Fort Lewis College Graduatio n Date; May 2006 Durango, CO

• BS. Environmental Policy (Student Consouaed)
REFERENCES
References are available on request.

### LORRISA HUBBARD PO BOll 737 MS#84 · Ignacio , CO 81137 · (970) 563
-4705 ext. 2223 • Ihubbard@southern-ute. n sn .US

OBJEOIVE'
EDUCATION: Seeking position where my eltperience may be useful in a growth situation
Northern Arizona University, Flagstaff, AI. Bachelor of Science Degree in Environmental SCience 

### I Biology Emphasis (2004)
Everett Community College, Everett, WA Associate of Arts and Science Degree in Environmental SCience (2000) WORK EXPERIENCE : SOUTHERN UTE INDLAN TRIBE I ENVIRONMENTAL PROGRAMS DIVISION 06/2011- present AIR QUALITY PROGRAM Ignacio, CO Position : Alr Quality Compliance Specialist Duties : Assists with coordinating and conducting technical and regulatory tasks within the Permitting and Enforcement Sections cfthe Tribal Air Quality Program; assist in reviewing Title V Operating. Minor SourC@,Constructionand Nuisance Permits; review facility emission and monitoring reports, compliance certifications, excess emissions, inspection reports, and inventories; assist USEPA in conducting inspections of Title V sources; observe performance tests of major sources; interact with industry representatives for inspections; assist with development of air quality codes and regulations for the Tribe ; attend staff meetings, Air Team meetings, public meetings and training
NAVA.lO NATION ENVIRONMENTAL PROTECTION AGENCY / OS/2009 -06/2011 DEPARTMENT OF AIR QUALITY, OPERATING PERMIT PROGRAM Fort Defiance, AZ Position: Environmental Specialist Duties: Conduct compliance inspections of all Title v facilities on the Navajo Nation ; ensure that emission standards are in accordance to permit conditions; perform field observation and develop inspection reports; review and critique air quality permit applications; maintain air quality emission inventory; coordinate with other departments, agency, representatives, community leaders; investigate complaints regarding air quality; educate the general public on air quality issues
NAVAJO NATION Oil AND GAS COMPANY / UPSTREAM DEPARTMENT 06/2006
- OS/2009 St. Michaels, AZ Position: Geotechnical Associate Duties: Research, request, and organize incoming exploration seismic data, well logs, and drilling reports; construct map locations of oil wells using Geographix GeoAtlas for geologist and geophysicist; manage exploration data which includes replication of data onto digital format; create from origin, digital database using Excel and Access; train interns in scanning and organizing geological maps and files into digital records; initiate and organize conference meeting for consultants and contacting professionals outside the company; create posters of oil exploration and seismic activity to inform the general public
UNITED STATES DEPARTMENT OF AGRICULTURE / OS/2002
- 08/2003 NATURAL RESOURCE CONSERVATION SERVICE Flagstaff, AZ Position : Engineering Intetn Duties : Assist engineering staff with surveying future irrigation fields using GPS Trimble survey equipment; help create i rrigation and livestock water pipeline designs using the Terramodel sohware, which includes pipe diameters and locations; training on soil modules to determine type of soil
NORTHERN ARIZONA UNIVERSITY /INSTITUTE FOR TRIBAL ENVIRONMENTAL 11/2001- OS/2002 PROFESSIONALS/ ENVIRONMENTAL EDUCATION OUTREACH PROGRAM Flagstaff , AZ Position : Student Worker Prepare and organize environmental awareness workshops for grade school teachers; network to high school and college students using the internet on summer programs or jobs; assist with weekend science classes for middle school students

### Pagel Resume af L. Hubbard

NAVAJO ENVIRONMENTAL PROTECTION AGENCY 

### I SUPERFUND PROGRAM 06/2000
- 08/2000 St. Michaels, AI. Position: ITEP Intern Duties: Main research project to develop contact and location files on existing sheep dip vats in need of remediation; contact Navajo Nation chapters to acquire history and locations of vats; calculate coordinates of each vat; create presentation for Environmental course UNITED STATES GEOlOGICAL SURVEY 07/1994 -10/ 1995 Flagstaff, AI. Position: Phvsical SCience Aide Duties: Assist Vokanologist with identifying aerial photos of the southwest and locating on tOpOgraphic maps; analyze collected data to determine scientific geological relationship of dikes to its regional location; reproduce geological maps by using light table; color maps by hand NORTHERN ARIZONA UNIVERSITY / DEPARTMENT OF ENGINEERING 09/1993
- 05/1994 Flagstaff, AI Position: Student Worker / Undergraduate Laboratory Assistant Duties: Assistant the Environmental Engineer Professor in building a pilot-sile drinking water treatment system to remove constituents from the drinking we ll for the Hopi H igh SChool; preparation and assist with experiments; anal'fle water samples; kept laboratory dean for students
JOB RELATED • Basic Inspector Training-Online (2012)

