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Public Review vs affected state Review: advantages of TAS for section 505 Reviewing NSR and Title V Permits Natalene Cummings Forest County Potawatomi Tribe

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2 Getting started with permit review Get some training Can gain authorities to strengthen your air program Jump in!!

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3 Tribes and Affected State Status Under Tribal Authority Rules, 40 CFR part 49 Authorizes EPA to treat tribe in same manner as a state for implementing and managing air quality programs Applies to grants, Title V review, Interstate pollution abatement, designation authority, and TIPs Under TAS, tribe can develop or implement its own air quality program

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4 Tribes and Affected State Status (cont.) Tribes comments on permit must be incorporated or Must be explained IN WRITING, copy of rationale sent to EPA Oklahoma court just vacated application of TAS to non-Reservation lands (Bob Gruenig rfg@stetsonlaw.com)

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5 TAS in Permitting TAS is a delegation of authority from EPA to tribe This means tribe can choose elements of CAA to implement on reservation Can also lend extra authority to tribes comments on permits issued by other authorities Most common types of TAS Title 5 review 5% match 126 pollution transport

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6 Advantages of TAS Having TAS for 105 funding means you are a program rather than a project Asserts tribal authority Helps demonstrate your credibility through the application process Must demonstrate tribe is federally recognized Must demonstrate technical and governmental capability Once your initial TAS authority has been granted, subsequent ones are easier Possible disadvantage: Tribe needs to specify reservation boundaries

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7 Advantages of TAS (cont.) Under TAS, tribe can pursue EPA enforcement against upwind polluters Having TAS is first step toward writing Tribal Implementation Plan If TAS in place before problems arise, easier to address problems Creates mandated government-to- governmental relations/communication

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8 Practical Aspects of Permit Review No one can make you feel inferior without your consent Eleanor Roosevelt Decision, decisions Understand the numbers Look at Modeling Results Look at permit variables Good enough is good enough

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9 Decisions, Decisions: How do you choose which permits to review? Concerns will be different for each Reservation Type of facility Pollutants of concern? Magnitude of pollutant emissions Reputation of facility Distance from Reservation How close to NAAQS are the emissions? How complicated is permit?

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10 Understand the NumbersEvery Number in a Permit Has a Story Permit limits/requirement come from Federal programs (i.e., NSPS, BART, MACT) NSR permits State-only requirements IP requirements Enforcement actions If reason not clear, check with permit engineer Facility must demonstrate how theyre meeting limits

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11 Modeling Results Is the source expected to meet Ambient Air Quality Standards? Do Class I standards apply? Modeling is very complicated, models can be gamedbe aware whether a variance from protocol was granted Can ask to see modeling protocol agreed upon between state agency and facility See epa.gov/epahome/models.htm for info Ask questions!!

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12 Permit variables Many items require judgment calls by permit engineer Frequency of testing Stack testing vs. CEMs Permit engineer considers: how close to the NAAQS emissions it will be; how reliable emissions data is; health effects of pollutant Permit should retain ability to change testing frequency, etc., depending on results obtained

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13 Practical Advice: Work Smarter, Not Harder The more permits you review, the better you will get at it! Read the TSD first for explanation of processes and limits Be sure every requirement has: monitoring, reporting, and recordkeeping associated with it Make sure permit has outs or ways to change the permit if results are unacceptable EPA doesnt review all permits, but sometimes takes requests from tribes

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14 Practical Advice (Continued) Call permit engineer, Class I FLM, EPA to ask questions Ask What should I have asked? Ask colleagues (tag team) Word search terms of interest Attend public hearing or request one

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15 Your New Best Friend: the Federal Land Manager USFS, USFWS, NPS have lots of expertise in air quality due to Class I areas Have affirmative duty to protect air quality Federal agencies have trust responsibility toward tribes Class I standards are stricter than most state standards

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16 Things to Look at if You have Time Check calculations and emission factors Look up regulations referenced in the permit for understanding and applicability (modeling, monitoring methods, etc) Can look at permit application Read any studies referenced Read appendices

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17 Conclusions TAS is a versatile tool Get TAS before you need it Permit reviewing is a long- term, on-going skill You will learn much faster if you ask questions