### Agreementfor Partial Delegation ofthe Federal Implementation Plan for the Colville Reservation by the U.S. EnvironmentalProtection Region 10

to the ConfederatedTribes ofthe Colville Reservation I. Purpose. This Delegation Agreement (Agreement) the Confederated ofthe Colville Reservation Tribe) the U.S. Protection Agency Region sets forth the and procedural basis for partial delegation ofadministrative authority implementation ofcertain sections ofthe Federal Implementation Plan for the Reservation, 40 CFR 49 M, §§ 

### 1-9960, to as the Colville FIP. The Colville establishes regulations and requirements applicable to sources of pollution located within the current federally recognized exteriorboundary ofthe Colville Upon the date Agreement, EPA 10 to the Colville Tribe authorityto administerthose ofthe Colville FIP identified below on all lands within the Colville Reservation. Authority. A. 

### Sections 301(a) 30 1 (d)(4) ofthe Clean Act Amendments of 1990 (CAA or Act) provide authorityto regulations to protect air qualitywithin Indian country. 40 U.S.C.A § 

### 7601 (a),(d)(4). EPA, Region 10, promulgated such regulations applicable to Indian in Washington, and Idaho. See 40 49 C Implementation Provisions); 40 49 Subpart M (Implementation Plans for Tribes

- Region X). B. 

### Region 10 has specificallypromu.1gated such regulations applicable to Colville Reservation. 40 Subpart §§

.......... '

....15"

...... 

### to an Indian Tribepartial authority to in 40 SubpartM for a particular Indian Reservation. By dated May ,2014, Colville requested partial delegation of administrative authority provided with required information set forth in 40 CFR § 

### 49.122(b). EPA notified and to consult with appropriate governmental entities regarding Colville delegation ofauthority request, pursuant to 40 §

### 49.122(d). F. This Agreement neither ,..,.,,,..,i",,,",,, 

### nor diminishes any authority Ath,.,.

....." 

### established by tribal or law.G. EPA retains full authority and responsibility for implementation, administration and enforcement ofall components ofthe Colville FIP, pursuant to 40 CFR §49.122. 

### III. Colville FIP. Pursuant to 40 CFR § 49.9960, the following provisions are incorporated into the Colville FIP and apply to all sources ofair pollution within the Colville Reservation: 

### Section 49.123, General Provisions.; Section 49.124, Rule for limiting visible emissions; Section 49.125, Rule for limiting the emissions ofparticulate matter; Section 49.126, Rule for limitingfugitive particulate matter emissions; Section 49.129, Rule for limiting emissions ofsulfur dioxides; Section 49.130, Rule for limiting sulfur in fuels; Section 49.131, General rule for open burning; Section 49.135, Rule for emissions detrimental to public health or welfare; Section 49.137, Rule for air pollution episodes; Section 49.138, Rule for the registration ofair pollution sources and the Reporting of emissions; Section 49.139, Rule for non-Title V operatingpermits. IV. Delegated Provisions ofthe Colville FIP. This section ofthe Agreement specifically identifies those provisions which are delegated to the Colville Tribe. In addition, this Agreement identifies areas ofcoordination and communication between EPA and the Colville Tribe. 

### A. Section 49.124, Rule for limiting visible emissions. The ColvilleTribe is delegated authority to administer the general rule for visible emissions. 

### B. Section 49.131 General Rule for open burning. The ColvilleTribe is delegated authority to administer the general rule for open burning, pursuant to 49.131 

### C. Section 49.137, Rule for air pollution episodes. The ColvilleTribe is delegated authority to administer the rule for air pollution episodes pursuantto 49.137 

### D. The Colville Tribe requestfor additional provisions ofthe FIP. The Colville Tribe mayrequest amendment ofthis Agreement to add delegated authority for additional Rules. 

### V. ComplaintResponse. A. The Colville Tribe may respond to air quality complaints regarding episodes originating on the Colville Reservation as resources allow. This initial response will generally include a site visit to the source, request for additional information, and compliance assistance to the source owner, including information and education about the requirements to comply with the FIP. Information gathered during a site visit response will be transmitted electronically to EPA in writing. EPA will staffthe FARR Hotline, located in EPA's Seattle office, to log complaints andwill immediately report complaints about eDllSOloes originating on the Reservation to the Colville Tribe's Quality Office. B. and staffwill to whether additional response is warranted, and the nature and extent ofthat Complaints that a violation ofthe FIP that warrant an enforcement response addressed by in with federal and procedures, following an offerto consult with the ColvilleTribe. C. will maintain a log containing details on complaint 

### itreceives U"'"I''''''' to the Colville will complaints its to the complaints to EPA on a quarterlybasis data management system(s). VI. Inspections & Investigations. Inspections and investigations will be conducted in accordance with the Authorization Agreement Issuance Inspector Credentials the Federal AirAct June 7, 2007, between Colville and EPA 10. B. The Colville may in monitoring activities investigating complaints and conducting compliance inspections as resources allow, to guidelines provided to the Colville by EPA. For example, the ColvilleTribe conduct '"'V1UV

