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 ofColorado Environmental Commission. The changes made by the

Environmental 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 listed under 112(b)

ofthe nean Air Act.

2. '111e "Major source" definition has been modified to include the updated definition for

purposes of regulating greenhouse gases as part ofthe Pre\>ention of Significant

Deterioration/Title V Greenhouse Gas Tailoring Rule (GHG Tailoring Rule). See75 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 Oivision 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 CONTENTS

EPA's Clean Air Act Interim Approval of Title V Operating Permits Program;

Southern Ute Indian Tribe (76 FED. REG. 12926, 12930 (March 9, 2011» 1

Resolution No. 2011-4 of the Southern Ute Indian Tribe/State of Colorado

Environmental Commission adopting the EI)A-rcquircd changes to the Reservation

Air Code 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 definitions for "' Emission unit" a nd "Major source" 5

Reservation Air Code with EPA-required changes 6

Confirmation Notice of Direct Final Rulemaking on EPA-Required Changes to

Reservation Air Code and Title V Operating Permit Program 7

Copy of Email Notice of Confirmation Notice (with Proof of Publication) 8

Revised Transition 1>lan 9

Revised Fee Demonstration 10

Updated Resumes and Air Quality Technical Manager Job Description 11

Resolution of the Southern Ute Indian Tribal Council authorizing submittal

of request for full Title V Program approval 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 ofsection 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, disproportionately 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 change any

regulatory requirements. This action

merely corrects and clarifies existing

requirements.

Ust ofSubjects 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

AGENCY

40 CFR Part 70

[EPA-R08-0AR-2011-OO15; FRL-9277-9]

Clean Air Act Proposed Interim

Approval of Title V Operating Permits

Program; Southern Ute Indian Tribe

AGENCY: Environmental Protection

Agency (EPA].

ACTION : Proposed rule.

SUMMARY: 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 10 the contact indicated

below.

AODRESSES: Submit your cOlllments,

identified by Docket ID No. EPA-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

(EPA), Region Ii, Mailcode BP-AR. t595

W)'nkoop Street, Denver. 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-20tt0015. 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 submit 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 ~anonymousaccess" 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 comment.

Electronic files should avoid the use of

special characters. any form of

encryption, and be froo of any dofects or

viruses. For additional information

about EPA's public docket visit the EPA

Docket Center h01T1opage at http://

IVIVlI'.opa.gov/c{J<1homcldocket~·. htIII.

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 available 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 INFORMATION 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.

SUPPLEMENTARY INFORMATION :

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 dated
Federal Register 1Vol. 76. No. 461 Wed nesday, March 9. 20111 Proposed Rules 12927

January 14, 2009 and the subsequent

Supplement to Application for Approval

ofthe 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.

Table ofContents

l. General Infonn.tion

11.. What Should I Consider as I Prcpllnl My

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 VPrugnull

E!t:menls

C. Criminal Enforc:elllont Mrn\orlmdum of

Understanding

IV. Evaluation of the Tribo's Titlo VProgrtIm

Elements

A_ Analysis of the Tribcl's Titlo V Program Submission pUl'lluant to 40 U ·R 70.4(b)

I. Complote Tille VProgram Description

2. Resulations Compromising the Title V

"",,",m

3_ Lexal Opinion

4. ReTc\"lUlt Title VPrognun Documentation

5. Compliance T~ing

6. II.ppliClllion Completen_

Dctenninalion

7. Fee Demonstration

8. Statement of Adequate Personnel

9. SubmiNiion Commitment

10. "aUure to lNiue Pennit in a 'rimely

Manner

,1. Transition Plan

12. orr Permit Changes

13. Expeditious Pennit Revisions 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 Permit IssulIr1cc.

Ronuwal. Re-oponinRs and Ro visions

lJ. Options fot ApprovaJlDbupproval tUld

Implications

V What action is EPA taking?

VI. Statutory and E>:ocutive Order Reviews

I. Gcnerlll Information

A. What should I consider('s I prepare

lII,vcommentsfor EPA?

I. Submitting CHI. Do not submit this

information to EPA through http://

IVU"1I'_regulations.go" or 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 does 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. Tips for Preparing Your Comments.

When submitting comments, remember

to:

a. Ident ify the rulemaking by dockel

number and other identifying

infonnation (subject heading. federal

Register 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 estimate in sufficient detail to

allow for it to be reproduced.

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 or CAA) as amended (1990J.

EPA has promulgated rules that define

the minimum elaments of an interim

approval of 1\ Title V Optlra ling permits

program for slate and tribal permitting

authorities. Tho corresponding

standards and procedures by which the

EPA will approve. oversee. and

withdraw approval ofstate and tribal

Title V operating permits programs can

be found at 57 f'R 32250 (July 21. 1992)

and 63 FR 1322 (January 10.2000) and

codified at 40 crn part 70.

In additioll. as part of the t 900

Amendments to the GAA. Congress

enacted Section 301 (d) authorizing EPA

to -treat Indian tribes 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 eligible Indian tribes 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 ofspecific GAA program

submiual and implementation

deadlines. This is because. among other

reasons (discussed at 59 FR at 43.964-

65). although the CAA contains 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.

Thus. Indian tribes are gonorally not

subject to CAA provisions that spocify

a deadline by which something mus' be

accomplished. e.g.. provisions

mandating the submission ofstate Title

V 0l>flrating permits programs under

sections 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.

choose 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 viron 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

governmental duties lind powers: (3) the

functions to be exercisecl 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 approval

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 the 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

Commission [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 authori 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 Apri l 26, 2000, for the

purposes of grant 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:.-.nrdous 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

of Understanding

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

State 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 Title V

Program t:lements

EPA conducted a thorough rf;lview of

the Tribe's Title V Program according to

40 CFR 70.4(b) Elements of the 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 elements found at 40 CFR

70.4(b) were addressed by the Tribe's

Title V Program.

A. Allalysis of the 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 authority 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 Registerl 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 interim

approval pursuant to 40 eFR 70.4(a).

UPOIl review of the SupplellJl!l1t to

Application for Approval of tho

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 ofthe 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 ofthe

Southern Ute Indian Tribe's 40 CFR Part

70 Operating Pemlit Progrom dated

January 14, 2009 and Supplement to ....pplicotion for ....ppro~'(ll of the

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

[;>;iii).

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 ofthe

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

The Tribe's Tille V Program meets the

requirements of 40 CFR 70A[b)(S). The

Tribe submilled multiple compliance

assurance procedures and g\lidelines

(Application for A.pprovol ofthe

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 ofthe 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 applications. 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 Application for

Apprcwol ofthe 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 presumptive minimum set

forth in 40 eFR 70.9. Specific fee

provisions included $50.00 + CPI

(Conllumer Price Index) for all fee

pollutants released in a calendar year

pursuant to the Reservation Air Code

(Supplemant to ....pplicatioll for

.... pprol'O/ ofthe 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 Application for

.... pproval of/he SOllthern Ute !/ldia/l

Tribe's 40 CfH Purt 70 Opemting I'IJrmit

Program doled September 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

ofsix 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 ofthe

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: the
12930 Federal Regisler I Vol. 76 . No . 461 Wed nesday. 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 of the 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

Application for Approval of the

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 Application for

Approl'Ol of the 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 of the 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 CFR

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 Application for

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 Revisions

The Tribe's Title V Program meets the

requirements of 40 CFR 70.4(b)06). The

Tribe's Reservation Air Code

(Supplemen/to Application for

Approval of the 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. Options for 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 Application for

Approval of the 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 unIt"

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 VGreenhouse Gas Tailoring Rule

(el[C Tailoring Rule). Soe 75 FR 106 at

31514-3 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 "Major 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 the 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 51735.

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 lVol. 76. No. 46l Wedncsdny. March 9, 2011 I Proposed Ru les 12931

• Is certified as not having a significant economic impact on a

substantial number orsmall 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 t3132 (64 FR 43255. August 10.

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 requirements would

be inconsistent with the Clean Air 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 Rushin,

Acling RCSiolt(l/ ....dmj"islrolor. Region 8.

IFR Dol::. 2011-.5342 Filed )-8-t I, 8:45 ami

IIII.LINGC00E 6MO-6CH'
Tab 2

RESOLUTION No. 201 1-4

RESOLUTION

OFTHE

SOUTHERN UTE INDIAN TRIBEISTATE OF COLORADO

ENVIRONMENTAL COMM ISSIO:'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 exterior 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 Intergovernmental

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 Commission 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 approval 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 for the

Tribe to receive fuji Title V Program approval: (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 EPA4required 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 EPA4rcquired 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

CERT 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 FOR COMMENTS

ON EPA-REQUIRED CIIA GES TO RESERVATION AIR CODE AND

TITLE V OPERATING PERMIT PROGRAM

The Southern Ute Indian Tribe/State ofColorado 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 Clean Air Act (42 U.S.C. § 7412(b»;

and (2) the "Major source" definition in the Reservation Air Code (found at section II03(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 . Ifthe

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 authority under which the r ule is proposed.

Legal authOrity is vested in the Southern Ute Indian TribclState ofColorado

Environmental Commission by the Intergovernmental Agreement Between the Southern Ute

Indian Tribe and the State ofColorado Concerning Air Quality Control on the Southern Ute

Indian Reservatio/l dated December 13, 1999 ("lOA"), tribal law (Resolution ofthe Council

ofthe 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. SubmIssion 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 Jarrell. Air Quality Program Manager, Southern Ute
Environmental Programs Division, P.O. Box 737 MS# 84, Ignacio, Colorado,

81137

• Fax: 970-563-0384

• Hand delivery: Air Quality Program, Environmental Programs Division,

Southern Ute Indian Tribe, 116 Mouache Dr., Ignacio, 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) ofthe

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 ofthat proposed rulemaking.

v. Where a complete copy of the Code and Code changes can be obtained.

A copy ofthe 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@southem-utc.nsn.us>; Johnson, Tom tojohns@southem-ute.nsn.us

Sam W. Maynes <smaynes@mbssllp.com>; Hall, Lorelyn Ihall@southemute.nsn.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';

'gblack@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'; 'browndrl@bp.com'; 'pcummins@wcstgov.arg';

'kirstcn.king@statc.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@srogerslaw.com';

'news@pinerivertimes.com'; 'lorrigan@lpcattorney.org'; 'Barndt, Eric'

<Eric.Barndt@blackhillscorp.com>; 'gary.stripling@blackhillscorp.com';

'fcarl@bh-corp.com'; 'jmolis@blackhillscorp.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';

'Iindy.hanson@bp.com'; 'craig_all ison@xtoenergy.com';

'Kim~Champlin@Xtoencrgy.com'; 'Nolting, Leslie R'

<Lcslie.Nolting@EIPaso.com>; 'greghuster@hotmail.com';

'martinezaj@co.laplata.co.us'; 'carol.cauthen@williams.com';

'barbarawroberts@gmail.com'; 'gandrews@durangoherald.com';

'rebecca.robert@bp.com'; 'karena_cstll@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@southem-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 Herald, Cortez Journal and

Farmington Daily 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:JCwctL

Air Qualily A(lillillisiralivc Assislalll

Southern l ilc 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. Colorado 81502

l. Kay Griffith . do solemnly swear that I am the cu\'Um"r ,I'lrvice f eprtmmtati lie 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 ofsaid llOl.ice ....-as in

thc issue ofsaid ne.....spaper dated A.D.. l Oll

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 ofColorado 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 REOUEST

FOR CO MENTS ON EP...•

REQUIRED CHANGES TO

RESERV"'OON AIR CODE AND

TITLE V OPER...TING PERMIT

PROGRAM

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 TaItortng 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 rule I. proposed. Legal authority is vesilid

In Ihe Soothern Ute Indian

Tribe/State of Colorado

Environmental Commission by

the lntargovemmental Agreemont

8elW9Gn the Southern Ute Indian

Tribe and the State of Colorado

COl'ICernlll{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 Stat1354) 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'lefttal

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 adQ9teda

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 TItleV

Operating Permit Program Itlat were requIred and recommenditd

by EPA asa condition for EPA',

appRMll ofh NIQIication by

the Southern U~· fnclan 'Thbe

lora detegation 01 IlIJItlority to

admiMlter the Commission- ~n)vedr1tt8 V Opomllng

Program on the SoutMrn Vt8

Indlan Reservation. On Mareh

9. 2011. EPA published nob

of Its propoeed interim approve!

of the TlffeV ()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

TitleV 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 TllfreV 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 TItleV programs. If the

CommIssion recilivu aclvtlria

oornmcN'lt, It will publilha 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. Acopy 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, I8leptloner (S1:rO)

'57:.)·:g...,:;~(""~224I1: -.... fur .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

IGNACIO, CO 81137

(970) 563-4705

Ad ID:

Description:

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 commission 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 Colorado

d that the last publication ofthe said notice was in the issue ofsaid 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 published in the

ounty ofMontezuma, State of Colorado. and has a general circulation therein;

hat said newspaper has been published continuously 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 legal 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 ofColorado.

S 'A t \

That the annexed legal notice or advertisement was published in the regula

d entire issue of every number ofsaid weekly newspaper for the period of 1

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

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 ordor 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- 103(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·

REQUIRED 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 In the same manner in whiCh this notice was

published informing lhe public

lhatlhls action w!ll not take ellect

Legal .ulhorlty unMr which the

rute 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

368 44368 PN COMMENTS ON EPA REQ CHANGES Page

2

direct IInal rulemaklng authority can be bund in section IV.G.

of the CommISSion's Procedural

Aulas.

