(1) The commission shall be the air quality policy-making and the administrative review entity for the reservation air program.
(2) The duties of the commission shall include the responsibility to:
Determine the specific air quality programs under the federal "Clean Air Act", orother air quality programs, that should apply to the reservation, taking into account the specific environmental, economic, geographic, and cultural needs of the reservation;
Promulgate rules and regulations that are necessary for the proper implementationand administration of those programs, including determining which administrative actions are appealable to the commission;
Establish procedures the commission will follow in promulgating rules and regulations and for administrative review of actions taken by the tribe;
Review and approve of a long-term plan, initially prepared by the tribe, to improveand maintain air quality within the reservation, which also takes into account regional planning in the La Plata and Archuleta county region;
Monitor the relationships among the state and tribal environmental protection agencies to facilitate cooperation, information sharing, technical assistance, and training;
Review enforcement actions according to the commission's adopted administrativeprocedures;
Approve and adopt fees for permits and other regulatory services conducted by thetribe or the state, after considering a proposed fee schedule prepared by the tribe, and direct payment by air pollution sources to the tribe;
Ensure consistency and adherence to applicable standards and resolving disputes involving third parties;
Review emission inventories as developed by the tribe and state;
Conduct public hearings pertaining to the adoption of rules and regulations, or relating to enforcement and permit appeals, and to issue orders resulting from those proceedings;
Request tribal staff to perform any administrative or clerical functions necessary toissue orders and conduct commission business, or the commission, at its option, may appoint a technical secretary to perform such duties; except that no authority shall be delegated to adopt, promulgate, amend, or repeal standards or regulations, or to make determinations, or to issue or countermand orders of the commission;
Any other duties necessary to accomplish the purposes of the intergovernmental agreement and as authorized by the state and tribe enabling legislation.
Source: L. 2000: Entire part added, p. 110, § 1, effective March 15.