Reviewing NSR and Title V Permits Sacramento, CA February 25, 2014

Public Review vs affected state Review: advantages of TAS for section 505Reviewing NSR and Title V Permits

Natalene CummingsForest County Potawatomi Tribe#Getting started with permit reviewGet some trainingCan gain authorities to strengthen your air programJump in!!

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

#Treatment as a state, Treatment as an Affected state, Treatment in the Same Manner as a state3Tribes and Affected State Status (cont.)Tribes comments on permit must be incorporated orMust be explained IN WRITING, copy of rationale sent to EPAOklahoma court just vacated application of TAS to non-Reservation lands(Bob Gruenig rfg@stetsonlaw.com)

#TAS in PermittingTAS is a delegation of authority from EPA to tribeThis means tribe can choose elements of CAA to implement on reservationCan also lend extra authority to tribes comments on permits issued by other authoritiesMost common types of TASTitle 5 review 5% match126 pollution transport

#Having TAS is the first step. You pursue other authorities one by one. Examples, TNSR authority. Or authority to issue Title 5 permits on the Rez.5Advantages of TASHaving TAS for 105 funding means you are a program rather than a projectAsserts tribal authorityHelps demonstrate your credibility through the application processMust demonstrate tribe is federally recognizedMust demonstrate technical and governmental capabilityOnce your initial TAS authority has been granted, subsequent ones are easierPossible disadvantage: Tribe needs to specify reservation boundaries

#Advantages of TAS (cont.)Under TAS, tribe can pursue EPA enforcement against upwind pollutersHaving TAS is first step toward writing Tribal Implementation PlanIf TAS in place before problems arise, easier to address problemsCreates mandated government-to-governmental relations/communication

#A TIP is a vehicle for pursuing other authorities.7Practical Aspects of Permit ReviewNo one can make you feel inferior without your consent Eleanor RooseveltDecision, decisionsUnderstand the numbersLook at Modeling ResultsLook at permit variablesGood enough is good enough

#8Decisions, Decisions: How do you choose which permits to review?Concerns will be different for each ReservationType of facilityPollutants of concern?Magnitude of pollutant emissionsReputation of facilityDistance from ReservationHow close to NAAQS are the emissions?How complicated is permit?

#Understand the NumbersEvery Number in a Permit Has a StoryPermit limits/requirement come fromFederal programs (i.e., NSPS, BART, MACT)NSR permitsState-only requirementsIP requirementsEnforcement actionsIf reason not clear, check with permit engineerFacility must demonstrate how theyre meeting limits

#Modeling ResultsIs 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 grantedCan ask to see modeling protocol agreed upon between state agency and facilitySee epa.gov/epahome/models.htm for infoAsk questions!!

#Permit variablesMany items require judgment calls by permit engineerFrequency of testingStack testing vs. CEMsPermit engineer considers: how close to the NAAQS emissions it will be; how reliable emissions data is; health effects of pollutantPermit should retain ability to change testing frequency, etc., depending on results obtained

#Since these are variable, the permit engineer is more free to take your comments and suggestions12Practical Advice: Work Smarter, Not HarderThe more permits you review, the better you will get at it!Read the TSD first for explanation of processes and limitsBe sure every requirement has: monitoring, reporting, and recordkeeping associated with itMake sure permit has outs or ways to change the permit if results are unacceptableEPA doesnt review all permits, but sometimes takes requests from tribes

#Good news is, you may not need to review the entire permit13Practical 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 interestAttend public hearing or request one

#Your New Best Friend: the Federal Land ManagerUSFS, USFWS, NPS have lots of expertise in air quality due to Class I areasHave affirmative duty to protect air qualityFederal agencies have trust responsibility toward tribesClass I standards are stricter than most state standards

#Things to Look at if You have TimeCheck calculations and emission factorsLook up regulations referenced in the permit for understanding and applicability (modeling, monitoring methods, etc)Can look at permit applicationRead any studies referencedRead appendices

#ConclusionsTAS is a versatile toolGet TAS before you need itPermit reviewing is a long-term, on-going skillYou will learn much faster if you ask questions

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