Subml••ronofcomments.

Please provide any

comments no later than July

9. 2011. Please submit your

comments 10 Brenda Jarrel, Air

Quality Program Manager lor the

SouthernU.. 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

uppleme ~ryInforlTllltlonand summary description of Code changes.

On November 12, 2008, the Commission adopted a Reservatioo Air Code contairwlg

regulations tora Titlev Ooeraling

Permit Program and, on June 14,

2010. the Commission adopted

certain changes to the TitleV

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 kifa 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 TItleV 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

TItleV 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 TitleV Program approval: (1)

modify the' Emission unit" defini- lion to incluOe pollulants listed

under112(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

DeteriorationlTltleV Greenhouse

Gas Tailortng Rule.

The Commission is

publishing this direcl final action

withouta prior proposed rule

because II views ltlis as

a noncontroversial amendment and

anticipates no adverse comments.

EPA has required state T1tIeV

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 TltIeV programs. II

the CommISSion rec8IYeS adYerse

comment, it will publisha 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 publisha notice of

proposed rulemaklng and will

address the comments on the

direct final action as part of ltlat

p~ed rulemaking.

W~rea complete copy of In.

Codeand Code changes can be

oblalned.

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'sAIr

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.

For furtherinformatlon contact: Brenda Jarrell.

Program Manager. Air Quallly

Program. Southern Ute Indian

Tribe, P.O. Box 737 M5184.

Ignacio. Colorado. 81137; teleS

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.

ELCHERT Ill. Sutlmlnlon of comments. 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 general

circulation published in English at Farmington.

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

o
0tI 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 UTE DRUM - PROOF OF PUBUCATlQN

http://www.southem-ute.nsn.uS/ORUM/POF~20 OLOER/I I061 10 UM/II0611SUD_PDF.pdf

Southern Ute Water Treatment Plant Annual Drinking Water Quality Report

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Notice of direct final rulemaking and request for comments on EPA-required

changes to reservation Air Code and Title V Operating Permit Program

- - I GREAT FUTURES START HERE. ~\/ /

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I SUPPORT OUR CIJ "

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Tab 4

CKRTIFICATfi: OF SKRVICF:

The undersigned hereby certifies that a true and correct copy of the Notice of

Direct Final Rufemalcing and Requestfor 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 80246-1530

Barhara Roberts, Commission Chair barbara.roberts@state.co.us

Colorado Air Quality Control Commission

4300 Cherry Creek Drive South

Denver, CO 80246-1530

Roland C. Hea, Supervisor Pennitting Section roland.hea@state.eo.us

Department of Public 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 ofCounty Commissioner.;

An:huleta County

449 San Juan SI.

P.O. Box 1507

Pagosa Springs, CO gl147

Board ofCounty Commissioners

La Plata County

1060 East 2nd Avenue

Durango, CO 8130 I

Board ofCounty 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 Jones, Environmental Analyst

NMED Air Quality Bureau

3400 Messina Drive, Suite 5000

Fanning'on, NM 87402

Kelly Palmer, Hydrologist

USFS San Juan Public Lands Center

15 Burnett Court

Durango, CO Hl30l

~~Air Quality Program Manager

Southern Ute Indian Tribe

~LIW.bIl.DQWk~ Mar ne Scon-Jewett

Air Quality Administrative Assistant

Southern Ute Indian Tribe

3

SOVfHERN UTE INDIAN TRlBE/srATE OF COLORADO

ENVIRONMENTAL COMMISSION

P.O. Box 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 Rulemaking and Request for Comments on [PA·Requircd

Changes to Reservation Air Code and Title V Operating Permit Program

Dear Mr. Tourangeau,

Enclosed with this lener, please find a Notice ofDirect Final Rufemaking and Reqllestfor

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 ofColomdo

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 thal you may have on the two changes to the Environmental Commission's

Reservation Air Code that 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

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson. Jr.

Daniel Fauth

Peter R. Foster

Robert Milofsky
SOlJIHERN lITE INDIAN TRIBE/SfATE OF COLORADO

ENVIRONMENTAL COMMISSION

P.o . Box 737 MS #84. Ignacio. CO 81137

Phone: (970) 56] - 4105 . Fax: (970) 563 • 0384

June 8, 2011

Kirsten King, Stationary Sources Program Manager

Colorado Air Pollution Control Division

4300 Cherry Creek !)rive South

Dcnver, CO 80246-1530

Re: Notice of Direct ]tinal Rulcmaking and Request for Comments on EPA-Required

Changes to Reservation Air Code and Title V Operating Permit Program

Dear Ms. King,

Enclosed with this letter, please find a Notice ofDirect Final Rulemaking and Requestfor

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 ofColorado

Environmental Commission ("Environmental 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 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 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

Jeffery Jefferson, Jr.

Daniel Fauth

Peter R. Foster

Roben Mllofsky
SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO

NV1RO MENTAL O~~ION

P.O. Box 737 MS #84, Ignacio, 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 Rulcmaking and Request for Comments on EPA-Rcquired

Changes to Reservation Air Code and Title V Operating Permit Program

Dear Ms. Roberts,

Enclosed with this letter, please find a Notice ofDirect Final Rulemaking and Requestfor

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. In accordance with its Procedural Rules, thc

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 arc required by the United States Environmental Protection Agency in

order for the Southern Ute Indian Tribe to receive full Title V Program approval.

~k-__ Daniel Fauth, Chainnan

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson. Jr.

Daniel Fauth

Peter R. 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 ofDirect 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 ofColorado 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 Commission 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

Phone: (970) 563 ·4705 . Fax: (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 Request for Comments on EPA·Required

Changes to Reservation Air Code and Title V Operatin~ Permit Program

Dear Mr. Brown,

Enclosed with this letter, please find a Notice ofDirect Final Rulemaking and Requestfor

Comments on F.PA-Required Change~' 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 ofColomdo 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 notice of any rule il proposes to establish or

changc. You or your staff arc invited to revicw 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 Protection Agency in

order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Sinccr

Daniel Fauth, Chainnan

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson, Jr.

Daniel Fauth

Peter R. Foster

Robert Milofsky
SOUfHERN UTE INDIAN TRIBE/SfATE OF COLORADO

ENVIRONMENTAL COMMISSIO

P.O Box 737 MS ~84 Ignacio, CO 81137

Phone: (910) 563 ·4705' Fax: (970) 563 - 0384

June 8, 2011

Alexis North, Environmental Scientist

Air Pcrmitling, Monitoring & 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 Rulemaking 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 ofDirect Final RulemaJdng and Requestfor

Comments on EPA-Required Changes (0 Reservation Air Code and Tille V Operating Permit

Program that is being scnt to you by the Southern Utc Indian Tribe/State ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColomdo for the pUfJXlse of

establishing an air pollution control program that will apply to all sources of air pollution located

on the Southern Ute Indjan 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 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 for the Southern Ute Indian Tribe to receive full Title V Program approval.

2&. Daniel Fauth~-, Chainnan

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson, Jr.

Daniel Fauth

Peter R. Foster

Robert Mi/o(s/(y
SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO

ENV1 NNffiNTAL O~~ION

P.o Box 737 M$ #84, Ignacio, 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: 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. Waconda,

Enclosed with this Icuer, please find a No/ice ofDirect 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 of Colorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 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 Envirorunental Protection Agency in

order for the Southern Ute Indian Tribe to receive full Title V Program approval.

Daniel

2Uv~ Fauth, Chainnan

Commissioners

Virgil Frazier

Fran 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 ofCounty Commissioners

Archuleta County

449 San Juan St.

P.O. Box 1507

Pagosa Springs, CO 81147

Re: Notice of Direct "'inal Rulemaking and Request for Comments 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 ofDirect Final Ru/emoking and Requestfor

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 ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 sources 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 Commission'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/STATE OF COLORADO

ENVIRONMENTAL COMMISSION

P.O. Box 737 MS #64, Ignacio, CO 81137

Phone: (970) 563 ·4705 . FIlX: (970) 563 • 03~4

June 8, 2011

Board ofCounty Commissioners

La Plata County

1060 East 2nd Avenue

Durango, CO 81301

Re: Notice of Direct Final Rulemaking and Request for Comments on EPA-Required

Changes to Reservation Air Code and Title V Operating Permit Program

Dear County Commissioners,

Enclosed with this letter, plea<;e tind a Notice ojDirect Final Rufemaking and Requestfor

Comments on EPA-Required Changes to Reservation Air Code and Title VOperating 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 ofColorado 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 arc located. In accordance with its Procedural Rules, the

Environmental Commission is required to give notice orany 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 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 Milofsky
SOUTHERN UTE INDIAN TRlBE/STATE OF COLORADO

ENVIRONMENTAL COMMISSION

P.O. Box 737 M$ #84. Ignacio. CO 81137

Phone: (970) 563 - 4705 . Fax: (970) 563·0384

June 8, 2011

Board ofCounlY Commissioners

Montezuma County

109 West Main St.

Cortez, CO 8 J821

Re: Notice of Direct Final Rulemaking and Request for Comments on EllA-Required

Changes to Reservation Air Code and Title V Operating Permit Program

Dear County Commissioners,

Enclosed with this letter, please find a Notice ofDirect Final Ru/emaking and Requestfor

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 ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Utc rndian Tribe and Stale ofColorado 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 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 or any rule it proposes to establish or

change. You or your statTare 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 Utc 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 Milo(sky
SOUTHERN UTE INDIAN lRlBE/STATE OF COLORADO

E~O MENTALCO~ION

P.O. Box 737 MS #84, Ignacio, CO 81137

Phone: (970) 563 • 4705 . Fax: (970) 563 • 0384

June 8, 2011

Board ofCounty 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 Reservation Air Code and Title V Operating Permit Program

Dear County Commissioners,

Enclosed with this letter, please find a Notice ofDirect Final Rulemaking and Requestfor

Comments on EPA.Required Ch(mges to Reservation Air Code and Title VOperating Permit

Program tllat is being sent to you by the Southern Ute Indian Tribe/State ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 Stutes Environmental Protection Agency in

order for the Southern Ute Indian Tribe to receive futl Title V Program approval.

Si;C/7

{jA .,~ Daniel Fauth, Chairman

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson, Jr.

Daniel Fauth

Pater R. Foster

Robert Milofsky
SOUTHERN UTE INDIAN TRIBE/SfATE OF COLORADO

ENVIRONMENTAL COMMISSION

P.o . Box 737 MS #84, Ignacio. CO 81137

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 Rulemaking and Request for Comments on PA~Requi cd

Changes to Reservation Air Code and Title V Opcr1Iting Permit Program

Dear Ms. Uhl,

Enclosed with this letter, please rind a Notice ofDirect Final Rulemaking and Requestfor

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 ofColorado

Environmental Commission C"Environmcnlal Commission"). The Environmental Commission

was created by the Southern Ute lndian Tribe and State ofColomdo 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 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 Commission's

Rcservation Air Code that arc required by the Unilcd States Environmental Protection Agency in

order for the Southern Ute Indian Tribe to receive full Title V Program approval.

(Z:~~-- Daniel Fauth. Chainnan

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson. Jr.

Daniel Fauth

Peter R. Foster

Robert Milofsky
SOlTfHERN UTE INDIAN TRIBE/STATE OF COLORADO

E~RONMENlA O~~ION

P,O. Box 737 MS #84, Ignacio, 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 Direct Final Rulemaking and Request for Comments on EPA-Required

Changes to Resen:ation Air Code and Title V Operating Permit Program

Dear Chairman Ilayes,

Enclosed with this letter, please find a Notice ofDirect Final Rll/emaking 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 Tribe/State of Colorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 Frazier

Fran King Brown

Jeffery Jefferson, Jr.

Daniel Fauth

Peter R. Foster

Robert Milofsky
SOUTHERN UTE INDIAN TRIBE/SfATE OF COLORADO

E~ONNffiNT ALCO~ ON

P.O. Box 737 MS #84, Ignacio, CO 81137

Phone (970) 563·4105 ' f'llJII: (970) 563 - 03&4

June 8, 2011

Scott Claw, Environmental Department

Ute Mountain Ute Tribe

P.O. Box 448

Towaoc, CO 81334

Re: Notice of Direct Final Rulemaking and Request for Comments on EPA-Required

Changes to Reservation Ai... Code and Title V Operating Permit Program

Dear Mr. Clow,

Enclosed with this letter, please find a Notice ofDirect 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 ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 notice 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 are required by the United States 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

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 MS #84, Ignacio, CO 81137

Phone: (970) 563·4705 . Fax: (970) 563 ·0384

June 8, 2011

Levi Pcsata, President

Jicarilla Apache Nation

P.O. Dox 507

Dulce NM 87528

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

Changes to Reservation Air Code and Title V Operating Permit Program

Dear President Pesata,

Enclosed with this letter, please find a Nolice ofDirect 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 orColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColor<1do 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 notice of any rule it proposes to establish 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 the Environmental Commission'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.

;aDaniel Fauth,.,~-Chairman

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson, Jr.

