How to get Tribal Permitting Authority: Options and Procedures Nancy Mayer U.S. EPA OAQPS

How to get Tribal Permitting Authority: Options and

Procedures

Nancy Mayer

U.S. EPA OAQPS

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Possible Programs

Nonattainment New Source Review

Prevention of Significant Deterioration (PSD)

Minor New Source Review

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Options for assuming permitting authority

Tribal Implementation Plan (TIP)– Get Treatment as a State (TAS) certification – Develop, write, adopt own regulations– Submit to EPA for approval– Implement the plan

Administrative Delegation – assist EPA to run program– Implement all or part of federal regulations– Submit request to EPA for approval – Currently not allowed for PSD

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Implementation Plans

Code must meet federal minimum – Can incorporate by reference

Tribe needs certification to be treated as a state

Tribe must show technical capability Implementation Plan approval process Provide copies of permits to EPA

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Treatment as a State

Recognized tribe “Substantial governmental duties & powers” Jurisdiction over a defined area Only once for each tribe

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Technical Capability Differences

For Treatment as a State certification – Show reasonable expectation of having the

capability

For authorization for a specific regulation – Must show current actual capability

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Delegation

Implements federal rule Can be piece of federal rule Name the tribal land

– No need to provide geographic specifics

Show capability to do activity Provide draft permits to EPA Provides experience which may lead to TIP

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PSD

Federal rule is 40 C.F.R. 52.21 No delegation allowed at this time Tribe may develop and implement their own

regulations

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Nonattainment NSR

Currently can adopt own regulations & be treated as a state

When tribal NSR rules are promulgated– Ability to accept delegation

All or part of program

– Ability to develop and implement simplified TIP

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Minor NSR

Similar to Nonattainment NSR

Currently can only accept authorization through a TIP

Eventually able to accept through delegation AND have simplified requirements for TIP

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Summary

TIP like SIP for all programs Later for Nonattainment and Minor NSR

– Accept authorization by delegation – Can choose to adopt simplified TIP regulations

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For more information

Nancy Mayer919-541-5390

Mayer.nancy@epa.gov