The Southern Ute Indian Tribe recently announced its settlement with Williams Companies, Inc. (Williams Companies) and Harvest Four Corners, LLC (Harvest) pursuant to the Clean Air Act (CAA) in connection with unlawful air emissions from the Ignacio natural gas processing plant (Ignacio Facility) on the Southern Ute Indian Reservation within the exterior boundaries of La Plata County, Colo. This settlement is in conjunction with three separate settlements with natural gas processors pursued by the Department of Justice and the Environmental Protection Agency (EPA) that will require the companies to pay a combined $9.25 million in civil penalties and make improvements at 25 gas processing plants and 91 compressor stations, reducing harmful air pollution and improving air quality in 12 states and Indian Country.
The EPA has delegated to the Southern Ute Indian Tribe authority under the CAA to regulate air quality on all lands within the Reservation boundaries, including to administer and enforce a Title V operating permit program at 40 C.F.R. Part 70 and certain New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants under CAA sections 111 and 112. It is the only federally recognized Tribe with full delegation of the Title V operating permit program.
Since 2019, the Southern Ute Indian Tribe has been a co-plaintiff, along with the United States of America and the states of Alabama, Colorado, Louisiana, West Virginia, and Wyoming, in global settlement discussions with the Williams Companies and Harvest regarding alleged violations of the CAA at certain facilities across the United States. One of the fifteen facilities involved in the discussions is Harvest’s Ignacio Gas Plant, located on County Road 307 in La Plata County, within the exterior boundaries of the Reservation. The Ignacio Gas Plant was formerly operated by the Williams Companies and is currently operated by Harvest. If operated incorrectly, the facility’s process flare has the potential to be the largest single source of air pollutant emissions on the Reservation. Additionally, potential emissions at the facility from leaking valves, pipes, compressors and other process equipment can contribute significant volatile organic compounds to the atmosphere when not properly monitored and maintained. The Tribe’s Air Quality Program and U.S. EPA Region 8 representatives had concerns about the performance of the process flare and the applicability of and compliance with certain CAA Leak Detection and Repair (“LDAR”) requirements for onshore natural gas processing facilities.
The Williams companies agreed, in a federal consent decree filed in the United States District Court for Colorado, on certain mitigation projects, compliance requirements, and payment of a civil penalty to resolve the alleged CAA violations at the fifteen facilities. Importantly, Harvest agreed to the requirements of a mitigation project, known as the Ignacio Flare Monitoring Project, set forth in an appendix to the consent decree for the flare at Harvest’s Ignacio Gas Plant.
Under the terms of the Ignacio Flare Monitoring Project, to verify the process flare at the Ignacio Gas Plant is working properly, Harvest must install and use a calorimeter to monitor the combustion of the gas at the flare tip for a one-year test period. During the test period, Harvest must compare the calorimeter monitoring results with the facility’s current ultrasonic flow meter monitoring and operating system. If the calorimeter monitoring does not validate that Harvest’s flare is operating within required standards, Harvest must use the calorimeter not only to monitor the flare but to control operation of the flare in perpetuity and to memorialize that requirement in a federal CAA permit.
Southern Ute Tribal Council Chairman Melvin J. Baker hailed the consent decree, “The Southern Ute Indian Tribe has been diligently working to resolve performance concerns about the flare at the Ignacio Gas Plant. Harvest is now taking steps to address the Tribe’s concerns and these steps will help maintain good air quality on the Southern Ute Indian Reservation and in Southwest Colorado.”
The Southern Ute Indian Tribe continues to be a leader in protecting environmental quality in Indian Country and in the Southwest.
Questions can be directed to Sunshine M. Whyte at swhyte@southernute-nsn.gov.