......... '"'''' inspections ofsources, sources, or general and forest openburning sources in accordance with an annual inspection work plan developed bythe Confederated Tribes the Colville Reservation and EPA. activities include an inspection orinvestigation of burning under the rule for burning, 40 § 49. 1. These may also include determining source levels or fact finding with respect to applicable FIP requirements which the ColvilleTribe staffhave established capability. VII. Enforcement. A. Enforcement of Colville will remain sole responsibility ofEPA in accordance with40 C.F.R. § EPA will consultation with the Colville Tribe to initiating any enforcement action for sources located the Reservation consistent applicable guidance and policy. Region 10 follow aU established P9licies and procedures, including policies and procedures bythe Office Enforcement and ComplianceAssurance (OECA) Region 10, in the pursuit ofenforcement remedies for ofthe Colville D. EPA will, on a semi-annual provide the Colville Tribe a report on status ofall enforcement for sources located Colville Reservation. 3

### VIII. Funding. A. expects to provide funds to the Colville Tribe to carry out its responsibilities delegated under the Agreement, as resources allow. Funding will beprovided through a Direct Implementation Tribal Cooperative (DITCA), Clean Act Section 105 or other funding mechanism. B. The ColvilleTribemaypromulgate tribal regulations authorizing collection fees from regulated community to fund the implementation ofthe regulatory program delegated under this Agreement. 

### IX. AdditionalProvisions. A. Colville has the ."''';'Ull'''.'' 

### adequate resources to carry out responsibilities delegated through requested bythe ColvilleTribe, EPA 

### will strive to provide technical assistance resources to meet needs identified Colville or See 

### VIn above. B. 

### will reasonable**att~empts** 

### to issues bya regulated "J'..<""';'''J'.. 

### decisions oractions made bythe Colville under the delegated authority**"'~L,""''''',** 

### before such to EPA. EPA Region 10 and the ColvilleTribe will strive to maintain communication. Ifan between and Colville best efforts will be made resolution at the

staffare unable to resolve the issue, staffwill the issue in writing to malla,gernelu 

### Until is If cannot final implementation and enforcement authority for the FIP. D. ,,-;'''',.,

...... policies, guidance determinations involving implementation ofthe "'''''''''''''''., as provided by EPA will provide Colville with ofthese policies, !".UJ,""<4J"...,'" 

### and determinations. Where no current

policy orguidance covers a situation, the Tribe and 10 will coordinate with each other. 

### X.**~r4~eIl!lellt** 

### Evaluation, Modification orTermination. Ifrequested by either EPA the Colville Tribe will engage in an evaluation greemem through staffcoordination or, as needed, government-to-government consultation. This evaluation may include, atnong other nature level ofcoordination, identification level ofeffort, description of activities, costs, evaluation ofresponse to citizens' complaints, identification ofareas B. 

### Agreement maybemodified to account for any changes to promulgated the completion of Agreement, by agreement byboth Parties. Implementation ofnew or revised requirements May 1,2005, will remain the soleresponsibility until this Agreement is modified. 4C. Pursuant to 40 CFR § 49. 1 22(c)(2), this Agreement maybe modified, amended orrevoked, in part orin whole bythe Regional Administrator after providing an opportunity for consultation to the Colville Tribe

. Any substantive modifications or amendments to this agreement will be subject to the procedures described in 40 CFR § 49.l22(d)(2), includingpublic notice. D. The ColvilleTribe may, at any time, submit to the Regional Administrator a written request for modification or amendment ofthis Agreement. E. Ifthe Colville Tribe's resources become limited and it is unable to comply with this Agreement, the Tribe reserves the right to temporarily staythe implementation ofthis Agreement. In such case, the Colville Tribe will notify the EPA in writing ofsuch temporary staying ofthis Agreement. F. The Colville Tribe may, at any time, terminate this Agreement byproviding sixty (60) days written notice to the Regional Administrator. 

### XI. Signatures. EPA and the Colville Tribe recognize that each reserves all rights, powers and remedies now or

.hereafter existing in law orin equityby statute, treaty orotherwise. Nothing in this Agreement is, or shall be construed, to be a waiver ofthe sovereignty ofthe ColvilleTribe or the United States. Byentering into this Agreement, EPA and the ColvilleTribe reserve, and do not waive, anyjurisdictional claims relating to proper application ofthe CAA or any othermatter. This Agreement is intended solely for the purpose offacilitating intergovernmental cooperation, and creates no rights in third parties or the right ofthird parties tojudicial review. IN

### WITNESS WHEREOF, the Parties have executed this Agreement on the date and year below. 

### THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

gional Administrator Date



### THECONFEDERATED TRIBES OFTHE COLVILLE RESERVATION

Date 

### I

5