Daniel Fauth

Peter R. Foster

Robert Mifofsky
SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO

E~ONMENTALCO~~ION

P.O. Box 737 MS #84. Ignacio. 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 Rulemaking and Rcquest for Comments 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 ofDirect Final Rulemaking and Requestfor

Comments on EPA-Required Changes 10 Reservation Air Code and Title V Operating Permit

Program that is being scnt to you by the Southern Ute Indian Tribe/State ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 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 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 Comments on EPA-Required

Changes to Reservation Air Code and Title V Operating Permit Program

Dcar Ms. Nelson,

Enclosed with this lener, please find a Notice ofDirect Final Ru/emaking and Request for

Comments on EPA~RequiredChanges 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 ofColorado for thc 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 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 ror 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

Roberl Milofsky
SOlJIl-lERN UTE INDIAN TRIBE/SfATE OF COLORADO

ENVIRONMENTAL COMMJSSION

P.O. Box 737 MS#84, Ignacio, CO 81137

Phone: (970) 563 ·4705 . Fax: (970) 563 0384

June 8, 2011

Rita Bates, Air Quality Planning & Policy 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 Comments on EPA-Required

Changes to Reservation Air Code and Title V Operating Permit Program

Dear Ms. Bates,

Enclosed with this letter, please find a Notice ofDirect 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 ofColorado

Environmental Commission ("Environmental Commission'). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 ownership status within the

Reservation where the sources are 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 starr 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 are required by the United 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 81137

Phone; (970) 563 - 4705 . Fax: (970) 563 - 0384

June 8, 2011

Mark Jones, Environmental Analyst

NMED Air Quality Bureau

3400 Messina Drive, Suite 5000

Fannington, NM 87402

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

Changes to Reservation Air Code and Title V Operating Permit 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 orColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and Slate ofColorado 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 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 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

Commissioners

Virgil Frazier

Fran King Brown

Jeffery Jefferson. Jr.

Daniel Fauth

Peter R. Foster

Robert Milofsky
SOUTHERN UTE INDIAN TRIBE/STATE OF COLORADO

ENVIRONMENTAL COMMISSIO

P.o. Box 737 MS 184, Ignacio, CO 81137

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

Changes to Reservation Air Code and Tille V Opcnding Permit Program

Dear Ms. Palmer,

Enclosed with this letter, please fmd a Notice ofDirect Final Ru/emaking and Requestfor

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 ofColorado

Environmental Commission ("Environmental Commission"). The Environmental Commission

was created by the Southern Ute Indian Tribe and State ofColorado 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 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 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 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 5

EPA's two changes to Reservation Air Code

req uired to receive full Tille V Program ap proval

1. Definition of "Emissions unit"

Existing definition: § 1-103(26) " Emissions unit" mcans any part or activity of a

stationary source that emits or has the potcntial to emit

any regulated air pollutant. This tcnn is not meant to

alter or affect the definition ofthe tcnn "unit" for

purposes of title IV of the Act.

New definition: § I-I 03(26) "Emissions unit" means any part or activity of a stationary

source that emits or has the potential to emit any

regulated air pollutant or any pollutant listed under

section 112(b) ofthe Clean Air Act, 42 U.S.C. §

7412(b). This tcnn is not meant to alter or affcct the

definition ofthe tenn "unit" for purposes oftitle IV of

the Act.

2. Definition of "Major source"

Existing definition:

§ 1-103(38) "Major source" means ...

(b) A major stationary source under § 302 of the Clean Air Act, 42 U.s.c. S

7602, that directly emits or has the potential to emit 100 TPY or more of any

regulated air pollutant (including any majo r source of fugitive emissions of any

such pollutant, as detennined by rule by the Administrator). The fugitive

emissions of a stationary source shall not be considered in detennining whether it

is a major stationary source for the purposes of 302(j) of the Clean Air Act, unless

the source belongs to one of the following categories of stationary sources:

New Definition:

§ 1-103(38) "Major source" mcans.

(b) A major stationary source of air pollutants, ttRdeFas 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 regulated air pollutant subject to regulation (including

any major source of fugitive emissions of any such pollutant, as determined by

rule by the Admi nistrator). The fugitive emissions of a stationary source shall nol

be considered in detennining whether it is a major stationary source for Ihe

purposes of302U) o f the Clean Air Act, unless the source belongs to one o f the

following categories ofstationary 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 ofthe 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 ofsix greenhouse gases: carbon

dioxide, nitrous oxide, methane, hydrofluorocarbons, 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 ofthe 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 ofCode 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 C02e.

(flote: fh e remaining definitiolls iI/ § 1-103. RAC will be reI/limbered 10 aCCollllt

for the addiLion ofa dejillilion for "SubjecLto re&'1daLion" ill alphabeLical order)

2
Tab 6

Table of Contents

ARTICLE I. GENERAL PROVISIO S.

1-101 Declaration of Policy 1

1-1 02 Authority 1

1-103 Definitions 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

Certification 19

Pennit Applications 20

Action on Pennit Applications 24

Review by Administrator and Affected Programs 28

Public otice and Participation 30

Pennit Content 32

Pennit Revisions 41

Pennit Reopcnings, Revocations and Reissuances, and Tcnnination .44

Pennit Transfers .46

General Pennits 46

Portable Source Pennits 47

Facility Changes Allowed Without Pennil Revisions 48

Emergency Situations .49

Fcc Requirement and Paynlcnt 49

Fee Schedule 52

Reduction in Pennit Fees 54

Enforcement Authority 54

Compliance Tracking 55

Enforcement Reporting 55

Confidentiality 55

Progranl Revision 56
ARTICLE I. GENERAL PROVISIONS

1- 101. Declaration of Policy.

The Southern Ute Indian TribcJState ofColorado Environmental Commission finds and

declares that it is the policy ofthis 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 ofColorado 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 entities 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 ofthe 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 ofColorado Environmental Commission by (I) the Intergovernmental

Agreement Between the Southern Ute Indian Tribe and the State ofColorado 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 regulations promulgated

under title IV ofthe Clean Air Act, namely, a unit that is subject to acid rain emission

reduction requirements under title IV of the Clean Air 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, production 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) "Administrative permit revision" means a pennit 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 ofsuch preconstruction 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) "Administrator" 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) "Affected source" shall have the meaning given to it in the regulations

promulgated under title IV of the Act

(7) '''Air pollutant" means any air pollution agent or combination ofsuch 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 pollutant to the extent the Administrator of EPA has identified such

precursor or precursors for the particular 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 thereof in sufficient quantities, which either alone or in

connection with other substances, by reason of their concentration and duration, is or

tends to be injurious to human, plant 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 pollution control equipment" means any device, equipment, process or

combination thereof, the operation 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, sulfur recovery units, baghouses, precipitators, scrubbers,

cyclones, water sprays, catalytic converters, flares, thennal oxidizers and steam or water

injection.

(to) "Alternative operating scenario (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 applicable to the emissions un it prior to implementation of the

change or rendcrs inapplicable one or morc requirements previously applicable to the

emissions unit prior to implementation ofthe change.

(I I) "Applicable requirement" means all ofthe following as they apply to emissions

units at a Part 70 source (including requirements that have been promulgated by EPA

through rulemaking at the timc of pennit 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

3
been promulgated or approved by the Commission through rulemaking at the time

of permit issuance but that have future compliance dates;

(b) Any standard or other requirement provided for in the applicable

implcmentation plan approved or promulgated by EPA through rulcmaking undcr

title I ofthe 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, ofthe 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 ofthe Act, including

any rcquiremcnt concerning accident prevention under Section I 12(r)(7) ofthe

Act;

(f) Any standard or other requirement of the acid rain program under title IV

ofthe Act or the regulations 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) ofthe

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 national ambient air quality standard or increment or visibility

requirement under Part C of title I ofthe Act, but only as it would apply to

temporary sources permitted pursuant to Section 504(c) ofthe Act.

(12) "Approved replicable methodology (ARM)" means part 70 permit ternlS that:

4
(a) Specify a protocol which is consistent with and implements an applicable

requirement, or requirement of this 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 ofthat protocol to be recorded and used for assuring

compliance with such appl icable requirement, any other applicable requirement

implicated by implementation ofthe ARM, or requirement of this code, including

where an ARM is used for detennining applicability of a specific requirement to a

particular change.

(13) '''C1ean 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 ofColorado

Environmental Commission.

(16) "Commence Operation" means, for a new source, when it conducts the activity

that it was designed and pernlitled for (e.g., producing cement or genemting electricity).

(17) "'Commission's Procedural Rules" means the Procedural Rules of the Southern

Ute Indian Tribe/State ofColorado 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 for compliance and certification by the owner or operator that the source is in

compliance with all applicable requirements.

(19) "'Consumer Price Index" means for any calendar year, the average of the

Consumer Price Index for all-urban consumers, or such revision of the Consumer Price

Index for 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 given to it in section

402(26) of the Act and the regulations promulgated thereunder.

(21 ) "'Deviation" means any situation in which an emissions unit fails to meet a pennit

tenn or condition. A deviation is not always a violation. A deviation 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) ofthis code. For a

situation lasting more than 24 hours which constitutes a deviation, each 24 hour period is

5
considered a separate deviation. Included in the meaning of deviation arc any ofthe

following:

(a) A situation where emissions exceed an emission limitalion or standard;

(b) A situation where process or emissions control device parameter va lues

indicate Ihat an emission limitnlion or standard has nOI been met;

(c) A situation in which observations or data collected demonstrates

noncompliance with an emission limitation or standard or any work practice or

operating condition required by the permit;

(d) A situation in which an exceedance or an excursion, as defined in 40 CFR

Part 64 occurs.

(22) '~ Drafl Permit" means a version of an operating pennit that the Tribe offers for

public participation under § 2-109 of this code and affected program review under § 2-

108 of this code.

(23) "Emergency" means for purposes of 40 CFR § 70.6(g), any situation arising

from sudden and unforeseeable events beyond the control ofthe permittee including acts

of God, which situation 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 10 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) " Emission limitation" and ··cmissioll standard" mcans a requirement

established by the Commission or the Administmtor which limits the quantity, mte,

concentration, or the visible observations of emissions of air pollutants on a continuous

basis, including any requirement relating to the operation or maintenance of a source to

assure continuous emissions reduction, and any design, equipment, work practice or

operational standard promulgated under this code or the Clean Air Act.

(25) "Emissions allowable under Ihe permil" means:

(a) any federally enforceable pennit tenn or 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 requirement to which it otherwise would be subject.

(26) " Emissions unit" means any part or activity of a stationary source that emits or

has the potential to cmit any regulatcd air pollutant or any pollutant listed under section

6
112(b) ofthe 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 oftitle IV of the Act.

(27) "Environmental Protection Agency" or "EPA" or "USEPA" means the United

States Environmental Protection Agcncy.

(28) "Excess emissions" means emissions o f an air pollutant in excess of any

applicable emission standard.

(29) 04 Federally enforceable" means all limitations and conditions 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 regulations approved pursuant to 40 CFR Part 51 , Subpart I, including 40

eFR §§ 50.165 and 51.166.

(30) '"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

or II substance subject to a standard established by or promulgated under title VI

of the Clean Air Act;

(c) any pollutant that is a regulated air pollutant solely because it is subject to

a standard or regulation under § 112(r) of the Clean Air Act, 42 U.s.c. § 74 I2(r);

or

(d) emissions from insignificant activities and insignificant emissions nOI

required 10 be listed or calculated in a pernlit application 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.

(32) ·'Fugitive emissions" means those emissions which could not reasonably pass

through a stack, chimney. vent, or other 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" means a federally listed hazardous air pollutant

pursuant 10 Section 112 of the Clean Air Act.

(35) " IGA or Intcrgovernmental Agrcement" means the Intergovernmental

Agreement Between the Soulhern Ute Indian Tribe and the State o f Colorado Concerning

7
Air Quality Control on the Southern Ute Indian Reservation. entered into by the Tribe

and State on December 13. 1999.

(36) "Insignificant activitics'" means any ofthe following types of activities:

(a) Mobile sources;

(b) Air conditioning units used for human comfort that arc not subject to

applicable requirements under title IV ofthe Act and do not exhaust air pollutants

into the ambient air from any manufacturing or other industrial 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 ofjanitorial 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 single

emissions unit not exceeding 1,000 pounds per year or the de minimis level established

under § 112(g) of the Clean Air Act, whichever is less.

(38) " Major sourcc'" means any stationary source or any group ofstationary sources

that is located on one or more contiguous or adjacent properties, and is under control of

the same person (or persons under common control) belonging to a single, 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 ofstationary sources shall be

considered part of a single industrial grouping if all ofthe pollutant emitting activities at

such source or group ofsources 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) ofthe 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 ofslationary sources locaH,:d within a contiguous area and under

8
common control that emits or has the potential to emit, in the aggregate,

10 TPY or more of anyone hazardous air pollutant, 25 TPY or more of

any combination of hazardous air pollutants which have been listl-xi

pursuant to § 112(b) ofthe 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 exploration or production well (with its associated equipment) and

hazardous emissions from any pipeline compressor or pump station shall

not be aggregated with 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 ofthe following

categories ofstationary 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;

(viii) municipa l incinerators capable of charging more 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;

(xviii) 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 electric 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

10
shall 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) '·Maintenance" 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 continued operation.

