How to get Tribal Permitting Authority

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Presentation transcript:

How to get Tribal Permitting Authority Options and procedures

Possible Programs Nonattainment New Source Review Prevention of Significant Deterioration Minor New Source Review

Options for assuming permitting authority Tribal Implementation Plan (TIP) Get TAS certification Develop, write, adopt own regulations Submit to EPA for approval Implement the plan Administrative Delegation – assist EPA to run program Implement all or part of federal regulations Submit Request to EPA for approval Currently not allowed for PSD

Implementation Plans Code must meet Federal minimum can incorporate by reference Tribe needs certification to be treated as a State Tribe must show technical capability Implementation Plan Approval process Provide copies of permits to EPA

Treatment as a State Recognized tribe “Substantial governmental duties & powers” Jurisdiction over a defined area Only once for each tribe

Technical Capability Differences For Treatment as a State certification- show reasonable expectation of having the capability For authorization for a specific regulation Must show current actual capability

Delegation Implements Federal rule Can be a piece of federal rule Name the tribal land, no need to provide geographic specifics Show capability to do the activity Provide draft permits to EPA Provides experience which may lead to a TIP

PSD Federal rule is 40 C.F.R. 52.21 No delegation allowed at this time Tribe may develop and implement their own regulations

Nonattainment NSR Currently can adopt own regulations & be treated as a state. When Tribal NSR rules are promulgated will be able to accept delegation Can accept delegation of all or part of the program Be able to develop and implement a simplified TIP

Minor NSR Similar to Nonattainment NSR Currently can only accept authorization through a TIP Eventually able to accept through a delegation AND have simplified requirements for TIP.

Summary Now TIP like a SIP for all programs Later for Nonattainment and Minor NSR accept authorization by delegation adopt simplified regulations if wish to write a TIP

For more information Nancy Mayer 919-541-5390 Mayer.nancy@epa.gov