• 4().HR HalWoper Training (2011)

, H2S Training/Benzene (2011)

, Blood Borne Pathogens (2011)

, San Juan Contractor Orientation (2011)

, Permit/SOB Writing Training EPA (2011)

• Completion of MSDS Training (2011)

• Oil & Gas Training for Air Quality (2010)

• GIS for Air Quality (2010)

• Fire Extinguisher (2010, 2(07)

• Inland Oil Spill Response (2008-2009)

•**141~** Annual Petroleum Conference (2008)

• Basic Petroleum Geology (2008)

• Secrets of Microsoft Access (2008) • Bas ic Plus-C PR , AED, First Aid for Adults (2011)

• Managing Mult i ple Projects, Objectives and Deadlines (2011)

• BasicPlus-CPR , AED, First Aid for Adults (2011)

• EPA Method 9 Visible Emissions (2009, 2011)

• Completion of Driver Safety Training (2011)

• Safety Training for Red Cedar Facility (2011)

• Conflict Resolution/Stress Mgmt (2010)

• First Responder Operations 24-hr (2010)

• Pipeline Damage Prevention (2008-2010)

• AutoCad Fundamentals (2009)

• Remediation & Restoration of Brine (2008)

• FEMA· Jntroduction to ICS (2ooS)

• Petroleum Accounting (2008, 2006)

• Geographix GESXplorer (2007)
AFFILIATION:

REFERENCES: • American Indian SCience and Engineering Society (1993 • 2001)

• Phi Theta Kappa (2000) Upon request

# Cody 

# C. Mason

Contact information 

### Cod) C. Mason Southern Ute Indian Tribe Environmental Program s Divi s ion. Air Qualit) PO Box 737 MS #84.lgnaeio

. CO 81137 Olliee: (970) 563-4705 exl. 2265 Cllluson lisouthcm-utc.nsn.us
Education 13's. Geology. April 20 I I Magna cum laude 

### Fort Lewis Co llege. Durango. Co lorado Overall G.P.A

. 3. 65 /4.0
Research/work interes ts Environmental sc iences. Quaternary dating methods. geologic mapping
Work Experience November. 20 II-present Air Qualit) Compliance Specialist for the So uthern Ute Indian Tribe's Environmental Prog rams Department. Job Description: Assist with coordinating and conducting technical and air regulatory task s within the Tribe' s Part 70 Program. Supervisor: Brenda Jarrell. Olliee (970) 563-4705
2011 N.A.G.T.lU.S. Geo logical Survey Intern Geologist. Job description: Ass ist in geological mapping , sl1lllp ling

. sampler preparation and analysis, and other duties related to the Rio Grande Basins Project. Supervisor: Cal A

. Rulernan

. U. S. Geological Survey Research Geologist. Geol o gy and Environmental C hange Science Center P.O

. Box 25046 Denver Federal Center MS 980 Denver. CO 80225 cru lcman II usgs.gov olliee :(303 ) 236-7804
200-t-2007 instructional Assistant at So uth s ide Community School. Jo b description: Running a computer lab for elementary age stu denl s. Supervisor: Janet Dougherty Olliee (520) 62 3 7102 Page 1 of 2

# Cody 

# C. Mason

I-I o nors/awards 

### 2011 N.A

.GT.lU.S.G.S. I nternsh ip 20 II D ea ns' Li s l 20 I0 Eugene M. Shoemaker Outstanding Senior in Geology Award

