1. Farshid Farsi Shoshone-Bannock Tribes
Region 10 Air Rules
Farshid Farsi
Shoshone-Bannock Tribes

2. Background: Why Create Air Rules?
Regulatory gap in Indian country
Existing CAA programs mostly address large industry
Many activities on reservations unregulated

3. Background: How do such problems affect the tribes?
EPA falls short on trust responsibility
States challenge tribal authority
Tribal governments are criticized – lack of rules perceived as tribes’ fault

4. Tribal Air Rules Package – Two Kinds of Rules
Basic rules – will apply on all 39 reservations in ID, OR, WA
Additional rules – will only apply on a reservation if Tribal Chair requests 1 or more of these in writing

5. Tribal Air Rules Package – Types of Basic Rules
Infrastructure
Industrial sources
Open-burning restrictions

6. Tribal Air Rules Package – Basic Rules on Infrastructure
Delegation of Authority to a Tribe
General Provisions – Definitions
Rules for Emissions Detrimental to Persons or Property – Nuisance Abatement

7. Tribal Air Rules Package – Basic Rules on Infrastructure (cont.)
Rules for air pollution episodes
Rules to register air pollution sources and report emissions
Rules for operating permits for non-Title V sources

8. Tribal Air Rules Package – Basic Rules for Industrial Sources
Limiting visible emissions
Limiting emissions of particulate matter
Limiting fugitive particulate matter emissions
Limiting emissions of sulfur dioxide
Limiting sulfur in fuels

9. Tribal Air Rules Package – Basic Rules for Open Burning
General Rules for Open Burning – specify appropriate weather conditions and limit materials burned

10. Tribal Air Rules Package – Types of Additional Rules
Specific types of sources
Burning permit programs
Emission Detrimental to Persons or Property

11. Tribal Air Rules Package – Additional Rules for Specific Types of Sources
Woodwaste burners
(aka Wigwam burners in Pacific Northwest, because of their shape)
Wood-products industry limits on particulate matter emissions
(more stringent than the Basic PM rule)

12. Tribal Air Rules Package – Additional Rules for Burn Permit Programs
Open-burning permits
Agricultural-burning permits
Forestry-burning permits

13. Tribal Air Rules Package – Additional Rules for Emissions Detrimental to…
Protections for cultural or traditional resources that tribe wishes to protect
Rules for Emissions Detrimental to Persons or Property

14. Tribal Air Rules Project Schedule
Develop strawman rules to consult with Tribes (Jan-Apr 99)
Consultation round 1 (Jun-Sep 99)
(Reached 17 of 40 affected tribes)
Revise rules (Oct 99-Jun 00)

15. Tribal Air Rules Project Schedule (cont.)
Consultation round 2 (Jun-Sep00)
All 41 tribes receive 2–3 copies of package
19 tribes meet w/EPA
7 tribes have telephone consults
Draft Proposed Rules to EPA HQ (Nov00)
OMB review (???)
Publish Proposed Rules (Hope for Sep 01)