In a move that highlights the fickle nature of tribal sovereignty, the Southern Ute Indian Tribe has taken over administrative authority of two more permit programs established in the Clean Air Act.
The SUIT is the only tribe in the country to regulate major sources of air pollution, air toxics and, now, minor emitters, said Kyle Olson, tribal air coordinator with Region 8 of the Environmental Protection Agency.
Minor pollution sources are generally those that emit under 10 tons of a hazardous air pollutant annually.
Under terms of a historic agreement, the EPA has delegated administration of the Federal Minor New Source Review program and regulation of emissions from minor sources relating to natural gas and oil production and processing to the tribe.
The agreement gives the Southern Utes the power to regulate emitters such as gas stations and dry cleaners, although natural gas producers will be the primary applicants.
The EPA delegates regulatory authority of many federally mandated programs to local authorities. The Colorado Department of Public Health and Environment, for example, is responsible for implementing both the Clean Air Act and the Clean Water Act in the state.
However, the EPA itself often implements regulatory statutes on lands governed by otherwise sovereign tribes that may not have the capacity to enforce the policies themselves.
By taking grasp of additional regulatory levers, the tribe is enhancing the degree of self-governance, Olson said, and leveling the economic playing field for permitees.
Southern Ute Indian Tribe officials were out of the office last week and unavailable for comment.
“It wasn't until 2011 the EPA finally passed a regulation that brought oversight over minor sources on reservations into existence,” Olson explained. “Prior to 2011, minor sources on reservations didn't need any sort of federal permit and so EPA was just trying to catch up.”
Given the relatively light footprint of minor sources, regulating them was not a top priority. Regions with an active oil and gas industry is the exception, Olson said, in that numerous extraction sites over an area can produce significant air pollution.
There are around 3,000 wells, mostly natural gas, on the SUIT reservation.
Upon passage of the 2011 regulation, the tribe immediately set out to retain administrative authority. The tribal Air Quality Division took control over Title V, or major permits, in 2012. The division is now a robust regulatory agency.
It wasn’t until 2020 that the tribe requested authority over minor source review and oil and gas.
“No tribe had ever taken this on before and so we took a little bit of time to make sure we got it right,” Olson said.
The agreement was finalized June 11.
Unlike with the other federal programs, the EPA will retain enforcement of minor source permits, although the agency will do so in conversation with tribal officials.
Olson said he expects the shift to be a boon for air quality and permitees, who will receive more consistent oversight from inspectors who can easily access emitting sites. EPA inspectors based in the Denver office cannot make the trip to the reservation as frequently as they should.
“No state or tribe really wants the federal government showing up and telling them how to do what they need to do,” Olson said. “The (SUIT) has already shown they can run the show for the big dogs – the major sources and air toxics. The EPA’s mission is to protect human health and the environment. This sort of puts that into their hand and says ‘this is your environment.’”
rschafir@durangoherald.com
