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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 Shaun Chapoose, Chairman
Business Committee
Ute Indian Tribe of the Uintah and Ouray Reservation
P.O. Box 190
Fort Duchesne, Utah  84026-0190
shaunc@utetribe.com

      Re: Notification of Consultation and Coordination with Respect to the Issuance of an Air Pollution Control Permit to Deseret Generation and Transmission Cooperative (Deseret) for the Bonanza Power Plant on the Uintah and Ouray Indian Reservation   

Dear Chairman Chapoose:
      
The U.S. Environmental Protection Agency Region 8 is offering the Ute Indian Tribe an opportunity to consult on the EPA's potential issuance of a Clean Air Act air pollution control Minor New Source Review (MNSR) permit for a modification project at the existing Bonanza Power Plant on Indian country lands within the Uintah and Ouray Indian Reservation in Uintah County, Utah. The modification would entail the addition of 14 or 20 new natural gas-fired generator engines (dependent upon availability when a construction permit is issued) to the existing facility for the purpose of increasing electric generation capacity during times of peak demand. In accordance with the MNSR Permit Program at 40 CFR part 49, owner and operator Deseret has requested construction authorization and associated emissions limits and monitoring, recordkeeping and reporting requirements for the proposed new engines, including limits on emissions of nitrogen oxides (NOX), carbon monoxide (CO), and volatile organic compounds (VOC), engine emissions control requirements, and annual and winter ozone season engine operational restrictions. Additionally, concurrently with a new MNSR permit for the proposed engine project, Deseret has requested revisions to the existing effective MNSR permit for coal-fired boiler Unit #1 (Permit #MNSR-UO-000004-2015.004) reflecting proposed reductions in allowable NOX emissions to support a demonstration that the proposed engine project will not cause or contribute to a violation of the 2015 Ozone National Ambient Air Quality Standard. Additional information on this proposed permit action and a link to the permit docket is available on EPA's website at https://www.epa.gov/caa-permitting/caa-permit-actions-pending-epa-region-8.   

The EPA welcomes the opportunity to consult and coordinate with you and the Ute Indian Tribal Leadership. This consultation and coordination process would be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes). 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 the Ute Indian Tribe at a mutually convenient time. The official EPA contact person for any consultation and coordination process on this permit action is Suman Kunwar, a permit engineer at Region 8. 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 Ute Indian Tribe's Air Quality Program Director, Mike Natchees, for facilities located on Indian country lands within the Uintah and Ouray 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 (720) 391-2147 or at sandoval.adrienne@epa.gov, or your staff can contact Suman Kunwar at (303) 312-6095 or at kunwar.suman@epa.gov, should you have any questions on this action. We look forward to hearing from you on this important matter.

                                    Sincerely,
                                    
                                    
                                    Adrienne Sandoval
                                    Director
                                    Air and Radiation Division


cc: Edred Secakuku, Vice-Chairman, Ute Indian Tribe, edreds@utetribe.com
J.T. Murray, Councilman, Ute Indian Tribe, juliusm@utetribe.com 
Luke Duncan, Councilman, Ute Indian Tribe, luked@utetribe.com
Ronald Wopsock, Councilman, Ute Indian Tribe, ronaldw@utetribe.com
Christopher Tabbee, Councilman, Ute Indian Tribe, christ@utetribe.com
Kirby Arrive, Executive Director, Ute Indian Tribe, kirbyarrive@utetribe.com
Mike Natchees, Director, Air Quality Program, Ute Indian Tribe, miken@utetribe.com 
Jeremy Patterson, Tribal Attorney, Patterson, Earnhart, Real Bird & Wilson, LLP, jpatterson@nativelawgroup.com 

