The 1990 amendments to the Clean Air Act created the Operating Permit Program under Title V of the Act. Title V operating permits are legally enforceable documents issued to stationary sources after a source has begun operation. Operating permits outline all of the air pollution regulatory requirements that apply to the source. The program does not allow for the addition of new emissions control requirements, but rather clarifies the air pollution control obligations of major sources by compiling in one document all of a source’s compliance requirements. The intent is that by including all applicable requirements in one permit it will be easier for the source owner, the regulatory agency, and the public to determine if the source is in compliance. The permits contain monitoring, record keeping and reporting requirements designed to ensure that the source knows when it is and is not in compliance. Owners of sources with operating permits must certify that the source is in compliance each year, and the permits must be renewed every five years. Each operating permit that is issued is subject to public comment and offers the public an opportunity for a hearing.
A Title V source of air pollution is a source that emits or has the potential to emit:
Please review RAC §2-104 for further details on permitting applicability.
On March 2, 2012, the United States Environmental Protection Agency approved the Tribe’s Title V Program application. This means that the Tribe has full authority to implement and administer its 40 CFR Part 70 Operating Permit Program for Title V sources within the exterior boundaries of the Reservation from this date forward.
The Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation Air Code contains the Tribes Title V regulations that apply within the exterior boundaries of the Southern Ute Indian Tribe Reservation.
The Air Quality Program Issues Technical Guidance Bulletins to clarify the program’s interpretation and compliance expectations of federal and tribal air quality regulations. The currently issued Technical Guidance Bulletins are listed below:
Technical Guidance Bulletin #1 – Criteria for excluding de-commissioned emission units from a facilities potential to emit calculations.
Technical Guidance Bulletin #2 – Extended natural gas sampling frequency for demonstrating compliance with the glycol dehydration unit area source exemption at 40 CFR 63.764(d).
Technical Guidance Bulletin #3 – Timeline for conducting performance testing following a catalyst change under 40 CFR Part 63, Subpart ZZZZ.
EPA Region 8 Air Permitting
Compliance and Enforcement
Title V Program Manager
Southern Ute Indian Tribe Air Quality Program P.O. Box 737 MS#84 Ignacio, Colorado 81137