(40) '·Minor permit revision" means a permit revision that

(a) docs not violate any applicable requirement;

(b) docs not involve significant permit revisions to existing monitoring,

reporting, or rccordkeeping requirements in the pennit;

(c) does not require or change a case-by-case determination of an emission

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 emissions limit approved pursuant to rcgulations promulgated

under § 112(i)(5) ofthe Clean Air Act, and 42 U.s.C. § 7412(i)(5);

(e) is not a titlc 1 modification;

(f) is not required to 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

revision may include pemlit revisions involving the use of economic incentives,

markctablc pennits, emissions lrading, and other similar approaches to the extent

that such minor pennit revision procedures arc provided in the implementation

plans or in applicable requirements promulgated by the Administrator.

(41) '''National ambient air quality standard" or "NAAQS" means 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)

means any pennit or group of pennits covering a source that is issued, renewed,

modified, or 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

CFR Part 70.

(45) "Part 70 source" means all sources subject to 40 CFR Part 70.

(46) "Permit program costs" means all reasonable direct and indirect costs related to

developing and implementing the opemling pennit program established under this code,

including, but not limited to, costs of the following activities:

(a) preparing generally applicable regulations or guidance regarding the

pennit program or its implementation or enforcement;

(b) reviewing and acting on any application for a pennit issuance, revision, or

renewal, including the development of applicable requirements as part of the

processing ofsuch applications;

(c) general administrative costs ofnmning the operating pennit program,

including the supporting and tracking of pennit applications, 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 with a court enforcement

actio n;

(c) emissions and ambient monitoring;

(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

significant pennil revision, a minor pemlit revision, 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, trust, estate, the United States, or a state and any

political subdivision, program, or agency thereof, the Tribe and any department, division,

program, enterprise, company, or political subdivision thereof, and any other recognized

legal entity.

(50) "Portablc sourcc" (excluding non-road engines) means any stationary source

that is capable of being transported and operated in more than one location. 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

control equipment and restrictions on hours of operation or on the type or amount of

material combusted, stored, or processed, shall be treated as part of its design ifthe

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 ofthe 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 business function, or any other person who

perfonns similar policy or decisionMmaking functions for the corporation, or a

duly authorized representative ofsuch person ifthe representative is responsible

for the overall operation 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 (in second quarter 1980

dollars), or

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(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 responsibility 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) ofthe Clean Air Act, 42 U.S.c. § 765 Ia(26», and in so far as actions,

standards, requirements, or prohibitions under title IV ofthe 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 schedule of remedial measures, 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" means 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 control

equipment. process equipmcnt, or 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 rcvision;

(b) any revision that would result in any significant change to existing

monitoring pennit terms or conditions and any relaxation to existing

recordkeeping, or pennit 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 on significant or complex issues;

15
(d) any revision that would be required irthe existing operating permit

specifically prohibits the proposed change; and

(e) changes in ownership that do not meet the criteria for section (d) ofthe

definition ofan administrative permit revision.

(62) 'l.Similar so urces" means sources that are generally similar in terms of

operations. processes, and emissions, subject to the same or substantially similar

requirements, and not subjcct to casc-by-case standards or requirements.

(63) 'l.Startup" means the setting into operation of any air pollution control

equipment. process equipment, or process, for any purpose.

(64) "'Stationaf')' Source" or "'Source" means any building. structure. facil ity. or

installation that emits or may emit any regulated air pollutant or any pollutant listed under

section 112(b) ofthe Act except those emissions resulting directly from an internal

combustion engine for transportation purposes or from a nonroad engine or nonroad

vehicle as defined in § 216 ofthe Clean Air Act.

(65) 'l.Subject to regulation" means, for any air pollutant, that the pollutant is subject

to either a provision in the Clean Air Act, or a nationally-applicable regulation codified

by the Administrator in subchapter C of chapter I ofCode of Federal Regulations Title 40

(i.e., 40 C.F.R. Part 70), that requires actual control ofthe quantity of emissions of that

pollutant, and that such a control requirement has takcn effect and is opcrative to contro l,

limit or restrict the quantity of emissions of that pollutant released from the regulated

activity. Except that:

(a) Greenhouse gases (GHGs), the air pollutant dcfined in 40 C.F.R. §

86. 1818- 12(a) as the aggregate group ofsix greenhouse gases: carbon dioxide,

nitrous oxidc, methanc, hydrof1uorocarbol1s, pernuorocarbolls, and sulfur

hcxafluoridc, shall not be subjcct to regulation unless, as of July 1, 20 II , the

GHG cmissions arc at a stationary so urce emitting or having the potential to cmit

100,000 tpy CO2 equivalent emissions.

(b) The teml tpy CO C02 equivalent emissi01ls (C02 e) shall rcpresent an

amount of GHGs emitted, and shall be computed by multiplying the mass amoun!

of emissions (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by

the gas's associated global wanning potential published at Table A- I to subpart A

of part 98 o f chapter I ofCode of Federal Regulations Title 40 (i.e., 40 C.F.R. 98

(Table A-I» -Global Wanning Potentials. and summing the resultant value for

each to compute a tpy COzc.

(66) 'l.Temporary source" (excluding non-road engines) means any source that is

situated in one location for less than one year, after which it will be dismantled and

removed from the site. Any temporary source located at one location for longer than one

16
year will be deemed a stationary source and must meet the requirements for stationary

source pcnnilting in this code.

(67) "Tribe" means the Southern Ute Indian Tribe, which is the pennitting authority.

(68) "Unit" means a fossil fuel-fired combustion device, for purposes of title IV ofthe

Act.

(69) "Volatilc Organic Compou nds" means the same as that tenn is defined by the

Administrator at 40 CFR Part 51.

1- 104. Administration.

Pursuant to the authorities cited above, the Southern Ute Indian Tribe is responsible for

the administration, implementation and enforcement oflhis code, subject to thc Commission's

review of appealable administrative actions by the Tribe.

I-lOS. Enfo rccmcnt.

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 for 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

Commission's Procedural Rules.

1- 106. Severability and Preservation of Rights,

(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 ofsuch provision to other persons or circumstances shall remain

unaffected.

(2) Prcservation of rights. It is the purpose ofthis 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

PART I.

2-101. Program Overview,

TITLE V OPERATING PERMIT PROGRAM

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The purpose ofthis pan is to establish an air quality pennitting program consistent with

the requirements of title V ofthe Clean Air Act (42 U.s.c. 7661-7661 f et, seq.), its

implementing regulations at 40 CFR Part 70, and regulations applicable to treatment of Indian

Tribes in the same manner as States for purposes of tribal administration ofClean Air Act

programs (40 CFR Part 49).

2-102. Effective Date.

This title V Opcrating Pemlit Program shall become efTective upon the date ofthe

approval by the Administrator ofthe 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 operating pennit under this section:

(a) Any major source;

(b) Any source, including an area source, subject to a standurd, limitation, or

other requirement under Section III ofthe 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 would be

required to obtain a permit solely because they are subject to Pan 61, subpart M -

National Emission Standards for Hazardous Air Pollutants 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 of 40 CFR Pan 70.

(2) Exemptions.

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(a) The following sources are exempted from the requirement to obtain an

operating permit:

(i) All sources listed in th is code thal are not major sources, ac id

rain sources, or solid waste incineration units required to obtain a permit

pursuant to Section 129(e) ofthe 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) ofthis 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 publication, 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 ofthis 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 ofthe 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) Cease of Operations. 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 certification 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.

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2-106, Permit Applications.

(I) Duty to Apply. For each Part 70 source, the owner or operator shall submit to the

Tribe a timely and complete written pennit application in accordance with this code.

(2) Timely Application. 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 commence operation after Part 70 program

approval by USEPA Region VIII, one that is submitted within one year after the

source commences operation as a Part 70 source;

(b) For renewal applications, one that is submilled 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 change in operation,

the source must obtain 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 USEPA 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

specifically designatcd per source in the Tribe's approved transition plan, nOlice

of which transition plan will be provided by the Tribe to such sources.

(3) Complete Application,

(a) To be determined complete, an application must provide all infonnation

required pursuant to this code, except that an application for permit revision need

supply only such infonnation as is related to the proposed change.

(b) A source's ability 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 ication, provided that the application is determined to be

complete under this code and the applicant adequately submits any requested

additional informalion by deadlines specified by the Tribe.

(c) The submittal of a complete application shall not affect thc requirement

that any source have a preconstruction pennit under title I of lhe Act.

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(4) Application Content. All applications shall be made on standard forms provided

by the Tribe, and shall include the following information:

(a) The date ofthe 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 ofthe 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 ofthe 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 ofthe 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 operating 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 ofsize or

production rate, a list of insignificant activities at the source and any information

necessary to determine applicable air pollution control requirements and, for

insignificant emissions, a listing ofsuch 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 Act or to

determine the applicability ofsuch requirements, including information necessary

to collect any fees owed under this code;

U) Additional information as determined 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 conditions 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) Compliance certification 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 tcst methods;

(iii) A schedule lo r submission of compliance certifications 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 ofthe compliance status ofthe 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 comply 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 statement that the source will meet such requiremcnts on a

timely basis;

(iv) A compliance schedul e for sources that are not in compliance with

all applicable requirements at the time of pennit issuance, including a

remedial measures schedule, with an enforceable sequence of actions with

milestones, leading to compliance with such applicable requirements,

provided that the compliance schedule shall be at least as stringent as that

contained in any consent decree or administrative order to which the

source is subj ect, and the obligations of any consent decree or

administrative order shall not be in any way diminished by the compliance

schedule, and that any such compliance schedule shall be supplemental to,

and shall not sanction noncompliance with, the app licable requirements on

whic h it is based; and

(v) A schedule for submission of certified progress reports no less

frequently than every 6 months for sources required to have a schedule of

compliance to remedy a violation.

(vi) The compliance plan content requirements 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

schedule and mcthod(s) the source will use to achieve compliance with the

ac id rain emissions limitations.

(vii) For applicable requirements that will become efTective upon

implementation of an AOS, a statement that the source will meet such

requirements upon implementation of an ADS.

(5) Duty to Supplement and Correct. Any applicanl who fails 10 submit any

relevant facts or who has submitted incorrect information in a permit application or in a

supplemental submittal shall, upon becoming aware ofsuch fai lure or incorrect submittal,

promptly submit such supplementary facts or corrected information. In addition, an

applicant shall provide further informa tion as necessary to address any requirements that

become app licable to the source after the date it filed a complete application but prior to

release of a draft pennit.

2-107. Action on Permit Applications

(I) Completencss Determinations.

(a) The Tribe shall determine whether an application for a permit, significant

revision, or renewal, or a submission of additional information in response to a

notification of incompleteness, is complete under § 2-1 06 ofthis code within 60

24
days of receipt of the application. If the Tribe has requested additional

infonnation needed for a completeness 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

applicant of incompleteness 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

permit 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 or 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

emissions limitations consistent with § I 12(i)(5) of the Clean Air Act, 42 U.S.C. §

74 I2(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 supplemental 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- t08

of this code;

(c) Except for administrative and minor permit revisions, the Tribe has

complied with the requirements for public participation 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 Notification.

(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 of basis for the draft permit;

(x) All documents cited in the statement of basis;

(xi) Other documents conta ined in the supporting file for the draft pemlit.

(c) The additional documents required under paragraph (b) ofthis section

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 which are included in the administrative 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 long as it is specifically referred to in the statement

of basis or in the response to comments.

(e) (fthe Tribe disapproves a pemlit, 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 review, as those that apply

to initial permit issuance.

(b) Pennit cxpiration tcrminates the source's right to operate unless a timely

and complete renewal application has been submitted consistent with § 2-

104(2)(b) and § 2-106 ofthis code.

(c) Ifthe Tribe fails to act in a timely way on a permit renewal, EPA may

invoke its authority under section 505(e) of 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 ofthe Act.

27
2-108. Rcvicw by the Administrator and Affcctcd Programs.

(I) Applicability. 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. Pennits for

source categories waived by the Administrator from this requirement and any pennit

terms or conditions which are not required under the Clean 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

pennil, 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 records and submit to the

Administrator 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 ifthe Administrator

28
determines 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) ofthis section shall include a

statement ofthe Administrator's reasons for objection and a description of the

terms and conditions that the pennit must include to respond to the objections.

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) ofthe 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) ofthe

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

pennit unless it is revised and issued in accordance with subsection (4) of

this section; and

(iii) ifthe Tribe has issued a pennit before receipt of all objection by

the Administrator under § 505(b)(2) ofthe 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) ofthe 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 submittal, in accordance with § 505(c) ofthe 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 Administrator will

notify the Tribe and the permittee ofsuch 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 oftermination, modification, or revocation and

reissuance, as appropriate, within 90 days after receipt ofsuch 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 submit a proposed determination pursuant to paragraph

(c) of this section or fails to resolve any objection pursuant to paragraph (a) ofthis

section, the Administrator will tenninate, modify, or revoke and reissue lhe pennit

after taking lhe following actions:

(i) Providing 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 opportunity for comment on lhe

Administrator's proposcd action and an opportunity for a hearing.

2-109. Public Notice and Participation.

(I) Applicability. Proceedings for all initial permit issuances, significant permit

revisions, rencwals, reopenings, rcvocations, and terminations, shall inc lude public notice

and provide an opportunity for public comment. The Tribe may hold a public hearing for

draft permits, proposals to suspend, reopen, revoke, or terminate a pcrmit, or for any

reason the Tribe deems appropriate, and shall hold such a hearing in the event of

significant public interest.

