Preparing for Permit Review Virgil Frazier Southern Ute Indian Tribe

Objectives Learn How tribes can participate How to get information (needed) for review To detect common problems in reviewing permits How to request permit applications and other information

Preview Know your rights and how to assert them Four components in state permit process Get on EPA, state, and/or local mailing lists Review permit (time management) Identify issues/write comments Follow up

Preparing for the Review

Be Informed Get on mailing list Agency will send you Notification of Public Comment period Hearing date for public meeting/hearing Information on obtaining draft permit Read public notice carefully for details on deadlines and requirements

Ensure Access to Information Typically, states allow tribes access to Confidential Business Information (CBI) Some states do not share CBI with tribes Sources may try to use CBI status to withhold information

Apply for “Affected State” Status If source is near reservation, Affected State status helps ensure tribal influence on permit Affected States receive all notices and draft permits You may still request more detailed information

Documents Likely to Be Necessary for Review… State’s SIP (relevant portions) State’s Permit Program Regulations 40 CFR Part 70 NSPS MACT NESHAP

Learn Title V Requirements Attend SIP hearings Attend permitting review meetings Develop contacts EPA authorities State authorities Local enforcement authorities

Obtain the Permit Application Ensure that facility answered questions, supplied information Request additional information from permit authority Detailed monitoring plan Previous permits Computer model of facility’s air impact Enforcement history

Reviewing the Permit

Determination of Completeness Draft permit information Administrative Technical

Common Problems SIP requirements missing State uses revised rules in SIP for permit not yet approved by EPA Draft permit lacks sufficient monitoring to provide good compliance data

Common Problems (cont.) Recordkeeping and reporting frequency inadequate Information insufficient for stand-alone permit Permit limits not practically enforceable Compliance schedule missing

Documents that Aid in Review Permit application Inspection reports Notice of Violation Previously issued permits Monitoring reports Test results Startup, shutdown, malfunction reports correspondence

Examples of Major Questions for Permit Review (Application) Why review? Learn about the basics Source operation Source category Identify applicable requirements Adequate monitoring? What to LOOK for Processes / pollutants / control equipment Description & citation for each requirement Applicant’s proposed monitoring

Examples of Major Questions for Permit Review (Prior Permits) Are all applicable requirements included? What to LOOK for Emission limits Control equipment requirements Monitoring/recordkeeping requirements

Examples of Major Questions for Permit Review (Monitoring Reports) To learn about previous compliance problems, history, other information Review reports (show applicability…) Margin of compliance Emission-limit exceedences Visible emission test results

Identify Issues/Write Comments Ask pertinent questions Work with EPA and state Submit comments by deadline Provide examples Cite specific rules Suggest a fix

Following Up Make sure Your issues are addressed Permitting authority is contacted Exercise your rights to request and attend public meetings/hearings

Summary Tribes have a role in Title V permit review Know your contacts Request to get on PA’s mailing lists Use regional EPA contacts Continue commenting