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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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REGION 8
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1595 Wynkoop Street
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Denver, CO   80202-1129
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Phone 800-227-8917
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www.epa.gov/region8



Ref: 8ARD-PM

The Honorable Melvin J. Baker, Chairman
Southern Ute Indian Tribe
P.O. Box 737
Ignacio, Colorado  81137-0737

      Re: Notification of Consultation and Coordination with Respect to the Issuance of an Air Pollution Control Permit to Red Cedar Gathering Company for the Antler Power Station on the Southern Ute Indian Reservation   

Dear Chairman Baker:
      
The U.S. Environmental Protection Agency Region 8 is offering the Southern Ute Indian Tribe an opportunity to consult on the EPA's issuance of a Clean Air Act air pollution control Minor New Source Review (MNSR) permit for a new power generating station on Indian country lands within the Southern Ute Indian Reservation in La Plata County, Colorado. Previously, a gas treating plant operated on the property for which the Antler Power Station project is proposed. The gas treating plant has been shut down for many years and all associated equipment will be removed from the site. In accordance with the MNSR Permit Program at 40 CFR part 49, owner and operator Red Cedar Gathering Company has requested limits on nitrogen oxides (NOX) emissions and operating hours for the four natural gas fired turbine units proposed for electric power generation. The hours of operation would be reduced by 50% of full-time operation, but the reduced hours may not be evenly distributed between each of the four units. As such, to allow operational flexibility, the proposed permit, at Red Cedar's request, would limit the combined run hours of all four units to 17,520 hours, in addition to a facility-wide NOX emissions limit of 230 tons per year (tpy) and a 25.4 lb/hr NOX emissions limit for each turbine, to establish the source as a synthetic minor source for the purpose of the Prevention of Significant Deterioration (PSD) Permit Program at 40 CFR part 52. The proposed limitations would not include any add-on emission controls to meet the emission limits described above. Additional information on this proposed permit action and a link to the permit docket is available on EPA's website https://www.epa.gov/caa-permitting/proposed-synthetic-minor-nsr-permit-red-cedar-gathering-company-antler-power-station. 

The EPA welcomes the opportunity to consult and coordinate with you and the Southern Ute Indian Tribe Leadership. This consultation and coordination process would be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/tribal/consultation/consult-policy.htm). We invite you and your designated consultation representative(s) to participate in this process.  

If you would like to consult about this permitting action, please respond in writing (preferably by email) to this letter within 30 days after you receive it, and we will work to schedule consultation with Southern Ute Tribe at a mutually convenient time. The official EPA contact person for any consultation and coordination process on this permit action is Lohitaksha (Lo) Rao, a permit engineer on my staff. The EPA's goal is to ensure that the Tribe has an opportunity to provide meaningful input into this permit action.  

In addition to offering government-to-government consultation, the EPA plans to regularly coordinate and communicate with the Southern Ute Tribe's Environmental Programs Director, Mark Hutson, and Air Quality Program Manager, Danny Powers, for facilities located on Indian country lands within the Southern Ute Indian Reservation. If you would prefer to designate an alternative representative for communication on air pollution control permitting matters, please notify us of that person's name and contact information. We will continue to keep the tribal government informed and to seek your input on these permits. 

Thank you very much for your attention to this matter. Please contact me at (303) 312-6936 or morales.monica@epa.gov, or your staff can contact Lohitaksha (Lo) Rao at (303) 312-6241 or rao.lohitaksha@epa.gov, should you have any questions on this action. We look forward to hearing from you on this important matter.

                                    Sincerely,
                                    
                                    
                                    Monica Morales
                                    Acting Director
                                    Air and Radiation Division


cc:  Mark Hutson, Director, Southern Ute Indian Tribe Environmental Program
       Danny Powers, Air Quality Program Manager, Southern Ute Indian Tribe Environmental Program