(2) Timing. 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 Content of Notice. Public notice, whether for comment or hearing

shall be given by publication in a newspaper of general circulation in the areil where the

source is located (e.g., the Southern Ute Tribal Drum, the Durango Herald, the Pine River

Times, the Pagosa Sun, the Farmington Dai ly 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 public. The notice shall identify the

affected facility; the name and address of 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 involved in any permit revision; the name, address, and tclephone

number of a person from whom interested persons may obtain additional information,

30
including 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 of procedures 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 ofthis code.

(4) Hearings. Public hearings shall be held on the Reservation. The time, date, and

place ofthe 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

reasonable 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 other information requested

by the Administrator so that the Administrator may fulfill his or her obligalion under §

505(b)(2) of the Clean Air Act, 42 U.S.C. § 766Id(b)(2), to determine whether a cilizen

petition may be granted. Such records sha ll be available to the public upon request.

(6) Response to Comments.

(a) Al the time any final permit decision is issued, the Tribe shall issue a

response to public comments.

(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 supplied 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 Administrator.

(a) 1fthe Administrator 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 Administrator's 45-day review period to make such objeclion.

(b) Any such petition shall be based only on objeclions lo the pemlit thal were

raised with reasonable specificity during the public comment periods provided lor

above, unless the pctitioner demonstrates that it was impracticable to raise such

objections within such periods, or unless the grounds for such objection 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 requirements if the pennit was issucd after the end

ofthe 45-day review period and before the Administrator's objection.

(d) Pending resolution of any public petition to the Administrator under this

subsection, the relevant source will not be in violation ofthe requirement to

submit 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 review ofthat action under

applicable law, may appeal to the Commission in accordance wilh this code and the

Commission's Procedural Rules. Solely for the purpose of obtaining administrativc

review beforc the Commission for failure to take final action, final pennit action shall

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 section shall be

the exclusive means for obtaining review ofthe tenus and conditions of pennits.

Petitions for administrative review must be filed no later than 60 days after the final

pennit action. Notwithstanding the preceding requirement, petitions for administrative

review of final pennit actions can bc filed aftcr the dcadlinc designated by thc

Commission, only if thcy arc based solely on grounds arising after the deadlinc for

administrative review. Such petitions shall be filed no later than 60 days after the new

grounds for review arise. If the final pennit action 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. Permit Content.

(I) Standard Requirements. Each operating penuit shall include the following:

(a) the date of issuance and the pennit tenn, which shall be for a fixed tenn of

5 years in the case ofaffected sources and all other sources (notwithstanding this

requirement, the Tribe shall issue permits for solid 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 shall review such pemlits at least every 5

ycars);

(b) for major sources, all applicable requirements 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 stack emissions, regardless of whether the source category in

question is included in the list ofsources contained in the definition of major

source;

(d) emission limitations and standards. including 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 identified 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 otherwise 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 applicable 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 stringent 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, enforceable, 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 revision shall be required for increases in emissions that arc

authorized by allowances acquired pursuant to the acid rain program,

provided that such 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 with any other applicable requirement.

33
(iii) Any such allowance sha ll be accounted for according to the

procedures established in regul ations promulgated under title IV ofthe

Act.

(l) a severability clause to ensure the continued validity ofthe various permit

requirements in the event of a challenge to any portions ofthe 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 this code.

(2) Commission and Federal Requiremenls. Pem1its shall be issued containing all

applicable requirements, including requirements from both the Commission and from

federal program regulations requirements. This 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 to which the

permittee is subject.

(3) Required Stalements. Each operating permit shall include provisions stating the

following:

(a) the permittee shall comply with all tenns and conditions of the permit;

noncompliance with federally enforceable or Commission-only pennit conditions

constitutes a violation ofthis code and the Clean Air Act, and any permit

noncompliance constitutes grounds for enforccment action, permit termination,

revocation and reissuance, or revision or for denial of a permit renewal

application;

(b) it shall not be a defense for a permittee in an enforcement action lhat it

would have been necessary to halt or reduce the permincd activity in order to

maintain compliance with lhe conditions of the permit;

(c) the pennit 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 condition;

(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 Clean Air

Act or under any of its applicable requirements, including any provisions

34
designed to limjt a sourcc's potcntial to emit, are cnforceable by the

Administrator and citizens under the CIC<1n Air Act, except that the pennit shall

specifically dcsignate as not being federally enforceable under the Clean Air Act

any tenns or conditions includcd in the pennit that arc not required under the

Clean Air Act or under any of its applicable requirements. Tenns and conditions

so designated are not subject to thc requirements of §§ 2-108, 2-11 I, 2-112, other

than those contained in this paragraph (f) of this section: and

(g) the issuance of a pennit, or the filing or approval of a compliance plan,

does not relieve any person from civil or criminal liability for fai lure to comply

with the provisions of this code and the Clean Air Act, applicable regulations

thereunder, and any other 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 Clean Air Act and

its applicable regulations.

(5) Monitoring Requircmcnts. Each operating pennit shall include the following

requirements:

(a) all monitoring requircmcnts and analysis procedures or test methods

required under applicable monitoring and testing requirements, including 40 CFR

Part 64, and any other procedures and methods promulgated by the Administrator

pursuant to § 114(a)(3) or 504(b) ofthe Clean Air Act or by the Commission. If

more than one monitoring or testing req uirement applies, the pennit may specify a

streamlined set ofmonitoring or testing provisions provided that the specified

monitoring or testing is adequate to assure compliance at least to the same extent

as the monitoring or testing applicable requirements that are not included in the

pennit as a result ofsuch strcaml ining;

(b) where the applicable requirement does not require periodic testing 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 representative of the source's

compliance with 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 consistent

with the applicable requirement. Recordkeeping provisions may be sufficient to

meet the requirements of this paragraph;

(c) as neccssary, requirements concerning the lise, maintenance, and, when

appropriate, installation of monitoring equipment or methods; and

(6) Recordkeeping Requiremenls.

35
(a) The pennit shall require recordkeeping sufficient to assure and verify

compliance with the tenns and conditions orthe 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 ofsampling or

measurements;

(ii) the date(s) analyses were perfonned;

(i ii) the company or entity that perfonned the analyses;

(iv) the analytical techniques or methods used;

(v) the results ofsuch analyses; and

(vi) the operating conditions existing at the time ofsampling 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 pennit 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 pennit

requirements, including emergencies;

(b) Prompt reporting of all deviations from pennit requirements (including

emergencies), including the date, time, duration, and probable cause ofsuch

deviations, the quantity and pollutant type of excess emissions resulting from the

deviation, and any preventative, mitigation, or corrective actions or measures

taken. Where the underlying applicable requirement contains a definifion of

"prompt" or otherwise specifies 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 of pennit requirements, the report must be made by

telephone, verbal, or facsimile communication by the close of business 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 facsimile 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 Flexibility Requirements. 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 permits, 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

section to all tenns and conditions under each such ADS; and

(iii) Must ensure that the lenns and conditions of each ADS meet all

applicable requirements and the requirements ofthis code. The Tribe shall

not approve a proposed ADS into the part 70 pennit until the source has

obtained all authorizations required under any applicable requirement

relevant to that AOS.

(c) tenns and conditions identified in the application and approved by the

Tribe for the trading of emissions 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 established in the pennit

independent of otherwise applicable requirements, and provided further that such

tenns and conditions sha ll:

(i) be issued only to the extent that the applicable requirements

provide for trading such increases and decreases without a case-by-case

approval;

(ii) require compliance with all applicable requirements and include all

tenns and conditions required under this section to detennine compliance,

provided that the applicant shall include in the application proposed

replicable procedures and pennit terms that ensure the emjssions trades are

quantifiable and enforceable, and the Tribe shall not include in the

emissions trading provisions any emissions units for which emissions arc

not quantifiable or for which there are no replicable procedures to enforce

the emissions trades; and

(iii) require fo r each such proposed change that the pennitlce provide

writtcn notiJication to the Tribe and the Administrator at least 7 days in

advance thercof, which notice the pennittee and Tribe shall attach to their

copies of the re levant pennit. Such notice shall specify whcn thc proposed

change will occur; shall describe the proposed change, including the

resulting emissions changes and the pollutants emitted subject to the

emissions trade, and how the change will comply with the tenns and

conditions of the pennit; and shall specify the provisions of this code with

whic h the source will comply in making the change.

(d) provisions prohibiting sources from making, without a pennit revision,

changes that are not addressed or prohibited by the part 70 pennit, ifsuch changes

38
are subject to any requirements under ti tle IV of the Act or are modifications

under any provision of title I of the Act.

(9) Complia nce Requirements. Each operating pcnnit shall Include the following

requirements:

(a) consistent with §§ 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 ofthe 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 ofthe permit;

(ii) have access to and copy, at reasonable times, any records that must

be kept under the conditions or the permit;

(iii) inspect, at reasonable times, any facilities, equipment (including

monitoring and air pollution control equipment), practices, or operations

regulated or required under the pennit; and

(iv) sample or monitor, at reasonable times, any substances or

parameters for 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 applicable requirements relevant to the source,

including those related to emission limitations, standards, or work practices, and

shall include:

(i) the identification of each term or condition of the pennit that is the

basis of the certification;

(ii) the compliance status of the source;

(iii) whether compliance was continuous or intermittent;

(iv) the methodes) used for determining the compliance status orthe

source, currently and during the reporting period identified in the permit.

39
Such 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 compliance certification, and an identification as possible

exceptions to compliance of any periods during which compliance is

required 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

compliance 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) consistent 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 ifspecified 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 schedule, 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 specify.

(10) Permit Shield.

(a) Except as provided in this code, the Tribe may expressly include in an

operating pennit a provision stating that compliance 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 specifically

identified in the permit; or

(ii) the Tribe, in acting on the permit application or revision,

determines in writing that other requirements specifically identified are

40
not 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 section or in any operating pennit 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 violation 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 ofthe 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 not extend to § 2-110(8) changes, off-permit, and

S02(b)( I0) changes under § 2-1 16 ofthis code, or minor permit revisions under §

2·111 (3) ofthis code, or pernlit terms or conditions for which notice has been

given to reopen or revoke all or part under § 2·112 ofthis 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 revision concerning the

hazardous air pollutant 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 ofthe revised permit to

the Administrator.

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(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) ofthis section

which meet the relevant requirements for significant pennit revisions.

(3) Minor Permit Revisions.

(a) Application: A pennittee may apply to the Tribe for a minor pennit

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 ofthe 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 ofthis 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 ofsuch effects.

(b) Limitation: A permittee shall not submit multiple minor pennit revision

applications that may conceal a larger revision that would not constitute a minor

pennit 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 completeness.

The Tribe shall notify the applicant of that determination by certified mail,

provided lhat any incompleteness notice shall also state what additional

42
infonnation or points of clarification are necessary for the application to be

detennincd complete. Unless thc Tribe deternlines that such an application is not

complete, requests additional infonnation, 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

completion 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 ofthe pennit and, on two or morc occasions have failed

to file a complete 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 comply with both the applicable requirements governing the

change and the proposed pennit tenns and conditions. During this period, the

pemliuee need not comply 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 existing 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 454 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;

(iii) detennine that the requested revision does not constitute a minor

pennit revision and should be reviewed as a proposed significant pennit

reVISIOn; or

(iv) revise the draft pemlit revision and transmit to the Administrator

the new proposed pennit revision as required by § 2·108(2) of this codc.

(4) Significant Permit Revisions.

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(a) Significant pennit revisions as defined in § 1-1 03(57) ofthis code sha ll

meet all requirements ofthis 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 review ofsignificant pennit revision applications

within 9 months after such applications are detennined to be complete. The

majority ofsignificant pennit revision applications shall be considered in the

order in which they arc detcnnined to be complete, based on the order of receipt.

2-112. Permit Reopenings, Revocations and Rcissuances, and Terminations.

(1) Action by the Tribe.

(a) Reopening and Revocation and Reissuance 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) ofthis

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 unless 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 pennit;

(iii) the Tribe or lhe Administrator dctennines that the pemlit contains

a material mistake or that inaccurate statements were made in establishing

the tcnns or conditions 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 Revocation and Reissuancc Limitations: Proceedings to

reopen and revise, or revoke and re issue, a pennit shall comply with the

proceduml requirements for initial pennit issuance, and shall affect only those

44
parts of thc permit for which cause to reopen and revise, or revoke and reissue,

exists. Units for which permit conditions 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 ofthe

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

monitoring 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

(vii) 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) Action 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 oftemlinalion, modification, or

revocation and rcissuance, as appropriate. Within 90 days from receipt of an objection by

45
the Administrator to a proposed determinalion, the Tribe shall address and act upon such

objection.

(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 pennit. 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 Limitation: Nothing in this section shall be construcd to alter any

applicable preconstruction rcquirements under § 165 of the Clean Air Act, 42 U.S .c. §

7475.

2-113. Permit 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 transferred from one person to another if the

Tribe finds that the transferee is capable ofoperating 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) Issuance,

(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 applicable to other

operating pennits and shall identify criteria by which sources may qualify for the

general permit.

(2) Application.

(a) The owner or operator of a Part 70 source that would qualify for a general

pennit must:

(i) apply to the Tribe for coverage under the terms of the general

pennit; or

(ii) apply for an operating 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

applications meet the requirements oftitle V of the Clean Air 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 authorize qualifying sources that apply for coverage under

a general permit to operate under the tenns and conditions ofsuch 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) Notwithstanding § 2·110(10) of this code, the penniltee shall be subject to

enforcement action for operation without an operating permit ifthe source is later

detemlined not to qua lify for the conditions and temlS of the general permit.

