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

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

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

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

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

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

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

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

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

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

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)

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

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

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)

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)