Tribal Benefits from State Implementation Plan (SIP) Process Involvement Rosanne Sanchez New Mexico Environment Department Air Quality Bureau

2  Why should a tribe care about SIPs?  Why tribal input is important  Types of SIP actions  Review public notification process  Participating in the SIP process  Important SIP elements Topics

3  Testimony  Future opportunities for SIP participation  Other opportunities for tribal participation  NM tribal notification  Tribal participation example  Summary/Conclusion  Contact information Topics (cont.)

4  Air pollution is regional, transported to Indian communities  To better protect health of citizens  To not be disadvantaged by area planning efforts  To remain competitive and enhance opportunities for economic growth Why Should a Tribe Care About SIPs?

5  SIPs outline…  how sources will be regulated  how states plan to address local non-attainment problems  how future SIPs will address regional and transported pollution Why Should a Tribe Care About SIPs? (cont.)

6  Can incorporate major policy judgments of state agency  Limited opportunity to participate once state-level process complete  Helps agency make balanced decisions  Ensures tribe’s voice is heard in decision making Why Tribal Input is Important

7  Initial SIPs – new plans  Attainment redesignation  Approve new state rules  Amend emission limit at a particular source  Amend monitoring requirement at SIP source  Process is the same – difference is complexity of plan development and supporting documents Types of SIP Actions

8  New rule, plan, or amendment to existing part of SIP  Major newspaper statewide or regional notice for affected area (NM 60 day comment period)  Published in NM Register  Posted on website  Anticipate a lot of comments outreach prior to 60 day comment period  During 60 day comment period open house or public meeting Public Notification Process

9  Develop relationship with state or local air authority (SIP writer or manager)  Attend hearing, see how system works for state or local authority  Document your contacts and how hearing process works for others to view and learn (SIP protocol checklist) Participating in the SIP Process

10  Get involved early  Participate at development stage (i.e., workgroup) for the experience and for best impact  Better understanding of the issue will improve quality of your comments  Possess knowledge that state may not have leads to better outcome Participating in the Process (cont.)

11  Know your subject matter  Each a little different depending on project  Example regulation development, nonattainment area, etc.  Comments should be relevant to subject Important SIP Elements

12  Hearing with Environmental Improvement Board (EIB)  Public may  Provide oral comments at hearing (general)  Cross-examine witnesses ask questions  If tribe comments on technical info they must submit as a notice of intent (see next slide)  Written non-technical statement may be submitted  Record of hearing is made; transcript copy available at requester’s cost Public Testimony

13  Technical testimony – scientific, engineering, economic, other specialized testimony  Notice of intent to present technical testimony 20 days before hearing  Will include qualifications of witness education and work background Other Testimony

14  Very difficult to make a change at a hearing  Request to meet with state air program  Participate in workgroup  Attend public meetings Engage Early in the Process

15  New federal ozone standard may affect areas of the West currently in attainment  Includes many rural areas influenced by  power plant and oil and gas emissions  transport from major metropolitan areas  Look out for lower NAAQS Future Opportunities for SIP Participation

16  General Permit development  General Permit revisions  Permit review  All written comments added to permit application record and considered in permit review process  Work groups  Hearings Other Opportunities for Tribal Participation

17  NM has incorporated into it’s rules notification  Construction Permits (within 10 miles)  Operating Permits (within 50 miles)  Prevention of Significant Deterioration (PSD)  Nonattainment Areas  Contact air program and get on a mailing list NM Tribal Notification is Required for Permits

18  New Mexico Air Quality Bureau proposes General Construction Permits (GCP)  Volunteered to be a member  Attended several meetings  Exposed to several new terms  Gained valuable experience on how state develops general permit Tribal Participation Example (non- SIP)

19  Attended administrative hearing (non EIB)  Concerned about language in permit application  Testified at hearing my concerns  Hearing officer did not object, so change was made Tribal Participation Example (non- SIP)

20 Amended Permit Language 3

21 Amended Language (cont.)

22 Amended Language (cont.)

23  Air issues becoming increasingly complex – ozone, PM2.5 formed by precursor emissions that travel significant distances  Increasing need for national coordination, interstate and tribal cooperation (Regional Haze Rule 40 CFR Part and )  Need for more tribal comments Summary/Conclusion

24 Rosanne Sanchez Environmental Analyst Air Quality Bureau New Mexico Environment Department 5500 San Antonio Dr. NE Albuquerque, NM (505) Contact Information