1. 1 Nez Perce Reservation Presented by Mary Fauci Tribal NSR Training Temecula, CA 11/1/11

2. 2 Tribal NSR Delegation EPA to delegate administration of Federal NSR to Tribal agencies 40 CFR 49.161 minor NSR 40 CFR 49.173 nonattainment major NSR Tribal NSR delegation patterned after FARR delegation

3. 3 Federal Air Rules for Indian Reservations (FARR) Set of air quality regulations established under Clean Air Act Federal Implementation Plan (FIP) June 7, 2005 Specific to EPA Region 10 - Reservations in Idaho, Oregon and Washington Address regulatory gap Consistent air quality standards on/off reservations Applies to all residents

4. 4 Nez Perce Tribe Request for Delegation / Delegation Agreement

5. 5 Information in Delegation Request Identifies specific provisions Identifies Indian Reservation Statement from applicant’s legal counsel Tribe recognized by Secretary of Interior Applicant carries out governmental duties Tribal laws provide authority to administer Federal rules Technical capability and adequate resources

6. 6 Nez Perce Tribe – FIP/Delegation 49.123 General Provisions 49.124 Rule for limiting visible emissions 49.125 Rule for limiting the emission of particulate matter 49.126 Rule for limiting fugitive particulate matter emissions 49.127 Rule for wood waste burners 49.128 Rule for limiting the particulate matter emission from wood products industry sources 49.129 Rule for limiting emissions of sulfur dioxide 49.130 Rule for limiting sulfur in fuels 49.131 General rule for open burning 49.132 Rule for open burning permits 49.133 Rule for agricultural burning permits 49.134 Rule for forestry and silvicultural burning permits 49.135 Rule for emission detrimental to public health or welfare 49.137 Rule for air pollution episodes 49.138 Rule for the registration of air pollution sources and the reporting of emissions 49.139 Rule for non-Title V operating permits

7. 7 NPT Delegation Agreement Complaint response Inspections and Investigations Enforcement – not delegated Data and Reporting Requirements Funding – Direct Implementation Tribal Cooperative Agreement (DITCA) grant Additional provisions Agreement evaluation, modification, or termination Framework for Implementation of FARR

8. 8

9. 9 For more information airquality@nezperce.org (208) 843-7375 airquality@nezperce.org