Pa ge 2of2Air Q ua lity Techni ca l M ana ger
SUI).:RVISOR: Air Quality Program Manager G RAn E: 23 DEI )A RTMENT/DIVIS ION: Justice and Reg .lEnvironmental Programs FLSA STATUS: Non Exempt POS IT ION S T ATUS: Full Time PR EPARED I IY: Johnson/Jarrell DATE: AP P ROVED: I )OS I T ION SUMMARY: Under general supervision of the Air Quality Program Manager. coordinates. supervises and conducts technical and regulatory tasks within the Enforcement Section of the Tribal Air Quality Program. ESSENT IAL DUTIES AN D RESPON SIBI LITIES: I. Oversees the Enforcement Section of the Tribal Ai r Quality Program and reports to Air Quality Program Manager. Provides technical assistance, advice and guidance to Air Quality pennitting staff regarding new and existing Clean Air Act (CAA) regulatio ns, policy, and guidance. 2. Oversees and moni t ors of field inspections of major and minor air pollu tion sources on the Reservation to detemline compliance status
. 3. Develops, revises, and finalizes inspection reports for air pollution sources. 4. Makes applicability dctcrminations in accordance with the CAli. and Tribal Air Codes and regulations. Reviews and analyzes compliance status of regulated air pollution sources. 5. Extensive knowledge ofthe CAli. to identify. direct, conduct, and complete compliance and enforcement actions on air pollution sources as necessary. Initiate and ensures resolution of enforcement actions against violators o f the CAli. (e.g., organizes and collec ts the necessary data for enforcement actions, prepares and issues notices of violation). 6. Interacts with industry representatives for inspections and enforcement actions. 7. Provides technical assistance an d guidance 10 the I'crmilfing Sec/ion of the Air Quality Program to review, Title V, Minor Source and Nuisance Permits. 8. Provides technical assistance and guidance to the I'ermilfing Sec/ion of the Air Quality Program to review Operating and Construction Penn its, includ ing review of federal or state Prevention of Significant Deterioration (PSD) pennitting actions. 9. Works closely with EPA in their oversight with the Air Quality Program (Le., end of year reporting, high priority violations meetings. ctc.) and with Tribal Legal stafTregarding enforcement actions. 10. Reviews facility emission and monitoring reports, compliance certifications and inventories; may include development and review of Reservation stationary air pollution source database and inventory. Reviews and/or prepares dispersion modeling analyses. II. Develops enforcement polices. technical guidancc documents to bc uscd in dircct implementation of Tribal Air Codes, and regulations for the Southern Ute Indian Tribe. 12. Responsible for scheduling the work and the assignment oftnsks and duties to Air Quality pennitting and enforcement stafT. 13. Provides oversight and supervision of up to three (3) full-timc Air Quality Program personnel.14. Assists the Air Quality Program Manager and works in coordination with individuals and organi/..3tions to include Tribal departments and divisions. Tribal Council. State. and Federal agencies. providing technical advice through review. recommendation. and/or approval on ongoing and proposed air quality projects involving complex technical and legal issues such as penn its. Tribal Air Codes. regulations. and lega l correspondence. 15. Assists the Air Quality Program Manager with personnel management to include recruitment. orientation. training. scheduling. perfonnance evaluations. disciplinary. corrective actions. tenninations. and maintaining a health and safety program. 16. Attends staff. public meetings and trainings as requested

. 17. Participates in a positive. supportive. team oriented environment. and provides mentoring to Air Quality penniuing and enforcement staff. 18. Perfonns otherjob-related duties as assigned. QUALIFICATIONS: Must have a Bachelor of Science degree in Engineering. Environmental Science. alUral Science. or related field. Must have a minimum of5 years ofapplied experience in air pennitting and compliance. Must have one*year of stalTsupervision and schedu ling

. Must have computer experience in word processing and spreadshcct programs. including database applications. Must have general knowledge of Federal and State environmental law s. Must possess the ability/experience to read, understand

. and interpret Tribal. State. and Federal regulatory document s (e.g

.. applicable regulatory requirements on a typical '"major" natural gas compressor facility). Must have ge neral knowledge of indu strial processes (e.g .• general operation of a natural gas compressor facility). Must have valid Driver's license for state of residency and be insurable under the Tribal Vehicle In surance Polky

. Must pass Criminall

- lis t ory and Colorado Centntl Registry Checks including fingerprint check. Must pass pre-employment drug test.

I' REn: RR ED QUALIFICAT IO NS: Ten years experie nce in a technical and regulatory air quality field with program. project. and stalT management responsibilities. Experience in Geographic Infonnation Systems to include Arcvicw and Global Posi tionin g Systems. Experience in air pollution. chemical. mechanical or environmental engineering (schooling or work related) is preferred. Knowledge of EPA enforcement and pennilling. Clean Air Act regulations and app licabilit) detenninations. and settlement orders. Applied e"perience with a Federal or Slate air quality regu lato!') agency . LANGUAGE SKIL.LS:Ability to communicate clearly and accurately. orally and in wril1 en format. Ability to prepare reports, and present facts and information

. MATHEMATICAL SKILLS: Ability to estimate and review air po llutant emissio ns, Ulilizing techniques such as emissions factors, engineering/statistical calculations, material balances, and source testing. REA SON IN G AB ILITY: Ability to maintain strict confident iality at all times. including the ability to recogni ze si tuation s in which confidentiulity is requi red. Ability to establish and maintain elTective worki ng relationsh ips with Tribal Officials. Tribal stafTand rllllllagc rs. coworkers. various state. county and federal agencies. and the public. Ability to exhibit confidence in judgment and decision making. Ability to work independently with minimum of supervision. Ability to identify sources that emit air pollutants (e.g., point sources. area sources, fugitive so urces , and mobile so urces; including being able to ident ify each emission point among several at one fac ility). Ability to read, understand, and interpret regulatory doc uments, industri lll now diagrams and schematics. Ability to define problems. collect data, analyze emissions data, establish facts and draw valid conclusions.
PHYSI CA L R EQUI R