2-115. Portable Source 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 Source. 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 souree shall not, at any location, result in or contribute

(0 an exceedance of a national ambient air quality standard or increment or

visibility requirement under Part C oftille I of the Clean Air Act.

2-1 16. Facility Changes Allowed Without 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 revision:

(I) Section 502(b)(IO) Cha 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 Administrator 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 ofthe preceding paragraph. and shall promptly notify the permiuee

ofthis determination.

(d) If the proposed change and the notice is sufficient, the permiuee and Tribe

shall attach each such notice to their copy ofthe relevant permit. Ifthe change is

determined not to qualify or the nOlice is not sufficient, the original tem1S of the

permit remain fully enforceable.

(2) Off-Permit Changes.

(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 emissions 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 ifthe 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 pennit; 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 Applicable Requirements. This provision is in addition to any

emergency or upset provision contained 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

49
by the Tribe (Fonn FEE), during the first year of operation. Part 71 sources

transitioning lO the Part 70 program shall continue to pay annual fees according to

paragraph (2)(b)(i) of this section. Ca lculations of actual or estimated emissions

and ca lculation ofthe fees owed by a source shall be computed by the source on

fee calculation work sheets provided 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 submit a report

of its actual emissions for the preceding calendar year and to compute fees owed

based on those emissions. For sources that have been issued Part 70 or Part 71

pennits, actual emissions shall be computed using compliance methods required

by the most recent pennit. If actual emissions cannot be detennined using the

compliance methods in the pennit, the actual emissions should be detennined

using fedemlly recognized procedures. Ifa source commenced operation during

the preceding calendar year, the source shall estimate its actual emissions for the

current calendar year. In such a case, fees for the source shall be based on the total

emissions estimated.

(c) The initial fcc calculation worksheet shall be certified by a responsible

official consistent with § 2-105 of this code.

(2) An nual Fees. An annual operating pennit emission fee sha ll be paid to the Tribe

by each owner or operator of a Part 70 source.

(a) Such fcc shall be assessed:

(i) for a major source, for all emissions units; and

(ii) for all other sources, for emissions units that cause the source to be

subject to this code.

(b) The first annual fcc to be paid shall be detennined and paid as follows:

(i) For sources in operation before the efTective date of this code, the

first annual fee shall be based on the emissions inventory for the preceding

calendar year or the applicable minimum fcc, whichever is greater. The

fcc shall be due on the date specified in the Tribc's Tmnsition Plan.

(ii) For sourccs that begin opcration aftcr thc efTective date of this

code, and for sources that become subject to a pennit requirement

pursuant to title Vofthe Clean Air Act through promulgation ofthe

Administrator after the efTective date of this code, the first annual fee shall

be based on the applicable minimum fcc or the per ton fee based on the

actual emissions from the lirst year of opemtion, whichcver is greater. The

first annual fee shall be due on the mmiversary date of 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 emissions inventory is available, the first annual fcc shall be

based on estimated emissions 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 preceding operating year or the applicable minimum

fee, whichever is greater. All annual fee calculation worksheets shall be certified

by a responsible official consistent with § 2-105 ofthis 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, cia Environmental Programs Division, P.O. Box 737 MS#84, Ignacio,

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 Clean Air Act.

(5) Nonpayment.

(a) Failure to remit the full fee required by the due dates specified in this

section constitutes a violation ofthis 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 penalties assessed against a source under this section arc paid.

(c) An initial or renewal application shall not be found complete unless Ihe

source has paid all fees owed.

(6) Pcnalty and Intcrcst Assessmcnt.

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(a) The Tribe shall assess interest on payments which are received later than

the date due. The interest rate shall be the sum of the federal shOI1-teml rate

determined by the Secretary ofthe Treasury in accordance with Section

662 I(a)(2) ofthe International Revenue Code of 1986, plus 3 percentage points.

(b) The Tribe shall assess a penalty charge of 50 percent ofthe fee amount if

the fee is not paid within 30 days of the payment due date.

(c) If a source underpays the fcc owed, except as provided in paragraph (6){d)

ofthis 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) ofthis 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 ofthese emissions, the Tribe shall assess a penalty charge of 50

percent on cenain of these underpayments, according to the following provisions:

(i) The penally charge shall be assessed whenever a source's

underpayment exceeds the underpayment penally cutotT established in

paragraph (6)(d){iii) ofthis section. The penally amount shall be 50

percent of the pol1ion o f the underpaymenl which is in excess of the

underpayment penalty cutotT.

(ii) Where a source is subject to a penalty for 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 shall 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 Iistf,,'<l. pursuant to

§ I 12(b) ofthe 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<! Schedule.

(I) Emission and Minimum Fees,

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(a) Initial Emission Fees: Unless otherwise set pursuant to this section,

annual emission fees for all sources required 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) ofthis 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 emission and minimum fees set under the preceding

subsections shall be adjusted at the beginning of each calendar year to reflect any

percentage increase by which the Consumer Price Index for the most recent year

exceeds the Consumer Price 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

emissions 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 ofthe

applicable minimum fee or the sum ofsubtotal 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 Assessment Errors.

(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 additional 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 provide a writlcn explanation of the al leged error to the Tribe along

with the assessed fee. The Tribe shall, within 90 days of receipt ofthe

correspondence, review the data to dctennine 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 Demonstration. The Tribe shall provide a demonstration to the

Administrator that the fee schedule established pursuant to this section, in conjunction

with any application fees established by lhe Tribe pursuant to this section, will result in

the collection and retention of fees in an amount sufficient to cover permit program costs.

Such demonstration shall also conta in an ini tial accounting (and periodic updates as

required by the Administralor) of how required fee revenues are used solely to cover

pemlit program costs.

2-120. Reduction in Permit Fees.

The Tribe may reduce any fee required under this code to take into account the financial

resources ofsmall business sources.

2- 121. Enforcement Authority.

Pursuant to the enforcement authority enumerated in P.L. 108-336 and applicable

provisions of the Clean Air Act, the Tribe has the following authority to prevent and address

violations ofthis 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 permit conditions, or is presenting an

imminent and substantial endangcnnent to the public health or welfare, or the

envirol1lnent; without the necessity ofa prior revocation ofthe permit.

(2) Civil Penalties and Damages. To assess or sue to recover in court civil penalties

or recover civil damages according to the 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

amount of not less than $10,000 per day per violation;

(e) Civil penalties or damages shall be recoverable ror the violation or any

applicable requirement; any pennit condition; any fee or filing requirement; any

duty to allow or carry out inspection, entry, or monitoring aCl'ivities; or any

regulation or orders issued by the Tribe. Mental state shall not be included as an

element or prooffor civil violations.

54
(3) Criminal Enforcement In accordance with the lOA and federal law, EPA will

exercise 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 of proof 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 compile 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 compliance 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 ofthis 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 those actions; and

(c) The number of administrative orders issued.

(2) Method. The Tribe shall consult with the Administrator regarding the preferred

method for 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

claim of confidentiality:

(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 CFR §

2.301(e).

(3) Submittal to Administrator. The Tribe may require or pennit an applicant or

pennittee to submit directly to the Commission or Administrator a copy ofsuch 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 operating 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 compliance), emissions or compliance monitoring report, certification, 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

ofthis program shall be available to EPA upon request without restriction and in a fOffil

specified by the administrator, including computer·readablc 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 7

CO NFIRMATION NOTIC E OF DIRECT FINAL RULEMAKING O N EPAREQUIRED C HANGES TO RESERVATION AIR CODE AND

TITLE V OPERATING PERMlT PROGRAM

The Southern Ute Indian Tribe/State ofColorado 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) ofthe Clean Air Act (42 U.S.c. § 74 I2(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

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 MS#84,lgnacio, Colorado, 81137;

tclephone number (970) 563-4705 (ext. 2246); fax number (970) 563-0384; e-mail

bjarrell@,southern-ute.nsn.us

Tab 8

Jarrell, 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. Benko (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

(naush@co.laplata.co.us); Kellie Hotter (hotterkc@co.laplata.co.us); Paul Kosnick

(kosnik@srogerslaw.com); Carole McWilliams (news@pinerivertimes.com); Danielle Lorrigan

(lorrigan@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'

(dgmustard@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); 'greghusler@hotmail.com'

(greghusler@holmail.com); 'martinezaj@co.laplata.co.us' (martinezaj@co.iaplata.co.us);

'carol.caulhen@williams.com' (carol.caulhen@williams.com); 'barbarawroberts@gmail.com'

(barbarawroberts@gmail.com); 'gandrews@durangoherald.com'

(gandrews@durangoherald.com); rebecca.robert@bp.com; karena_csUl@yahoo.com; Jones,

Mark, NMENV (Mark.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.silverstein@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 (milofsky-r@fortlewis.edu); Frazier, Virgil; Brown,

Fran: Jeff Jefferson Jr.; Sam W. Maynes (smaynes@mbssllp.com); Hall, Lorelyn; Mills, Monte

(mmills@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_clean 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 published 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 Notice 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 rtc ludian Tribe

PhOllC: (970) 56:i-1705 Fax: (970) S6:i-0:i!H

EUla il: inSje we l(@SOIII]lenl-ule.llsll.US

,
PROOF OF PUBLICAliON

Couaty of La PI"ta. 1 IS.

State of Colorado D~~ngu Her lo Draw~ A, Durango. Colorado 81! 02

I. Karen Thompwn . do solemnly su,'car that I am the Cluffm"r sen,jce repre elltatj" cfthe Durango Herald. and that I

have personal knowlc<lgc of the essential facts staled herem; that the same is a daily newspaper printed in whole, and published in

the County of La Plata, State of Colorado. and ha~ a general circulation therein; that said newspaper has been published

continuously and uninterruptedly in .said County of La Plaia for a period of more than twelve momhs next prior to the first

publication of the annexed Legal nOlice or advertisement: thaI said newspaper has been admitted to the Uniled States mails as

second-class matter under a provision of the Act of March 3. 1879. or any 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 ofColorado.

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

CONf1AMATlON NOTICE OF

DiRECT ANAL AUl.EIlAKING

0101 EPARECUIRED

CHANGES TO RESERVATION

AIR CODE AND

TfT1..E V OPERATING PERMIT

PROGRAM

The 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

EPAs 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

In wilness whereof I have he my hand this 20th day of

Ihat the first publication of said nolice was in the issue period of said

newspaper dated XXXXX and that the last publication ofsaId 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:!. Slale 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:~/;" OF CO\":,

"":,"'I' lfllllll'f'l"\\ ,

" Exp(,e!>

•

AFFIDAVIT OF PUBLICATION

Ad No. 66422

STATE OF NEW MEXICO

County of San Juan:

JOHN ElCHERT, being duly sworn says:

That HE IS the PUBLISHER of THE OAILY

TIMES, a daily newspaper of general

circulation published in English at Farmington,

said county and state, and that the hereto

attached Legal Notice was published In a

regular and entire Issue of the said DAlLY

TIMES, a daily newspaper duly qualified for

the purpose within the meamng of Chapter

167 of the 1937 Session Laws of the State of

New Mexico for publication and appeared in

the Intemet at The Daily Times web site on

the following day(s):

Thursday, July 21 , 2011

And the cost of the publication is $85.19

ON ;?~~~ JOHN ELCHERT

appeared before me, whom 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 CODE 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- ....'11lII 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 Publishing, 123 Roger Smith Ave, Cortez, CO 81321

Telephone:

50274

50274 PN EPA REQUIRED CHANGES

07/23/11 to 07123111

1010

DSCHMITI

254 r8~~lv@d

~75

Ad ID:

Description:

Run Dates:

Class:

Qng User:

Words:

Lines:

Depth:

PO BOX 737 MS # 84

IGNACIO, CO 81137

(970) 563-4705

SOUTHERN UTE AIR QUALITY

Account: 111026

Name:

Company:

PROGRAM

Address:

I

Peggy'DaVes, Notary Pubiic

Mark Drudge

Advertising Manager

In Witness Whereof I have7here 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

fMontezuma, 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 circulation therein;

that said newspaper has been published continuously and uninterruptedly 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 ofsaid weekly newspaper for the period of 1

°nsertion(s); and that the first publication ofsaid notice was in the issue ofsaid

newspaper dated 07/23 A.D., 2011

nd that the last publication of the said notice was in the issue ofsaid newspaper

ated 07/23 A.D., 2011

50274

PUBLIC NonCE

CONFIRMATION NOTICE OF

DIRECT FINAL RULEMAKING

ON EPA· REQUIREO CHANGES

TO RESERVATION AIR CODe

AND TITLE V OPERATING

PERMIT PROGRAM

The Southern Ute Indian Tribel

State 01 Colorado Environmenta!

Commission hereby 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 rulemaking 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 Information eon: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) ,...*........~~........-......¥ 3Roger Smith Avenue

Cortez, CO 81321

PEGGY DAVES

Notary Public

State of Colorado

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. Colorado. 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 dETribII

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 ofsaid 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 ofJ_,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

calise. 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 claima 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 clwtp or name. to be known hereafter as

Nathaniel Roy1ohn Baker-Valdez. 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 vlJtd,., MU.

Janie Herren, 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, 2012
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 .

