TRIBAL CASE STUDY: Tribal Permits Angela Benedict SRMT Environment Division Air Quality Program St. Regis Mohawk Tribe

2 The Winds: Owera’ shon: a Let us give thanks to the winds of the earth. From the four directions they come, carrying the rains upon their back, and bringing change to the weather and the seasons. They deliver our words, and can be gentle as a whisper, or have the power of a hurricane. The winds fill us, and connect us to all life, and are the breath of the ancestors of life. The winds are the sacred breath of the Creator. Let us acknowledge the winds. So be it in your mind. Now our minds are as one.

3 Outline TIP-Permit Section Environmental Assessments Public Comment Period TIP Permit Review

4 Map of Reservation Boundaries and Industries

5 Reynolds Before Reynolds After General Motors Domtar

6 Section 12 – Permits for Minor Facilities 12.1 Purpose 12.2 Applicability 12.3 Construction Permits 12.4 Operating Permits 12.5 Monitoring, Record Keeping, Reporting

Purpose To regulate the operation and modification of new and existing stationary sources, area sources and devices in order to achieve and maintain the ambient air quality standards established pursuant to Sect. 109 and 112 of the CAA and section 9 (air quality standards) of this code.

Applicability May not start or modify without a permit from the Air Quality Program Sources that are required to register with AQP DE Minimis Facilities Still subject to Sect. 15 Open burning Statement allowing change

Construction Permits No person shall cause or allow the construction or installation of any new minor facility without obtaining a construction permit. Cannot exceed the NAAQS Air quality modeling Production/process-permit condition

Construction Permits (cont.) Exceed the NAAQS-issue permit if AQP determines RACT will be applied Applicant has demonstrated progress toward attainment of NAAQS Violation means revocation No permit until violation resolved Termination of permit

Operating Permits No authorization for operation of new or modified minor facility for more than 60 days without applying for minor permit must notify Air Program 30 days in advance of undertaking modifications Emission limitations become enforceable limitations of subsequently issued operating permit

Monitoring Monitoring requirements Type, interval, and frequency of monitoring activities Representative data Compliance Permittee must keep accurate records Reports of monitoring results to AQP

Record Keeping The permittee shall retain the following items for at least five years Copies of all reports Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation Records of the date, exact location, and time of monitoring and testing

Reporting (1) The permit shall require the permittee to submit to the Air Quality Program the reports described in 12.5 (1) to 12.5 (4) by March 1 of each year

15 Environmental Assessments Tradition of Mohawk People to look seven generations ahead in making decisions that affect community Review process incorporates Thanksgiving Address and considers all the things for which we are thankful One recurring theme of Thanksgiving Address: “Now our minds are one.” If that theme is considered, we will all benefit

16 Public Comment Period Complete applications 30 Days Avenues for outreach Website Public repositories Newspaper article

17 Permit Application To date, only one possible permit application has come in to the tribe Animal incineration Owner came in to discuss Brought information from manufacturer Developed permit application with help from other permitting agencies

18 What does this all mean? Without even filling out a permit application, process for acquiring information was a lot of work Burn permit program utilizes time of two people 1 for inspections 1 for enforcement/compliance

19 What does this all mean? (cont.) Who gets regulated depends on how much they emit—some gas stations may when others may not

20 What does this all mean? (cont.) When accepted, any new source must have permits through the tribe No construction until AQP has approved work plan Existing sources don’t need permit Grandfathered Any modification that increases emissions must get permit

21 SRMT Environment Division Phone: website: