1. How to get Tribal Permitting Authority: Options and Procedures Nancy Mayer U.S. EPA OAQPS

2. 2 Possible Programs Nonattainment New Source Review Prevention of Significant Deterioration (PSD) Minor New Source Review

3. 3 Options for assuming permitting authority Tribal Implementation Plan (TIP) – Get Treatment as a State (TAS) certification – Develop, write, adopt own regulations – Submit to EPA for approval – Implement the plan Administrative Delegation – assist EPA to run program – Implement all or part of federal regulations – Submit request to EPA for approval – Currently not allowed for PSD

4. 4 Implementation Plans Code must meet federal minimum – Can incorporate by reference Tribe needs certification to be treated as a state Tribe must show technical capability Implementation Plan approval process Provide copies of permits to EPA

5. 5 Treatment as a State Recognized tribe “Substantial governmental duties & powers” Jurisdiction over a defined area Only once for each tribe

6. 6 Technical Capability Differences For Treatment as a State certification – Show reasonable expectation of having the capability For authorization for a specific regulation – Must show current actual capability

7. 7 Delegation Implements federal rule Can be piece of federal rule Name the tribal land – No need to provide geographic specifics Show capability to do activity Provide draft permits to EPA Provides experience which may lead to TIP

8. 8 PSD Federal rule is 40 C.F.R. 52.21 No delegation allowed at this time Tribe may develop and implement their own regulations

9. 9 Nonattainment NSR Currently can adopt own regulations & be treated as a state When tribal NSR rules are promulgated – Ability to accept delegation All or part of program – Ability to develop and implement simplified TIP

10. 10 Minor NSR Similar to Nonattainment NSR Currently can only accept authorization through a TIP Eventually able to accept through delegation AND have simplified requirements for TIP

11. 11 Summary TIP like SIP for all programs Later for Nonattainment and Minor NSR – Accept authorization by delegation – Can choose to adopt simplified TIP regulations

12. 12 For more information Nancy Mayer 919-541-5390 Mayer.nancy@epa.gov