..: MENTS: Lifting a minimum of20 pounds may be required. Work will involve walking and standing on rough terrain with une ve n surfaces. Work requires the usc of all fingers and hands to rmmipulate small tools and instruments. Position involves periods of standing, sitting, walking, bending , cli mbing and kneeling. Work will require the usc of comp uters with exposure to video display terminal s. the need to work in front of a computer tenninal for extended periods of time and some repetitive motion associated with data entry und the use ofa comp uter mouse. Adequate hearing is required to hear /talk with all individuals. and to usc telephones on a consistent basis.

WORK l<:NVIRONMENT: Work is perfonned in an onice setting and ou tdoors with some exposure to environmental stress. Work may require exposure to industrial haznrds (as part of facili ty inspec ti ons) s uch as confined work areas, noise, and chemicals. Work may require exposure 10 hOI and cold weather conditions. Work will involve driving Tribal vchicles. The noise level in the work environment wi ll vary from low (omee setting) to high (industrial setting). Frequent communication with penn it ap plicant s. Tribal employees and other individuals on a daily basis, including telephone as well as face-to-face interaction.STATEMENT OF UN DERSTANDI G I have read and understand the above position description. I assert that I am able to perfonn the essential job functlons. mcelthe physical requirements ofthis position. and satisfy the expectation for regular attendance.

EMPLOYEE SIGNATURE

SUPERVISOR S I GNATURE 

### - DATE

DATE

# Tab 12RESOLUTION NO. 2012- 22 RESOLUTION OFTHE COUNC IL OF THE SOUTHERN UTE INDIAN TRIBE 

### January 30, 2012 WHEREAS, authority is vested in the Southern Ute Indian Tribal Council by the Constitution adopted 

### by the Southern Ute Indian Tribe, and approved November 4, 1936, and amended October I, 1975, and August 27, 

### t 991. to act for the Southern Ute Indian Tribe; and WHEREAS, the Tribal Council is empowered under Article VIl, Section I(e) of the Tribal Constitution to protect the health and general welfare of the members of the Tribe and pursuant to Article VII, Section 1(0) afthe Constitution, the Tribal Council has the power "[t]o protcct and preserve the property, wildlife and natural resources ofthe 

### tribe;" and WHEREAS, 

### in its March 9, 2011, Federal Register notice of its proposed interim approval of the Title V Operating Pennit Program for the Southern Ute Indian Reservation, the U.S. Environmental Protection Agency dctennincd that certain changes had to be made to the Southern Ute Indian Tribe/State of Colorado Environmental Commission's Reservation Air Code in order for the Tribe to receive full Title V Program approval (76 FED. REG. 12926, 12930 (March 9 , 2011»; and WHEREAS, as authorized by the Tribal Cooocit, the Tribe's Air Quality Team recommended the EPA-required changes to the Environmental Commission at its meeting on looe 2, 2011; and \VHEREAS, the Southern Ute Indian Tribe/State of Colorado Environmental Commission made the EPA-required changes to the Reservation Air Code, effective August 8, 2011;and WHEREAS , the Tribe's Environmental Programs Division, as the Tribe's division responsible for fulfilling the Tribe's obligations under the 

### Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State o/Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation, together with the Tribe's legal counsel, has recommended that the Tribal Cooocil authorize the submittal of a request to EPA for full Title V Program approval ; and WHEREAS, the Tribal Council has considered the recommendation and has determined that submittal ofa request for full Title V Program approval is in the best interest of the Tribe. NOW, TUEREFORE BE IT RESOLVED, that the Tribal Cooocil hl.Teby approves the submittal of a request for full Title V Program approval to EPA

- Region 8.

### RESOLUTION NO. 2012-22 Page 2 January 

### 3D, 2012 BE IT FURTHER RESOLVED , that the Chairman of the Southern Ute Indian Tribal Council is hereby delegated the authority to execute all documents necessary to carry out the intentions ofthis resolution. This resolution was duly adopted on 30th day ofJanuary, 2012

.



### Mr. 

### l a. es M. Olguin, Vi hainllan Southern Ute Indian Tribal Council



### , CERTIFICATION This is to certify that there were ( 6 ) of the regularly elected Southern Ute Indian Tribal Council members present at the above meeting, at which ( 5 ) voted for, and ( 

# a) against, it being a quorum and the above resolution 

# was passed, the Chainnan not being pcnnitted to vote in this ins tance due to a Constitutional provision.