Southern Ute Indian Tribe. Air Quality Program. Environmental Programs Division. Air Quality Program. Presented by: Brenda Jarrell August 23, 2011

Transcription

1 Southern Ute Indian Tribe Air Quality Program Environmental Programs Division Air Quality Program Presented by: Brenda Jarrell August 23, /21/10

2 Air Quality Program History Ambient air monitoring established 1982 Monitoring data submitted to EPA s Air Quality System (AQS) database Emissions Inventories Education Outreach Summer internships SUIT/CO Environmental Commission Development of Air Regulatory Programs Part 70 (Title V) Permitting Program Minor Source Program

3 Air Quality Monitoring Two ambient air monitoring stations Ute 1 (Ignacio, Colorado) Ute 3 (Bondad, Colorado) Monitor for gaseous pollutants: Ozone, NO, NO2, NOx, CO, and Visibility Meteorological Monitoring WS, WD, RH, ambient temp., solar radiation, precipitation PM2.5 monitoring Passive Ammonia (2007 & 2011) EPA School Air Toxics Monitoring VOCs (2009)

4 Ambient Air Monitoring is Conducted to: Determine existing background concentrations of criteria pollutants Identify exceedences of National Ambient Air Quality Standards (NAAQS). All criteria pollutants monitored on the Reservation are below the current EPA NAAQS Provide data used to protect the health of all residents of the Southern Ute Indian Reservation. Improve the understanding of air quality on the Reservation. Provide data and information regarding air quality for use in establishing long-term air quality management goals.

5 Ozone on the Reservation *Data retrieved from EPA AQS database.

6 2007 Passive Ammonia Sampling Tribe s Air Quality Program participated in initial 2007 Passive Ammonia study with EPA Region 6. Study published in Journal of Environmental Monitoring, Baseline ambient gaseous ammonia concentrations in the Four Corners area and eastern Oklahoma, USA Sept Link to report on 4CAQ Group website: Passive Ammonia Sampling Results

7 2011 Passive Ammonia Study at Ute 3 One year Passive Ammonia study in collaboration with EPA Region 6. Other sites participating: NMED-Air Quality Bureau Cherokee Nation Mesa Verde National Park Study period: Two-week sampling period January-December 2011 Figure 1. Passive Ammonia Filter

8 2009 School Air Toxics Monitoring Collaborated with US EPA Sunnyside Elementary School selected Monitoring period (1-in-6 day sampling schedule) 9/4/09-11/9/09 Monitored for VOCs benzene key pollutant Photo by SUIT AQP Photo by SUIT AQP

9 School Air Toxics Results Results: No concerns for risks of health problems from short- and long-term exposures. May EPA released the final report Link:

10 Development of Air Regulatory Programs Part 70 (Title V) Operating Permit Program Minor Source Program

11 Land Status on the Southern Ute Reservation Checkerboard of Land Ownership Tribal trust land Non-Indian owned fee land Tribal owned fee land Tribal Allotments Indian owned fee land National Forest land How to regulate air quality on a checkerboarded area of land?

12 Environmental Commission Background SUIT/CO Environmental Commission (Commission) was created by Intergovernmental Agreement (IGA) between Tribe and State in 1999 Supported by Tribal, State, and Federal legislation Composed of 3 State-Appointed and 3 Tribally-Appointed Members Purpose of IGA Establish a single air quality program for all sources located within the exterior boundaries of the Reservation. Establish a single regulator vs. multiple regulators (e.g., EPA, State, and Tribe) Local control in the setting of enforcement of air quality standards - permitting programs

13 Division of Responsibilities Commission Responsibilities Select programs and promulgate program rules and regulations. Appellate body to review permit appeals under the Tribe s permitting program. Tribal Responsibilities Recommend programs to Commission. Day-to-day program administration (pursuant to delegation of authority from EPA for Clean Air Act programs).

14 Why Develop a Title V Permitting Program? Title V sources are major contributors of air pollution on the Reservation 46 sources with Part 71 permits Long-time goal of Tribe to regulate air pollution on Reservation-Collaborative Tribal/State approach Local regulation of local sources

15 Approval Process of the Tribe s Part 70 (Title V) Program & TAS Applications Environmental Commission Process November 12, 2008 Environmental Commission adopted the Reservation Air Code (RAC) Public Participation process and revisions made to the RAC Tribal Process Changes to the RAC considered and approved by Tribal Council January Tribe submitted the Tribe s 40 CFR Part 70 Operating Permits Program and Treatment as A State (TAS) Applications to EPA for review and approval.

16 Approval Process of the Tribe s Title V Program & TAS Applications (continued) EPA Process EPA Region 8 reviewed the Tribe s TAS and Part 70 Program Applications and made recommendations to EPA Headquarters regarding approval of the Tribe s Applications EPA Headquarters reviewed the Region s recommendations. December 2009 Tribe received EPA s letter Intent to Approve the Tribe s Applications contingent on certain EPA required changes to the RAC. Environmental Commission Process June 2010-Commission adopted revised RAC Public Participation process Tribal Process Sept Changes to the RAC considered and approved by Tribal Council Nov Supplemental to Application for Approval of the Southern Ute Indian Tribe s 40 CFR Part 70 Operating Permit Program hand delivered to EPA Region 8.

17 Approval Process of the Tribe s Title V Program & TAS Applications (continued) EPA Process March 9, 2011-EPA proposed interim approval of the Tribe s Part 70 Program in the Federal Register. 30-day public comment period No comments received by EPA Environmental Commission Process June 2, Commission adopted revised RAC with EPA-required changes using its direct-final rulemaking non-controversial changes to RAC no significant adverse comments received by the public

18 Next Steps Tribal Process Tribe working on application for full 40 CFR Part 70 Program approval from EPA EPA Process Per RAC Effective Date, RAC will be effective upon date of approval of Tribe s applications by EPA Environmental Commission Process Notice of approval and effectiveness published and sent to Title V source operators on the Reservation

19 Minor Source Program Development July 1, EPA finalized its Federal Minor New Source Review (NSR) in Indian Country Tribe continues to move forward with developing its own tribal Minor Source Program modeled after the Federal minor NSR Program element differences between each program

20 Minor Source Program Development (continued) Purpose: Establish a permitting program to control air pollutant emissions Applicability: Existing, new and modified sources located within the Reservation boundaries Establish a complete inventory of sources within the Reservation. Provide a mechanism for sources to voluntarily accept limits to become a synthetic minor source.

21 Progress of the Minor Source Program Currently, underdevelopment: April 2009 Proposed by the Commission Since then, undergone significant revisions based on public comments received. 6/2/11 Re-proposed by the Commission for the third time 7/29/11-comments were due on proposed revised Minor Source Program Link:

22 Minor Source Program - Next Steps Commission adoption of the final form of the Minor Source Program Development of the Tribe s General Permit Submittal of the Commission-adopted Minor Source Program as a Tribal Implementation Plan for EPA approval.

23 Contact Information Southern Ute Indian Tribe Air Quality Program P.O. Box 737, MS #84 Ignacio, Colorado Office: (970)