Tribal Permit Training Fond du Lac Reservation June 11, 2013

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

TNSR clarifies the permitting process and tribal jurisdiction Protects air quality Levels the playing field in terms of Predictability for econ. development Permit content Minor NSR regulates True minor sources Synthetic minor sources Minor modifications at Major sources Non-attainment major NSR gap also filled

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 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 Minor modification - Sources need to obtain pre-construction permits Permits may have requirements/limits for operating parameters

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 participation Tribe wanting to start small and develop program over time Any combination or mixture of these steps are open to the tribe.

Education & Outreach Assessment/ Analysis Identify & Determine Goals/Priorities Basic Options EPA Implements Program Delegation TIP/Tribal Rule

DelegationTIP/Rule EPA Implementation/ Tribal Participation Capacity Criteria Resources Implementa tion Pros/Cons Roles & Responsibilities

Identify resources to learn about: Final rule Implementation issues Better understand information to present to: Tribal leaders Community tribal audience Sources on the Reservation

Determine to what extent tribe wants to participate in implementation of the NSR rule Determine level of participation appropriate for tribe 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

Determining priorities is important Number of sources on Reservation Resources Political direction of tribe Determine what tribe is willing to engage in or prepared to do today to implement TNSR And, to what extent in the future

Moving 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

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 Implementation/ Tribal Participation TIP/Rule

Pros Builds tribal capacity over time EPA lends credibility No TAS necessary Medium resources – administratively Least likely to lead to challenges to tribal jurisdiction No enforcement for tribe (no responsibility to track sources) Pros/Cons More supportive of sovereignty than if they had their own rules Cons No fee mechanism EPA resources may be limited Less control over progress/rule implementation Can be seen as infringement on sovereignty

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 Implementation/ Tribal Participation DelegationTIP/Rule

Pros Builds tribal capacity Credibility No TAS necessary Medium commitment of resource – adminstratively Control – more than other options Pros/Cons More supportive of sovereignty than if they had their own rules Can be seen as infringement on sovereignty Cons No fee mechanism Implementing other rules

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

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 Implementation /Tribal Participation DelegationTIP/Rule

Pros Tribally implemented program Tribal rules Exertion of Tribal sovereignty Fees can be built in Offers most control over sources Pros/Cons Enforcement issues Cons Involves more work (TAS, boundaries, codes) Enforcement collaboration with other jurisdictions Resource intensive Demands lots of coordination with EPA

Areas 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

Decision of what route to take is very individual depending on your tribe Need to make decision working with your tribal government If decide to pursue a more active role, talk with EPA to determine roles/schedule, etc.