How Tribes Can Influence State Title V Permits Virgil Frazier Southern Ute Indian Tribe Virgil Frazier Southern Ute Indian Tribe

2 Major Public Participation Topics  Flow chart—public participation  “Affected state” advantages  “Affected state” TAS eligibility criteria  Flow chart—public participation  “Affected state” advantages  “Affected state” TAS eligibility criteria

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4 Types of Roles  Member of the General Public  “Affected State”  Member of the General Public  “Affected State”

5 Member of the Public  Regulations (Part 70/71) allow public participation for the following through review of the Title V permit…  Initial permit issuance  Renewals  Re-openings  Significant permit modifications  Regulations (Part 70/71) allow public participation for the following through review of the Title V permit…  Initial permit issuance  Renewals  Re-openings  Significant permit modifications

6 T5 Permitting Process  Permit applicant (PA) receives permit application from source  PA prepares draft permit  PA provides 30-day public comment period  If requested, PA conducts public hearing  PA responds to public comments  Permit applicant (PA) receives permit application from source  PA prepares draft permit  PA provides 30-day public comment period  If requested, PA conducts public hearing  PA responds to public comments

7 T5 Permitting Process  PA sends proposed permit to EPA for 45-day review period  If EPA does not object, PA  Issues or denies final permit or  Proposes revised draft  PA sends proposed permit to EPA for 45-day review period  If EPA does not object, PA  Issues or denies final permit or  Proposes revised draft

8 Member of the Public  When a permit is issued for a “nearby” facility?  Public notice of “draft” permit  Newspaper  Mailing list  Sent to “affected” states  When a permit is issued for a “nearby” facility?  Public notice of “draft” permit  Newspaper  Mailing list  Sent to “affected” states

9 Member of the Public  Notice requirements (types of information)  Facility  Permittee  Permitting authority  Permitted activities  Emission changes  Contact information  Comment procedure  Hearing place & date  Hearing request procedure  Notice requirements (types of information)  Facility  Permittee  Permitting authority  Permitted activities  Emission changes  Contact information  Comment procedure  Hearing place & date  Hearing request procedure

10 Member of the Public (cont.)  Notice requirements (types of information) [cont.]  Contact information  Comment procedure  Hearing place & date  Hearing request procedure  Notice requirements (types of information) [cont.]  Contact information  Comment procedure  Hearing place & date  Hearing request procedure

11 Timing Issues  Public comment ~ 30 days  Public hearing notice ~ 30 days in advance  Public comment ~ 30 days  Public hearing notice ~ 30 days in advance

12 “affected State”  All states (1) whose air quality may be affected and that are contiguous to a state in which the source is located, or (2) within 50 miles of the source

13 “affected State” (cont.)  If considered an “affected State”  You will be notified by PA of draft permits  Notification of project should occur no later than start of comment period  If tribe comments on permit and PA refuses to accept tribe’s recommendations, PA must inform EPA and tribe in writing  If considered an “affected State”  You will be notified by PA of draft permits  Notification of project should occur no later than start of comment period  If tribe comments on permit and PA refuses to accept tribe’s recommendations, PA must inform EPA and tribe in writing

14 “affected State” (cont.)  “Affected State” status not automatic; tribes must undergo eligibility determination…  Eligibility criteria  Federally recognized tribe  Tribe conducts substantial government duties  Tribe has authority over land it seeks to regulate  Tribe has capacity to run program  “Affected State” status not automatic; tribes must undergo eligibility determination…  Eligibility criteria  Federally recognized tribe  Tribe conducts substantial government duties  Tribe has authority over land it seeks to regulate  Tribe has capacity to run program

15 Documenting Duties & Powers of Tribal Government  Describe form of tribal government  Describe government functions  Identify source of tribe’s government authority  Describe form of tribal government  Describe government functions  Identify source of tribe’s government authority

16 Demonstrating Authority (Jurisdiction)  For reservation areas  Describe boundaries (map, legal description)  For off-reservation areas  Describe boundaries (map, legal description)  Provide tribal attorney’s opinion with supporting documents  For reservation areas  Describe boundaries (map, legal description)  For off-reservation areas  Describe boundaries (map, legal description)  Provide tribal attorney’s opinion with supporting documents

17 Demonstrating Previous Management Experience  Federal programs  Environmental or public health programs  Describe tribal government’s organization  Describe agency to run CAA program  Describe abilities of CAA program staff or plan for acquiring expertise  Federal programs  Environmental or public health programs  Describe tribal government’s organization  Describe agency to run CAA program  Describe abilities of CAA program staff or plan for acquiring expertise

18 Demonstrating Capability To Be Treated as Affected State  Case-by-case decision of Regional office  Create good record  Identify relevant tribal agency to receive notices  Describe tribe’s environmental program  Be COMPLETE for later TAS application  Case-by-case decision of Regional office  Create good record  Identify relevant tribal agency to receive notices  Describe tribe’s environmental program  Be COMPLETE for later TAS application

19 Permit Review… … whether as a member of the public or as an “affected State” will allow you to see whether…  All applicable emission limits included  Monitoring is in place that assures compliance with emission limits  All record-keeping and reporting requirements included  All requirements of Part 70 met … whether as a member of the public or as an “affected State” will allow you to see whether…  All applicable emission limits included  Monitoring is in place that assures compliance with emission limits  All record-keeping and reporting requirements included  All requirements of Part 70 met

20 Permit review is crucial…  Allows “back-up” to EPA’s review  Commenting (during comment period) preserves your right to petition EPA  Objections to permit occur at this time  Allows “back-up” to EPA’s review  Commenting (during comment period) preserves your right to petition EPA  Objections to permit occur at this time

21 Key Points  Tribes can participate in the permitting process…  KNOW the permitting process…  TIMING is crucial…  Tribes can participate in the permitting process…  KNOW the permitting process…  TIMING is crucial…