Civil 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 TrainingsfDevelopment....... . 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: Reservation Part 71 Sources that are Major Sources of IIAP Emissions 8

2 1Pagc
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 Clean Air Act (42 U.S.C. 7661-7661 f el. seq.), its implementing regulations 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 Clean 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 (Commission) 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 schedule

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 this

transition plan is to (I) outline 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 Part 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 unless

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 Part 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 Times, or the Cortez Journal). Furthennore, the Tribe will issue 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 necessary 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 intends 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 submission of a

Part 70 Program permit application from each Title V source. Each request for submission of

a Part 70 Program pennit application will indicate the appropriate deadline for submission 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 issues 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 process is not complete.

3. Transition Schedule.

To ensure that the transition of all Part 71 Program pennits 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 submission and permit

4 1Pagc
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 sources 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 Program

Part 71 Permit Permit Apillication Permit Issuance

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-SlJ-OOOX-05.02 111012012 4 mo. 12 I11OS.

RC Cupotc CS Y-SU-Q016-05.02 1/ 10120 12 4 mo. 12 mos.

SR Worford Rid,ge CS Y-SlJ-0046-07.0 I 7/6/20 12 4 mo. 121110s.

RC Ell. Point CS Y-SU-0044 -06.02 S/X120 12 4 mo. 12 mos.

IlI'TS #1CS 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 12 4 mo. 12 mos.

Ill' TS #4 CS Y-SLJ-OOO)-05.0 1 12/16120 12 4 mo. 12 mos.

IlPTSII7CS Y-SU-0006-05.0 1 12/16/20 12 4 mo, 12 mos.

RC Animas CS Y-SLJ-0035-08.0 1 1/14/2014 4 mo. 12 mos.

RC Diamondhack CS Y-S LJ·OOO18-2005,0 I 4/4120 14 4 mo, 12 mos.

SR 110ward Sail W<lter

lJisoosul Y-SU-0051 -I O.OO 11 /8/2015 41110. 12 mos.

Xcd Ellcr' Ii!limv CS Y-SlJ-00023-20 I0,00 5118/2016 4 mo. 12 mos.

Transition GrouD 2

RC Covule Gulch '1'1' Y-SIJ-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-SU-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/ 15/2014 8 mo. 24 mos.

NW La PlaIa B CS Y·SU·0029-08.01 7/15 /2014 8mo. 24 mos.

R(' Ilorneslead CS Y-SI)-0037-08.01 10/1/20 14 8 mo. 24 mos.

RC' Trai ICan on CS Y-SU-00048-2OOS.02 1012/20 14 Smo. 24 mos.

RC Pumo ('anvon CS Y-SU-OOO36-200S.0 I 1012612014 8 mo. 24 mos.

I'll' Dl') Creek Compressor

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 I11OS.

Transition CroUD J

41712oo8

Williams PLA-9 CDI' Y-SU-OOI4-o0.00 lextended) 12 mo. 36 mos.

41712008

CP Sunn 'sidc CS Y-StJ·0032-02.02 (extcnded) 12 mo. 36 mos.

1112912008

WiIli<lms 1['lmcio Plant Y-SU-0027-00.00 (cxtended \ 12 mo. 36 mos.

1/912009

CP 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-StJ-0043-06.02 4/2712012 12 mo. 36 mos.

131' Salvador 111r Y-SU-00009-2OO4.06 5/ 1712012 12 mo. 36 mos.

RC Arkansas Loop and

Simpson Trcatin ' Plants Y-SlJ-OO I0-05.04 5117/2012 12 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 71 Ptrmll '0. l\pintion Dalt Dut D'ft (b.sed on Ibft (b~ on

pr~tlm Ippro....' prOjl:tlm

d'ft) !2Pro....1d.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 111412014 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 IIIH12014 12 mo. 36 mos.

Ill' Florida River V-StJ-OOOO22-0S.0 I 11 /27f20IS 12 mo. 36 mos.

Ill' Wolf Poinl V-SU-00034·2007.01 I2IIHI20 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 described in RAe § 2-

106 and Table 2 below.

EP 1 dP 71 P . h Ta e bl 2: EXls..tine Part 70 Source WI' ou' an A- ssue 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. Timing of Final Permit Actions for Transitioning Sources.

As stated above and shown in Table 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 ications

that were received by the deadline. The Tribe intends to issue a final 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 on all Group 3 pennit

applications within the third year.

5. Early Reduction Demonstration.

Pennit applications for sources demonstrating early reductions 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(iX5) requirements do not

apply to any current Reservation Part 71 sources.

71Pagc
Table 3·. Reservation Pa rt 71 Sources that are Major Sources of HAP Emissions.

Sourcl.' Pari 71 Pe rmi t No.

OP Four Queens Central 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 Coyote Gulch TP Y·Sll'()()()12·2005.()'*

RC Capote CS Y·Sll-OOl6-0.5.02

RC Diamondback CS Y-SU-OOOIS-2005.01

Williams Ignacio Plant V-SU'()()27.()().oo

RC Outlaw CS V·SU-0003]·2007.02

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

BP Dr) Creek Compressor

Facilitv Y-SU-003S-<lS.OO

RC La Posta CS V·SU..()()().I()"'2009.0 I

OP TS #4A Y-SU-0041-<l5.0I

OP TS #5 A V-SU-0042-05.02

RC Elk Point CS V-SU-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-SU-00049-200S.03

GP Iron Ilorse CS V-SU-OOOSo-2009.01

6. Title IV Requirements.

Submission of pennit applications and the pemlitling of affected facilities shall occur

in accordance with the deadlines in Title IV of the Clean Air Act and the regulations

promulgated thereunder. Currently there arc no existing Part 71 sources operating on the

Reservation with Title IV requirements.

B. Part 70 Program Implementation.

1. Permit Fees for Existing I)art 71 Sources.

Once a Part 71 Program pennit has been transitioned to a Part 70 Program pennit. the

source shall pay annual emission fees to Ihc Tribe as set forth in the RAe. Until the Tribe

issues 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 emissions fee due

for a source transitioncd to a Part 70 Program pennit will be pro-rated with any fees for

emissions released under the Part 71 Program pennit paid to EPA and any fees for emissions

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 emissions 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 costs 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 fees ",ill be used solely 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 conditions, 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 1Page
ii. Civil Penalties and Damages.

To assess or sue to recove 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 separately 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 inspection, 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 exercise criminal enforcement jurisdiction over any persons on all lands

within the Reservation boundaries for violations of the Part 70 Program. The Tribe.

however, will provide potential investigative leads to EPA. as agreed to in the Memorandum

(?fAgreeme11l 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 Ule Indian Reservalion.

iv. Burden of Proof.

The burden of proof and degree of knowledge or intent required for establishing

violations 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

necessary by the Tribe. The inspections will include a site visit and site inspection, as well as

a comprehensive 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 inspections 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 Specialists). 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 AQP 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 Program 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/Development.

The Tribe's Air Quality Technical Manager and the two Air Quality Compliance

Specialists will complete the NETI Basic and Advanced Inspector courses and the

recommended trainings listed in EPA Order 3500././or Clean Air Act StalionOlY Sources as

course are available and travel budget allows for. They will also obtain Method 9 opacity

certifications bi-annually, annual 1-lazWopcr certifications. and maintain CPR and standard

first aid certifications. As needed, tribal staff will also attend pertinent compliance and

enforcement trainings offered by the State of Colorado. EPA, NETI, ITEP, and any other

organization thal offers courses relevant to the air pollution source inspections. including

online training courses.

12 1Page
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 StaffJustification 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. PublicJEPA 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 Collected 6

List of Tables

Tabll' I. Transition Timetabll' 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 IP 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 funds

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 revenue fund which, for the reasons

discussed herein, is the accounting mechanism chosen by the Southern Ute Indian Tribe

(Tribe).

The organizational structure of the entities that will be responsible for administering

the program was established by the Intergovernmental Agreement Between the Southern Ute

Indian Tribe and the State o/Colorado Concerning 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 communications between EPA and the Tribe and Commission.

II. Part 70 Program Accounting Structure

Both the Clean 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 must 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 reasons, 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 option

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"

(Environmental Finance Center Maryland Sca Grant College, EPA, January 1997).

1 IP 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. Expendable 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 AI 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 this 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 Pennit 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 pennit. 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 pennits 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 Homestead CS Simpson Treating • • .. c -:t -.. Plants

:=¢ RC Trail Canvon CS ~! BP TS #6B ~~ RC Pumo Canvon CS :a. Dr TS #8 ·

• -• I I -

...0 Br Dry Creek H RC Spring Creek CS

;: Compressor 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 pennit has been transitioned to a Part 70 Program pennit, 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 for 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 ofsixth year of program approval, the Tribe's Pan 70 Program will be a self-supporting

program.

B, Permit Fees

Under the CAA, pennit and emission fees collected must be sufficient to cover all

direct and indirect 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 ePI 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

Projected Part 70 Program Annual Emission Fees Collected

With 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 age
Figure 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

§ 24 118). 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.

Table 2, summary 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 S13,000 $ 13,000 $13,400 S14.000

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

Indirect 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 StaffJustification

As noted above, the existing 44 Part 71 Program pennits will be transitioned to Part

70 Program permits over a three year period. Forty of these existing Part 71 sources are

natural gas compressor stations, three are natural gas processing plants and onc 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 pennit related activities such

as public review are accounted for in the pennit 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 (initial, renewal, and significant 650 1\44 \584 Dennit revisions)

Issue Final Pennit 39 39 54

Pennit Revisions \00 229.75 491.25

Reopening for Cause \47 \47 \47

Compliance and Enforcement 580 935 2010

Additional Part 70 Program Pennitting Activities 50 495 530

Compliance Assistance 369 369 369

Pennit 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 inspections. 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 Program 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 determination, drafting,

issuance, revisions, public participation and review of regulations and policy guidance.

AssumptionsI. 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 permits. The Title V permitting universe includes the existing Part 71

sources identified in Section lII, Table I of this document.

1. Permit Application 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 of compliance plans, schedules, and compliance 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 Review (in hours)

IIrs/ Simpll' llrs/Complc.\:

Activitv: I'l'rmit aOlllication review (lnitian Pl'rmit Permit

I)re-annlicatioll meetinl:!s (where annlicable) I I

Conmleteness review of annlicatiolls 2 4

Technical analvsis of aonlication content 4 8

Review of comnliancc nlans, schedules, and comollance certifications I 4

Issue n.~eint leiter s to faci litv, EPA and alTected Perminin' Authorities I 1

Reauest additional datalinfonnation, if necessarY 4 4

Issue comoleteness detennination letter(s) 1 1

Establish facility liIe/data entrY 2 2

Transmittal to EPA of a co~y of nennit 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/Complex AnnulIl \\'orkhtad

I'ermit I)erlllit Eslillllltc

Activity: Initial P,rt 70 Program pennit 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/Complex 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 offpennit conditions)

• Fill in gaps within applicable requirements (e.g., periodic monitoring and testing)

• Incorporate appropriate compliance conditions (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 Basis

• 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 "Commission-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 conditions 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 tenns and conditions development 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 Descriotion- This task includes all actlvlttes relatcd to the public

participation process associated 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 of necessary documentation for review

• Response to EPA comments/objections

• Review and respond to pennit challcnges

• Petitions for EPA objections

• 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 lor issuance, renewal,

significant revisions (including staff time and publication costs) 4 4

ReSpOnd to commcnts rceeived 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/EPA Participation (in hours)

IIr. ~illlple 1Irs1 Compte, .\nnual

Firsl ' ear \\ orklolld I'ermit Penni! ESlilllllle

Activity: Public- EPA Participation (Initial, renewal and 650 0 650 signiticant revisions)

II rslSi mple IlrvComple'l: Anllual

Second Year \\ orklond I)('rmit I)('rmil

[slimale

AClivity: Public/EPA Participalion (Initial, renewal and 0 1144 1144 significant revisions)

IIrSiSimpl(' IIrsoCompl(', \nnunl

Third' ear Workload I)rrmil Permil f:sliruale

Activity: Public/EPA Panicipation (Initial. renewal 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 IlnwComplex

.\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 Issuance in hours)

Firsl , foar IInw~illlple IIrlwComple, \nnual \\ orUoad

Permit Permit [stimllie

AClivity: Final Part 70 Program pennit issuance 39 0 39

Second' ear lin/Simple IlrsiComple~ AnllUlli \\'orklolld

I)crllli! Permit Eslimal('

Activity: Final Pan 70 Program penni! issuance 0 39 39

Third Year IlrsiSimpl(' IIrs/Complex Allllual \\ orklolld

I'('rmit Permit Eslimale

Activity: Final Part 70 Program pennil issuance 0 54 54

13 1P ac
5. Permit Revision

Plain Language Deseription- This task includes all activities related to the administrative,

minor, significant, and off pennit amendments to Part 70 Program pennits.

General Description· Pennit revisions include the following activities:

• Administrative pennit revisions, 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 Ilrs/Simpll." Ilrs/Compl{':\' Ilrs/I'{'rmit

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 modIficatIon actIvitIes from 2008-20 I l.

Table 8.5.2 Three Year Workload Estimate for Permit Revisions in hours)

Ilrs/Simplt, II rs/Compll':\ Annual

First Vl'ar Workload !'ermit I'crmit [stimat{'

Activity: 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 Revisions)

Ilrs/Simpl<- Ilrs/Complex Annual

Third Y{'llr Workload )){'rmit I'{'rmit Estimate

Activity: Pemtit revisions (Initial, Renewal, and Significant 175 316 491.25 Pennit Revisions)

., , .

