1. Petition to EPA to Object to (Veto) a State Permit Joy Wiecks Fond du Lac Band of Lake Superior Chippewa Joy Wiecks Fond du Lac Band of Lake Superior Chippewa

2. 2 Introduction  What is a Petition to Object?  What are the requirements to be met?  What effect can a Petition have?  Where can information be found?  Fond du Lac case study  Suggestions for filing a Petition  References  What is a Petition to Object?  What are the requirements to be met?  What effect can a Petition have?  Where can information be found?  Fond du Lac case study  Suggestions for filing a Petition  References

3. 3 What is a Petition to Object?  Right any person or group has – no eligibility requirements - “any person may petition”  If EPA Administrator fails to object to issuance of permit during EPA’s 45-day review period, you may request that s/he do so  Applies to program or implementation deficiencies for Title V permits (PSD permit appeals can be made to EPA Environmental Appeals Board)  Can result in re-issuance of permit with changes  Right any person or group has – no eligibility requirements - “any person may petition”  If EPA Administrator fails to object to issuance of permit during EPA’s 45-day review period, you may request that s/he do so  Applies to program or implementation deficiencies for Title V permits (PSD permit appeals can be made to EPA Environmental Appeals Board)  Can result in re-issuance of permit with changes

4. 4 Petition Requirements  Petition must be filed within 60 days after EPA’s 45-day review period ends  Copy must be sent by petitioner (FDL) to permitting authority (MPCA) and permit applicant (U.S. Steel)  Petition can be based only on objections raised with reasonable specificity during public comment period  Petition must be filed within 60 days after EPA’s 45-day review period ends  Copy must be sent by petitioner (FDL) to permitting authority (MPCA) and permit applicant (U.S. Steel)  Petition can be based only on objections raised with reasonable specificity during public comment period

5. 5 Petition Requirements (cont.)  Administrator shall grant or deny petition within 60 days of filing (pause for laughter)  During petition process, permit issued is still good; facility continues to operate as stated in permit  Administrator shall grant or deny petition within 60 days of filing (pause for laughter)  During petition process, permit issued is still good; facility continues to operate as stated in permit

6. 6 What Happens if EPA Approves Your Petition?  If Administrator approves petition and issues an objection, Administrator shall modify, terminate, or revoke existing permit  Permitting authority may issue only revised permit  If revised permit is not issued within 90 days after objection by Administrator, Administrator shall issue or deny permit  Objection can go to judicial review only after Administrator takes action to issue or deny permit  If Administrator approves petition and issues an objection, Administrator shall modify, terminate, or revoke existing permit  Permitting authority may issue only revised permit  If revised permit is not issued within 90 days after objection by Administrator, Administrator shall issue or deny permit  Objection can go to judicial review only after Administrator takes action to issue or deny permit

7. 7 Where Can Information Be Found?  40 CFR 70.8(d)  Clean Air Act Section 505(b)(2)  Region 7 website has examples of petition models/templates – go to http://www/epa/gov/region07/programs/ artd/air/title5/petitiondb/petitiondb/htm Scroll down once you have reached this page and you will see “Petitions from (YYYY)” for the last several years. FDL’s is on there!! http://www/epa/gov/region07/programs/ artd/air/title5/petitiondb/petitiondb/htm  40 CFR 70.8(d)  Clean Air Act Section 505(b)(2)  Region 7 website has examples of petition models/templates – go to http://www/epa/gov/region07/programs/ artd/air/title5/petitiondb/petitiondb/htm Scroll down once you have reached this page and you will see “Petitions from (YYYY)” for the last several years. FDL’s is on there!! http://www/epa/gov/region07/programs/ artd/air/title5/petitiondb/petitiondb/htm

8. 8 Fond du Lac Case Study  Taconite mining operation, 54 miles from FDL but within Ceded Territories  Issue was mercury added to environment  FDL first submitted comments during public comment period  We did not feel our comments were adequately addressed, and this seemed to be the best option  A bit of irony – EPA could re-open permit “for cause” based on an item not in our original comments but in petition – just because it is an important point  Taconite mining operation, 54 miles from FDL but within Ceded Territories  Issue was mercury added to environment  FDL first submitted comments during public comment period  We did not feel our comments were adequately addressed, and this seemed to be the best option  A bit of irony – EPA could re-open permit “for cause” based on an item not in our original comments but in petition – just because it is an important point

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10. 10 Suggestions for Filing a Petition  Know your appeal options beforehand  Request a contested case hearing and see where it goes  Talk to others who are reviewing the permit; they may pick up on things you missed  Take the time to submit comments – other steps are meaningless otherwise  Know your appeal options beforehand  Request a contested case hearing and see where it goes  Talk to others who are reviewing the permit; they may pick up on things you missed  Take the time to submit comments – other steps are meaningless otherwise

11. 11 Suggestions for Filing a Petition (cont.)  Follow procedural requirements  Keep your tribal attorney informed  Push state agency and sources for early consultation  Don’t underestimate yourself!  Appendices are important  Follow procedural requirements  Keep your tribal attorney informed  Push state agency and sources for early consultation  Don’t underestimate yourself!  Appendices are important

12. 12 References  CAA Section 505(b)(2)  40 CFR 70.7(d)  http://www.epa.gov/region07/progra ms/artd/air/title5/petitiondb/petitiond b.htm  CAA Section 505(b)(2)  40 CFR 70.7(d)  http://www.epa.gov/region07/progra ms/artd/air/title5/petitiondb/petitiond b.htm