Preparing for Permit ReviewPreparing for Permit Review

Virgil FrazierSouthern Ute Indian Tribe

Virgil FrazierSouthern Ute Indian Tribe

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ObjectivesLearn

How tribes can participate How to get information (needed) for

review To detect common problems in

reviewing permits How to request permit applications and

other information

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Preview

Know your rights and how to assert them Four components in state permit

process Get on EPA, state, and/or local mailing

lists Review permit (time management) Identify issues/write comments Follow up

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Preparing for the Review

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Be Informed

Get on mailing list Agency will send you

Notification of Public Comment period Hearing date for public meeting/hearing Information on obtaining draft permit

Read public notice carefully for details on deadlines and requirements

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Ensure Access to Information

Typically, states allow tribes access to Confidential Business Information (CBI)

Some states do not share CBI with tribes

Sources may try to use CBI status to withhold information

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Apply for “Affected State” Status

If source is near reservation, Affected State status helps ensure tribal influence on permit

Affected States receive all notices and draft permits

You may still request more detailed information

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Documents Likely to Be Necessary for Review…

State’s SIP (relevant portions) State’s Permit Program Regulations 40 CFR Part 70 NSPS MACT NESHAP

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Learn Title V Requirements

Attend SIP hearings Attend permitting review meetings Develop contacts

EPA authorities State authorities Local enforcement authorities

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Obtain the Permit Application

Ensure that facility answered questions, supplied information

Request additional information from permit authority Detailed monitoring plan Previous permits Computer model of facility’s air impact Enforcement history

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Reviewing the Permit

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Determination of Completeness

Draft permit information Administrative Technical

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Common Problems

SIP requirements missing

State uses revised rules in SIP for permit not yet approved by EPA

Draft permit lacks sufficient monitoring to provide good compliance data

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Common Problems (cont.)

Recordkeeping and reporting frequency inadequate

Information insufficient for stand-alone permit

Permit limits not practically enforceable

Compliance schedule missing

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Documents that Aid in ReviewDocuments that Aid in Review

Permit application Inspection reports Notice of Violation Previously issued permits Monitoring reports Test results Startup, shutdown, malfunction reports correspondence

Permit application Inspection reports Notice of Violation Previously issued permits Monitoring reports Test results Startup, shutdown, malfunction reports correspondence

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Examples of Major Questions for Permit Review (Application)

Examples of Major Questions for Permit Review (Application)

Why review? Learn about the

basics Source operation Source category

Identify applicable requirements

Adequate monitoring?

Why review? Learn about the

basics Source operation Source category

Identify applicable requirements

Adequate monitoring?

What to LOOK for Processes /

pollutants / control equipment

Description & citation for each requirement

Applicant’s proposed monitoring

What to LOOK for Processes /

pollutants / control equipment

Description & citation for each requirement

Applicant’s proposed monitoring

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Examples of Major Questions for Permit Review (Prior Permits)

Examples of Major Questions for Permit Review (Prior Permits)

Are all applicable requirements included?

Are all applicable requirements included?

What to LOOK for Emission limits Control equipment

requirements Monitoring/

recordkeeping requirements

What to LOOK for Emission limits Control equipment

requirements Monitoring/

recordkeeping requirements

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Examples of Major Questions for Permit Review (Monitoring Reports)

Examples of Major Questions for Permit Review (Monitoring Reports)

To learn about previous compliance problems, history, other information

To learn about previous compliance problems, history, other information

Review reports (show applicability…) Margin of

compliance Emission-limit

exceedences Visible emission

test results

Review reports (show applicability…) Margin of

compliance Emission-limit

exceedences Visible emission

test results

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Identify Issues/Write Comments

Ask pertinent questions Work with EPA and state Submit comments by deadline Provide examples Cite specific rules Suggest a fix

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Following Up

Make sure Your issues are addressed

Permitting authority is contacted

Exercise your rights to request and

attend public meetings/hearings

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Summary

Tribes have a role in Title V permit review

Know your contacts Request to get on PA’s mailing lists Use regional EPA contacts Continue commenting