1. Preparing for Permit Review
Virgil Frazier
Southern Ute Indian Tribe

2. 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

3. 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

4. Preparing for the Review

5. 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

6. 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

7. 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

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

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

10. 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

11. Reviewing the Permit

12. Determination of Completeness
Draft permit information
Administrative
Technical

13. 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

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

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

16. 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

17. 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

18. 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

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

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

21. 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
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