1. TIP D EVELOPMENT Swinomish Tribe and Open Burning Provisions Scott Andrews Swinomish Tribe

2. 2 Q UESTIONS AND V ISION What does the tribal leadership want in the long run? What does air program staff have the capacity to take on (in short – medium time frame)? What will tribe gain, and at what cost?

3. 3 S WINOMISH V ISION AND A PPROACH Long-term interest in taking delegation of entire CAA for sovereignty, health and environmental protection Proceed incrementally – small bites we can swallow Already had burn permit program under tribal ordinance with reasonable compliance TAS would give federal hammer for few non- tribal who resist regulation

4. 4 E XAMPLES TO D RAW F ROM Current Tribal Air Code Federal Rules for Reservations (FARR) in NW States – Open Burning Rules (meet or exceed) Surrounding jurisdictions (similar makes it easier to get non-tribal compliance)

5. 5 D RAFTING Air Analyst outlines what he would like to see, including changes from current code Drafting TIP – body is amended tribal code with additional (non-code) sections to address CAA process and EPA requirements Specific exclusion from TIP of portions of tribal code EPA cannot approve under CAA

6. 6 I NTERNAL AND I NFORMAL R EVIEW AND E DITING Review within air program – edit Send to certain EPA staff (Legal and Program) for informal comments. Edit and explain based on comments. Swinomish legal review and edits Back to EPA for second round of informal comments. Edit and explain in cooperation with Legal

7. 7 S UBMISSION OF D RAFT TO EPA Final draft developed with tribal Legal Submission to EPA with cover letter from Chairman EPA reviews and approves draft

8. 8 T RIBAL F ORMAL A DOPTION AND CAA P ROCESS Once EPA approves draft, we start formal adoption process Follow tribal and CAA Notice and Hearing requirements for final adoption Notice requirements Public hearing (Swinomish Planning Commission) Submit to Tribal Senate (Council) for adoption Submission to EPA for final approval

9. 9 F EDERAL N OTICE AND H EARING 40 CFR 51.102 Public hearing prior to tribal adoption and submission to EPA “Reasonable Notice” to public at least 30 days prior to hearing Notice to EPA Administrator, local air agencies, and any state significantly impacted Record of hearing (witness list and text) Certification that hearing was in accordance with federal regulations

10. 10 EPA Checklist for Final TIP Submittal EPA sent a checklist for the final TIP submittal Included new requests for information Claims to follow 40 CFR Part 51, but goes beyond regs in specific info requests. Administrative Requirements Substantive Requirements (Tribal regs, permit requirements, enforcement and demonstration of authority to monitor AQ. Supporting Material (AQ data summaries, EI and dispersion modeling, tech support docs including for certain control technology.

11. 11 Lessons Learned Incremental TIP – all the process for fewer calories. Get understanding of all requirements in process up front. Make sure you clearly know what Tribe wants from TIP over next several years. Incremental may fit Tribe’s needs, but take a bigger bite than you can chew at once – plenty of time to digest it as process grinds on. Commit sufficient time and staff resources up front to move process along. This includes air staff and legal assistance.