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Tribe celebrates milestone agreement to safeguard air quality on the reservation


The passing of a recent Clean Air Act (CAA) settlement marks a significant moment in which the Tribe and federal agencies collaborated to ensure environmental stewardship, safety, and compliance for the betterment of regional air quality in the Four Corners. Violations at fifteen facilities, including Harvest’s Ignacio Gas Plant, situated on the Southern Ute Reservation southeast of Durango, Colo. prompted action by the Tribe.
Photo Credit: courtesy Danny Powers | SU Air Quality

Tribe and federal to ensure environmental stewardship

The Southern Ute Indian Tribe recently reached a historic agreement to protect air quality on the reservation and in Southwest Colorado. The Tribe, alongside the United States Department of Justice (USDOJ) and the Environmental Protection Agency (EPA), concluded a Clean Air Act (CAA) settlement with Williams Companies, Inc., and Harvest Four Corners, LLC.

This significant step, approved by the United States District Court for Colorado on Dec. 27, 2023, addresses alleged violations at fifteen facilities, including Harvest’s Ignacio Gas Plant. The focus of concern was a process flare at the Ignacio Gas Plant, which, if not properly maintained, could be a major source of volatile organic compound (VOC) emissions within the reservation and a contributor to degraded air quality and ground-level ozone formation. VOCs, emitted from various process equipment, presents serious risks to the environment including human health and wildlife.

The Tribe, along with the EPA, expressed concerns beginning in 2015 about the flare’s performance and compliance with Clean Air Act requirements. In resolving these issues, Williams Companies and Harvest agreed to mitigation projects, compliance measures, and a civil penalty payment. Notably, Harvest committed to a mitigation project for the Ignacio Gas Plant’s flare. This includes installing a new prescribed flare monitoring system for a one-year test period, aiming to demonstrate compliance with CAA standards. If successful, it validates the effectiveness of Harvest’s existing monitoring system.

Should the one-year test period reveal issues, Harvest is obligated to continue using the prescribed monitoring system indefinitely, securing this requirement in a federal CAA permit. Chairman Melvin J. Baker is proud of the Tribe’s dedication to resolving concerns about the Ignacio Gas Plant’s flare. This success marks a significant moment in which the Tribe and federal agencies collaborated to ensure environmental stewardship, safety, and compliance for the well-being of all. The Southern Ute Indian Tribe, recognized for its environmental leadership, holds authority under the CAA to regulate air pollution sources within reservation boundaries. This includes implementing and enforcing standards for air quality.

The Tribe operates an extensive air quality monitoring network, providing real-time data and EPA Air Quality Index forecasts to the public through their Air Quality Division website. For more technical information, please contact Daniel Powers, Air Quality Division Head at 970-563- 2265. For media inquiries, please contact Summer Begay, Communication Specialist, at 970- 563-2313.

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