1. Tribal Roles in Minor NSR by: Joy Wiecks, Fond du Lac Band
Tribal Permit Training
Fond du Lac Reservation
June 12, 2013

2. What We Will Cover History and purpose General permitting information
Tribal decision matrices
Pro’s and con’s of decision choices
What to consider in decision- making

3. Tribal NSR Overview
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

4. Permitting Gap
Previously, 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

5. TNSR, Continued
TNSR clarifies the permitting process and tribal jurisdiction, and creates a mechanism for permitting
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
Ensure that any increases in emissions will not significantly impact AQ

6. 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 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
Before source builds or expands
Operating parameters: throughputs, operating conditions, hours of operation, reporting and recordkeeping, best practices, etc.

7. Tribal Involvement Decision Matrix
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

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

9. Matrix Continued Delegation TIP/Rule Capacity Criteria Resources
EPA Implementation/Tribal Participation
Delegation
TIP/Rule
Capacity
Criteria
Resources
Implementation
Pros/Cons
Roles & Responsibilities

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

11. 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

12. Identify Priorities 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

13. Steps in Process
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

14. Tribal NSR Decision Matrix
EPA Implementation/Tribal Participation
Delegation
TIP/Rule
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
Burden on EPA

15. Pros and Cons of EPA Implementation
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

16. Tribal NSR Decision Matrix
EPA Implementation/Tribal Participation
Delegation
TIP/Rule
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

17. Pros and Cons of Delegation
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
This means that the tribes takes over implementing EPA’s program and EPA’s rules. The tribe is delegated authority to act in EPA’s place.

18. 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

19. Tribal NSR Decision Matrix
EPA Implementation/Tribal Participation
Delegation
TIP/Rule
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

20. 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
Will need to coordinate enforcement with EPA, other jurisdictions.

21. Roles and Responsibilities
Decision Matrix
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

22. Conclusions
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.