141 Pagc
6. Reopening for Cause

Plain Language Description- This task includes all activities related to the reopening of

tribally-issued Part 70 Program pennits.

General Description- Pennit reopenings include the following activities:

• Notification 30 days before reopening

• Public 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

Address permit as appropriate to satisfy reopening for cause action 33 57

Total 82 65

·11 IS estImated that two sImple pemlltS and three complex penmts reopened annually.

15 1Pagc
7. Compliance 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:

• Review source file and compliance schedules

• Review 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 of notices, findings, and letters of violation

• Development of cases and referrals up until the filing ofthe complaint or order

-These of compliance and enforcement aCIlVlllCS are on a case-by-<:ase ba:o;l!'i.

Table B.7.1 \Vorkload Estimate for Compliance and Enforcement (in hours)

IIrsiSimpl(' IInlCompl('x Ilrs/I'('rmil

.\ clh·in': ConlDliance and Enforcement Pennit Perlnil Coa... I'lanl

Source file review (C.2.. review ocrmit and SOBl 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. pcrfomlancc

soecific81ion tcslS) • I. 24

Review semi-annual reoons • I. 24

Review annual compliance cenifications • I. 24

Ensure Slack lesting is performed in accordance 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 Investil1ation unscheduled investigation) • • •

Iioid enforcement conference meetin.s • • •

Issue appronriatc nOlices. findings. and letters of violation • • •

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 Three Year \Vorkload Estimate for Compliance and Enforcement (in

hours)

lIrs! Jlrs! Ilrs!Permit Anllual

First Yellr Simpl(' Comph.·'\; Cas Ilhmt \Vorkload

Permit P('rmit Esfimat('

Activity: Compliance and Enforcement (·Pan 70 Program staff

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 1lIit

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 IIrs/P('rmit Annual

Third Y('llr Simpl(' Compl('x GllS I'l:lllt Workload

Permit Permit ':sfilll:lf('

Activity: Compliance and Enforcement (Part 70 pennit-issued 0 1710 300 2010 sources)

8. Additional Part 70 Program Permitting Activities

Plain Language Description- This task includes all additional activities relating 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- Additional Part 70 Program pennitting activities include the following:

• PSDINSR pennits issued pursuant to Parts C and 0 ofTitle I ofthe CAA

• Applicability dctcnninations for other CAA requirements as they apply to

Part 70 sources

Table 8.8.1 Workload Estimate for Additional Permittin2 Activities (in hours)

Ilrs/Simptl' IlrsfColllpl('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"/Compk'l: Alllltllli

First Year Workload Pl'rmit I)crmit

Estimate

Activity: Additional 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> Ilrs/Complex Anllual

Third ¥{'ar Workload Permit I'l'rmil Estillllll{'

Activity: Additional Pemlitling Activities 0 530 530

9. Compliance Assistance

Plain Language Description- This task includes all activIties 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 Compliance Assistance (in hours

Ann ual

Aelhity: CompJiallcl' As..istann' (Alin uall~ Workload

Estimate (Ilrs)

Counseling to help sources detemline and meet their obligations under the Pari 70 260 Program

Prepare outreach/publications 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 administration includes the following activities:

• Fee demonstration projection and review

• Fee collection and administration

• Periodic cost accounting

Ad (in hours) 00 T bl B 10 I W kl d E to f P ° F P • c 0

° or 0' s IDlate or ernut cc rogram mlOlstratlOn

Al'tivily: Pl'rmil Fl'l' Admiuistr:ltion

AnnulIl Workload

[stimall.' (hrs)

Fee demonstration projection 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 Description- General Part 70 Program management includes the following

activities:

• Modeling and analysis (as ne(,.xled basis)

• General program administration and technical support (program administration,

assistance from EPA Region 8 staft)

• Data management (tracking of pennits, reporting)

• Accounting mechanism for segregation ofTitle 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 revise legislation and regulations, policy 200 100 100

'uidances, Dcmlittinl!!colTlPliance procedures, as necessary

General orOl!:raJll administration and tcchnical suooort 200 200 200

Modelin' and analvsis (as needed) • • •

Data mana 'cment 100 40 40

Planning 500 500 500

SUIT/CO Environmental Commission business 240 240 240

Part 70 Program stafTpennitting and compliance trainings and 384 192 160 certifications

Total 162-1 1272 12.tO

19 1Pa g c
VI. Periodic Review

This Fec Demonstration 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 ofservice 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 environmental/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:

Environmental 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 lands, 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 of Land Management, White River Field Office (WRFO), Meeker, Colorado 81640 ::.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

shale 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

shale exploration. Provided support to the realty section on pipeline compliance inspections and

negotiations with pipeline opera tors to resolve 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

groundwater issues including remediation of soil contamination at well pads, installation and sampling

of groundwater 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 exploration 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 exploration

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 project management, supervision of hydrogeologic investigations,

construction management, data cva luation/intl?.rpretation, and technical report preparation for

submittal to regulatory authorities. Technical report coordinator for numerous regulatory submittals

induding Resource Conservation 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 On numerous subsurface hydrologic investigations. Routine activities included.

project management, preparation of detailed groundwater evaluations, interpretation and analysis of

well logs and other geologic data, aquifer characterization, preparation of detailed technical reports,

senior-level technical reviews, construction site management, health & safety supervisor, and mentor

for junior level staff. Major EPA CERCLA program projects include remedial investigations and

remedial action projects consisting of: an abandoned metals foundry, an abandoned creosote and wood

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.

PACE201'4
Representative Project Descriptions:

Team Member, 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

principle 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 surveying of the areas of excavation,

excavation of impacted soil, geotechnical and chemical sampling of backfill and topsoil borrow

sources, health and safety and construction oversight of soil excavation contractors, health and

safeLy and compliance monitoring of construction activities of a mobile onsite low-temperatu re

thermal desorbtion unit, compliance monitoring of incinerator stack testing and stormwater permit

parameters, backfill 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 documentation, oversight of all subcontractors and field support

staff, and served as EPA liaison to state and local agencies and the community.

Project Consultant, EPA Tar Creek CEnCLA Site, Ottawa, County, OK. The site is a former lead/

zinc mining district of approximately 40 square miles. Supported the program in the assessment 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 of results to EPA Region 6 staff. Also supported

projecl staff in technical report preparation and/or senior 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 implementation of an annual groundwater monitoring well inspection program,

groundwater investigations in compliance with the Louisiana Risk Evaluation Corrective Action

Program (RECAP), pre-construction groundwater assessments, semi-annual 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 the

Remedial Investigation (RI) of an abandoned foundry site in a residential neighborhood. TIle

principal contaminants of concern included arsenic, copper, lead, and zinc The project included a

signi.ficant field investigation and humflll health and ecolog'ical risk assessment,>. This included

ecological sampling to assess impacts to a riparian ecosystem bordering the site and an assessment

of lead concentrations in soil adjacent to residential structures.

I'AGF. 30F4
PrincipaV 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 state 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, supervision 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, compositing of analytical data, use of computer-based geological

modeling software, constIucting isopach, isopleth, and structure contour maps, geologic cross-sections,

and coal depositional environment studies. Reporting activities included: routine reporting of field

and office activities, preparing fully-documented geological reports, making recommendations

regarding geologic and exploration activities.

Staff 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,

PROI'ESSIONAL CERTIFICATIONS / MEM8ERSHIPS

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, Colorado 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 oversight ofthe day-ta-day program 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/or 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/or approval of ongoing projects 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.

February 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.

_ 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/or 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.

-Participated in EPA Inspections and me review with EPA Region 8 staff.

- Assisted Air Quality Program Manager with completing 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.

oSubmit QNQC data to AQS and Southern Ute DRUM newspaper (monthly data)

oComplete/submit data repoTts upon request

oUpdate QAPP/sOP as necessary

_Supervised one Air Quality Analyst.

_Provided cost estimates on air monitoring equipment to Air Program Manager for budget purposes.

- Assisted the Air Quality 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.

CERTIFICATESfrRAlNING,

- 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 Odor 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 ofColorado Environmental Commission panicipant. 2006-present

_Four Corners Air Quality Task Force, Monitoring Work Group, 2006-2008
PO 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

Southern Ute Indian Tribe Air Quality Program Ignacio, CO

•

April 2010- Present

Air Quality SClelltist

Assist thl! Air Program M~nager with Polrt 70 Permittinll Program appliciltion and related requirements

Assist the Air Program Manager with the development ofthl! 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 Indian 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/orIePcounsel

Aw5t the A6 Quality in ..-... Iacity ertlISSIOIl and ......entone

CoordWIate wM Iol;.;Il and industry contacts to obtain and ;my otMr nwlOl' ~n!latedinfonnatJon

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

• Conductsrese¥ch and contactslocal 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 Graduation 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.nsn.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 irrigation

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 afL. 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 well for the Hopi High 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)

• Basic Plus-CPR, AED, First Aid for Adults (2011)

• Managing Multiple 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 Programs Division. 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 College. Durango. Colorado

Overall G.P.A . 3.65/4.0

Research/work interests

Environmental sc iences. Quaternary dating methods. geologic mapping

Work Experience

November. 20 II-present Air Qualit) Compliance Specialist for the Southern Ute Indian

Tribe's Environmental Programs Department.

Job Description: Assist with coordinating and conducting technical and air regulatory tasks

within the Tribe's Part 70 Program.

Supervisor: Brenda Jarrell.

Olliee (970) 563-4705

2011 N.A.G.T.lU.S. Geological Survey Intern Geologist.

Job description: Assist in geological mapping, sl1lllpling. sampler preparation and analysis, and

other duties related to the Rio Grande Basins Project.

Supervisor: Cal A. Rulernan. U.S. Geological Survey Research Geologist.

Geology and Environmental Change Science Center

P.O. Box 25046

Denver Federal Center MS 980

Denver. CO 80225

crulcman II usgs.gov

olliee:(303) 236-7804

200-t-2007 instructional Assistant at Southside Community School.

Job description: Running a computer lab for elementary age studenls.

Supervisor: Janet Dougherty

Olliee (520) 623 7102

Page 1 of 2
Cody C. Mason

I-Ionors/awards

2011 N.A .GT.lU.S.G.S. Internship

20 II Deans' Lisl

20 I0 Eugene M. Shoemaker Outstanding Senior in Geology Award

Page 2of2
Air Quality Technica l Manager

SUI).:RVISOR: Air Quality Program Manager G RAnE: 23

DEI)A RTMENT/DIVISION: Justice and Reg.lEnvironmental Programs

FLSA STATUS: Non Exempt POSIT ION STATUS: Full Time

PREPARED IIY: Johnson/Jarrell DATE:

APPROVED:

I)OSIT 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.

ESSENTIAL DUTIES AND RESPONSIBI LITIES:

I. Oversees the Enforcement Section of the Tribal Air 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) regulations, policy, and guidance.

2. Oversees and monitors of field inspections of major and minor air pollution 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 of the CAli. (e.g., organizes and collects 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 and 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 of applied experience in air pennitting and compliance.

Must have one*year ofstalTsupervision and scheduling.

Must have computer experience in word processing and spreadshcct programs. including database

applications.

Must have general knowledge of Federal and State environmental laws.

Must possess the ability/experience to read, understand. and interpret Tribal. State. and Federal regulatory

documents (e.g.. applicable regulatory requirements on a typical '"major" natural gas compressor facility).

Must have general knowledge ofindustrial 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 Insurance

Polky.

Must pass Criminall-listory and Colorado Centntl Registry Checks including fingerprint check.

Must pass pre-employment drug test.

I'REn:RRED QUALIFICATIONS:

Ten years experience 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 Positioning 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 applicabilit)

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 wril1en format.

Ability to prepare reports, and present facts and information.

MATHEMATICAL SKILLS:

Ability to estimate and review air pollutant emissions, Ulilizing techniques such as emissions factors,

engineering/statistical calculations, material balances, and source testing.

REASON ING AB ILITY:

Ability to maintain strict confidentiality at all times. including the ability to recognize situations in which

confidentiulity is required.

Ability to establish and maintain elTective worki ng relationsh ips with Tribal Officials. Tribal stafTand

rllllllagcrs. 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 ofsupervision.

Ability to identify sources that emit air pollutants (e.g., point sources. area sources, fugitive sources, and

mobile sources; including being able to identify each emission point among several at one fac ility).

Ability to read, understand, and interpret regulatory documents, industrilll now diagrams and schematics.

Ability to define problems. collect data, analyze emissions data, establish facts and draw valid conclusions.

PHYSICA L REQUI R..: MENTS:

Lifting a minimum of20 pounds may be required.

Work will involve walking and standing on rough terrain with uneven surfaces.

Work requires the usc of all fingers and hands to rmmipulate small tools and instruments.

Position involves periods ofstanding, sitting, walking, bending, climbing and kneeling.

Work will require the usc of computers with exposure to video display terminals. 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 computer 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 outdoors with some exposure to environmental stress.

Work may require exposure to industrial haznrds (as part of facility inspections) such 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 applicants. Tribal employees and other individuals on a daily basis,

including telephone as well as face-to-face interaction.
STATEMENT OF UNDERSTANDI 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 SIGNATURE

- DATE

DATE
Tab 12

RESOLUTION NO. 2012-22

RESOLUTION

OFTHE

COUNCIL 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, t991. 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 ofthe 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

instance due to a Constitutional provision.