Ute Tribe trying to clean air

0 Comments | Deseret News (Salt Lake City), Mar 8, 2008 | by Katie Burford Durango Herald

IGNACIO, Colo. -- The Southern Ute Indian Tribe has taken the first step toward regulating its own air quality through a program that would be the first of its kind in the country.

Currently, the U.S. Environmental Protection Agency issues permits according to its standards on the tribe's land. But last week, the Southern Ute Indian Tribal Council approved its own air- quality code, which eventually is intended to surpass the federal agency's level of regulation.

Tribal Chairman Clement J. Frost called it the "culmination of many years of work" and "an important step forward in the implementation of the joint air-pollution regulatory approach taken by the tribe and the state of Colorado."

Under the program, the tribe would assume responsibility for monitoring air quality, issuing permits and conducting inspections. Although states have taken on these functions, often establishing more stringent standards, Indian tribes have largely left this to the federal government.

James Temte, an air-quality scientist with the tribe's air- quality program, said that initially the code will be fairly similar to federal regulations, but once the program is up and running, the tribe can seek more stringent standards, which will have to be approved by a joint commission of state and tribal representatives.

One of the first areas officials plan to tackle is requiring permits for minor emission sources. Right now, only major sources require permits. Major sources can include refineries, compressors and central delivery points. Currently, there are 42 major emission sources within the reservation's boundaries. All but one, a landfill, are related to natural-gas production. There are about 300 minor emission sources, which can include a pump-jack engine on a well.

Temte said the new program would add about four new positions to handle permits and inspections. The EPA's regional office, meanwhile, must spread its limited staff among six states and 27 tribal nations. The tribe's additional staff would allow it to conduct annual inspections; now only a fraction of the major emission sources are inspected each year.

Temte said the Southern Ute Tribe is the first to go for a permitting program using its own regulations.

He said running the program locally will ensure a quicker response when problems arise. And it means the tribe is in charge of not only its land but its air.

"Another positive aspect of this code is it enhances tribal sovereignty," he said.

The code, which was developed with review by the state and the EPA, now goes to the joint state-tribe commission. Final approval must come from the EPA, which has a year to make a decision. Once passed, it would be reviewed every three years.

The Ute Indians once lived in much of Colorado and eastern Utah and hunted across a larger area. A related group, the Northern Ute tribe, lives at the Uintah-Ouray Indian Reservation in eastern Utah.