Tribal Air Quality Priorities National Tribal Air Association Executive Committee National Tribal Forum on Air Quality June 2011 Spokane, WA

Introduction: NTAA Founded in 2002 72 Principal Member Tribes Mission: to advance air quality management and policies and programs, consistent with the needs, interests, and unique legal status of American Indian tribes and Alaskan Natives. www.ntaatribalair.org

Principles Sovereignty Responsibility to future generations Tribes have the right to know the quality of their air Tribes as strong partners Tribes have the legal authority to regulate : Tribal Air Rule

National Priorities Consultation RPOs Improved relations with Office of Radiation and Indoor Air and Office of Atmospheric Programs. Tribal New Source Review Regional Disparity issues -

There is still room for improvement. Consultation Appreciation for the recently finalized EPA Tribal Consultation Policy and increased efforts at tribal consultation There is still room for improvement. “Informational” calls should not be confused with true “Consultation” NTAA sponsored calls should not be used in lieu of consultation April 29, 2011 notice in the Federal Register regarding “Clarifications to Indian Tribes' Clean Air Act Regulatory Requirements; Direct Final Amendments,” in which the following quote appears: "F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

A Recent Example (April 29, 2011) “This action does not have tribal implications as specified in Executive Order 13175 (65 FR 67249, November 6, 2000). These amendments do not impose requirements on tribal governments. This direct final action will not have tribal implications and we received no adverse comments when the proposed changes were presented to the National Tribal Air Association (NTAA) in March 2010. Tribes at the meeting supported these proposed changes; thus, Executive Order 13175 does not apply to this action."

Regional Planning Organizations (RPOs) Regional air quality planning is essential to Tribal efforts to protect air resources and community health. What is being done by EPA to preserve and expand the function of the Regional Planning Organizations? How is EPA planning on ensuring effective Tribal participation in those efforts?

Office of Radiation and Indoor Air/Office of Atmospheric Programs. Why does OAQPS work so effectively with Tribes and these other offices don’t?

Implementation of Tribal NSR Rule Understand that the Tribal NSR Rule has been signed Questions about implementation remain: How much funding will be allocated? Does EPA anticipate Tribal or EPA Inspectors being the primary focus?

Regional Disparity issues Tribes are just as sovereign no matter which Region they happen to be located in. EPA’s trust responsibility remains the same across the Regions. 

Recommendations to encourage consistent treatment of Tribes across EPA Regions Proper consultation; Regional budget requests should be developed with tribal input; Fostering the equal treatment by EPA Regions of Tribes and States that EPA’s trust responsibility requires; Require that Senior Managers at HQ and Regions take the “Working Effectively with Tribal Governments” training.

Consistent Relationship Structure between Regions and Tribes Open, transparent and timely funding allocation Consistent reporting requirements Encourage less turnover among Project Officers Self-Governance Funding Each new initiative to include tribal set-aside

Region 1 Single-person air programs (data collection, analysis, policy work all done by one person) were told to build capacity under one administration, and then downsized in the next.

Region 2 Regional Issues Saint Regis Mohawk Tribe at Akwesasne Climate Change Adaptation Planning Wind, solar and geothermal technologies Saint Regis Mohawk Tribe at Akwesasne General Motors/Alcoa/other industry Mobile Sources On-Road/Non-Road Emissions from the international shipping industry Fluoride and Benzene

Region 4 More Tribes with air quality programs or projects (capacity building) Climate change research/adaptation planning incorporating Tribal knowledge (TEK) Alternative energy & fuel Regional haze (GSMNP) Mobile sources Indoor AQ assessments & implementation plans Education & outreach to tribal communities (especially youth)

Region 5 Mercury Monitoring – air toxics, PM, O3, mercury Mining impacts Lack of adequate number of EPA Tribal Air Coordinators Lack of funding for Indoor Air Quality Minor Sources Education/outreach to Tribal community members Air Modeling RPOs (not MJOs) Climate Change

Region 6 Continued partnership with the recently formed RTOC Tribal Air Subcommittee Consider making a self-governance program available to Tribes for Sect. 103 and Sect. 105 funding sources.  Successfully completing Tribal EIs

Region 7 Passive Ammonia Monitoring Network Hyperion Energy Center NSR – minor sources CAFOs, gravel pits, mobile sources Impacts of Coal Fired EGUs 

Region 8 Develop Region 8 Tribal Environmental Consortium (RETEC) EPA/RETEC to conduct baseline air quality assessments where no monitoring has been done Inter-Tribal Auditing

Region 9 Streamline designation process- include Tribes from the start Always assume Tribes will be affected by EPA standard revisions and rule making Timely notification Appropriate consultation Funding for Tribal Air Programs Advanced technical training on Air Monitoring Systems including NPAP/PEP audits Clear/concise information on air monitoring requirements prior to start of monitoring programs

Region 10 Smoke Management Program Improvement Air Toxics and Criteria Pollutant Issues  Regional Haze Implementation Indoor Air Quality Climate Change

Alaska Fugitive dust from large-scale mining activities Dust, road system in rural Alaska is all gravel roads and the majority of the vehicles are ATV's Funding, again we continue to face "reservations" in RFPs. Climate Change effects on the northern part of the globe that the villages are facing. Such as, naturally occurring mercury from permafrost melting. Open Dump Burning, all villages in rural Alaska have this problem. Education and outreach to tribal leaders on the effects of open dump burning is needed. Lead monitoring in rural Alaska mainly on airport locations.

Ondrea Barber, Program Coordinator For more information www.ntaatribalair.com Ondrea Barber, Program Coordinator 505-242-2175 ondrea.barber@ntec.org