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Tribal Roles in Minor NSR by: Joy Wiecks, Fond du Lac Band. Tribal Permit Training Fond du Lac Reservation June 12, 2013. What We Will Cover. History and purpose General permitting information Tribal decision matrices Pro’s and con’s of decision choices - PowerPoint PPT Presentation
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Tribal Permit Training
Fond du Lac Reservation
June 12, 2013
Tribal Roles in Minor NSRby: Joy Wiecks, Fond du Lac Band
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What We Will CoverHistory and purposeGeneral permitting
informationTribal decision matricesPro’s and con’s of
decision choicesWhat to consider in
decision-making
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Initiated in 1990’s, proposed in 2006, finalized on July 1, 2011
Tribal NSR closed a gap in permitting on Reservations
Tribes now have input on how on-Reservation sources will be permitted
Tribal New Source Review Implementation manual available from NTAA and EPA websites, May 2012
Tribal NSR Overview
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Permitting GapPreviously, only major sources in
attainment areas could be permitted in Indian Country
Minor sources – no mechanism for permitting
Major sources in non-attainment areas – no mechanism for permitting
No predictability for sources or tribes
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TNSR clarifies the permitting process and tribal jurisdiction, and creates a mechanism for permitting
Protects air qualityLevels the playing field in terms of
Predictability for econ. developmentPermit content
Minor NSR regulates True minor sourcesSynthetic minor sourcesMinor modifications at Major sources
Non-attainment major NSR gap also filled
TNSR, Continued
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Minor Source Permitting Information
Major sources - emit more than 250 ton/year of any criteria pollutant (or more than 100 tpy in 28 specific source categories)
Minor sources – emit 0.1-10 tpy of a criteria pollutant
“True” minor’s potential emissions stay under major source thresholds at all times
“Synthetic” minor sources need permit limits to do this
Sources need to obtain pre-construction permits
Permits may have requirements/limits for operating parameters
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Developed to help tribes understand options for implementing the Tribal NSR rule
Three scenarios are presented that range from:Tribe wanting no, little, or limited
participationTribe wanting to start small and develop
program over timeAny combination or mixture of these steps are
open to the tribe
Tribal Involvement Decision Matrix
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Decision Matrix
Education &
Outreach
Assessment/
Analysis
Identify & Determine
Goals/Priorities
Basic Options
EPA Implements Program
Delegation
TIP/Tribal Rule
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Matrix Continued
Delegation TIP/Rule
EPA Implementatio
n/Tribal Participation
Cap
aci
ty
Cri
teri
a
Reso
urc
es
Imp
lem
en
tat
ion
Pro
s/C
on
s
Role
s &
R
esp
on
sib
ilit
ies
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Education & Outreach
Identify resources to learn about:Final ruleImplementation issues
Better understand information to present to:Tribal leadersCommunity tribal
audienceSources on the
Reservation
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Assessment
Determine to what extent tribe wants to participate in implementation of the NSR rule
Identify sources to have data to support your proposed plan of action
Identify plans for future economic development
Meet within the tribe and with EPA to discuss
Identify questions for EPA to answer to help your tribe make an informed decision
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Identify PrioritiesDetermining priorities is important
Number of sources on ReservationResourcesPolitical direction of tribe
Determine what tribe is willing to engage in or prepared to do today to implement TNSRAnd, to what extent in the future
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Steps in ProcessMoving from lowest involvement or
none at all, the following slides will show choices ranging from EPA implementation of TNSR to full tribal implementation
Remember, a tribe may decide to jump in between steps due to capacity levels as they move towards developing a Tribal NSR rule implementation plan
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Tribal NSR Decision Matrix
Because the TNSR was done as a FIP… EPA is required to implement the program The tribe is not required to participate
A tribe may chose… To do nothing Limited participation (i.e. outreach, conf. calls) Participate or begin building capacity and work
with EPA Review permits Help with outreach to the community
Delegation
EPA Implementatio
n/Tribal Participation
TIP/Rule
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Pros and Cons of EPA Implementation
Pros Builds tribal capacity over time EPA lends credibility No TAS necessary Low to medium tribal resources needed Least likely to lead to challenges to tribal
jurisdiction Pros/Cons
More supportive of sovereignty than prior to rule No enforcement role for tribes
Cons EPA resources may be limited Less control over progress/rule implementation Can be seen as infringement on sovereignty
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Tribal NSR Decision Matrix
Delegation is an established agreement to authorize the administration of one or more federal rules in a FIP with a tribe to assist in whole or partial administration of a specific Tribal NSR rule, with EPA retaining enforcement responsibility
EPA Implementatio
n/Tribal Participation
Delegation TIP/Rule
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Pros and Cons of Delegation Pros
Builds tribal capacity Credibility of implementing an EPA program Less complicated than developing TAS or TIP Tribal involvement may improve community acceptance of
program May be most effective and efficient due to tribal
knowledge Pros/Cons
More supportive of sovereignty than prior to rule No enforcement for tribe
Cons Some parties may challenge tribe’s participation Non-tribal constituents may have concerns Requires more resources and capacity than EPA
implementation Less assertion of tribal sovereignty than a TIP
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Delegation (continued) Requirements for delegation
Show federal recognition Have governing body adequate to carry out the duties
and powers over the area Identify Reservation boundaries Demonstrate tribe has or will have technical capacity TAS is not required for delegation
Delegation can be requested for the entire FIP or it can be severable
Roles and responsibilities Tribe can take on as much or as little as they wish Tribe may develop its own rules or codes to implement
a program Capacity – tribes can work through delegation with
EPA to build capacity by doing the work
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Tribal NSR Decision Matrix
A tribe can choose to develop a TIP to take on authority for ensuring that the NAAQS are met within its jurisdiction
Developing a TIP gives the tribe the option of implementing and enforcing its own program
Once a TIP is approved by EPA, the provisions of the implementation plan become federally enforceable in addition to being enforceable by the tribe
TAS is required for a TIP
EPA Implementati
on/Tribal Participation
Delegation TIP/Rule
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TIP/Tribal Rule Pros
Tribally implemented program Tribal rules may be better fit than federal program Greatest exertion of Tribal sovereignty Tribal program may be more acceptable to a tribal
population Pros/Cons
Enforcement issues Cons
May draw challenges to tribal authority or boundaries
Non-tribal constituents may have concerns Resource intensive Demands lots of coordination with EPA
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Decision MatrixAreas to consider
when deciding which route to pursue (if any)
Example questions What type of capacity is
needed for delegation? Criteria for delegation? Resources needed? How to implement a
delegated program? Pros and cons for the tribe? What are the specific roles
and responsibilities of the tribe/EPA in a delegated program?
Capacity
Delegation Criteria
Resources
How to Implement
Pros/Cons
Roles and Responsibilities
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ConclusionsDecision of what route to take is very
individual depending on your tribeNeed to make decision working with
your tribal governmentIf decide to pursue a more active role,
talk with EPA to determine roles/schedule, etc.