Agreement for Partial Delegation of the 


Federal Implementation Plan for the Colville Reservation 


by the U.S. Environmental Protection Region 10 


to the Confederated Tribes of the 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 of administrative authority 

implementation of certain 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 exterior boundary of the Colville 

Upon the date Agreement, EPA 10 to the Colville 

Tribe authority to administer those of the Colville FIP identified below on all 

lands within the Colville Reservation. 

Authority. 

A. Sections 301(a) 30 1 (d)(4) of the Clean Act Amendments of 1990 (CAA or Act) 

provide authority to regulations to protect air quality within 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 specifically promu.1gated such regulations applicable to Colville 

Reservation. 40 Subpart §§ 

..........'....15"...... to an Indian Tribe partial authority to 

in 40 Subpart M 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 of authority request, pursuant to 40 § 49.122(d). 

F. This Agreement neither ,..,.,,,..,i",,,",,, nor diminishes any authority Ath,.,......" established by tribal 

or law. 
G. EP A retains full authority and responsibility for implementation, administration and 

enforcement of all 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 of air 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 of particulate matter; 


Section 49.126, Rule for limiting fugitive particulate matter emissions; Section 49.129, Rule 


for limiting emissions of sulfur 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 of air pollution sources and the Reporting of 


emissions; Section 49.139, Rule for non-Title V operating permits. 


IV. Delegated Provisions of the Colville FIP. 

This section of the Agreement specifically identifies those provisions which are delegated to the 

Colville Tribe. In addition, this Agreement identifies areas of coordination and communication 

between EPA and the Colville Tribe. 

A. Section 49.124, Rule for limiting visible emissions. 


The Colville Tribe is delegated authority to administer the general rule for visible emissions. 


B. Section 49.131 General Rule for open burning. 


The Colville Tribe 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 Colville Tribe is delegated authority to administer the rule for air pollution episodes 


pursuant to 49.137 


D. The Colville Tribe request for additional provisions of the FIP. 


The Colville Tribe may request amendment ofthis Agreement to add delegated authority for 


additional Rules. 


V. Complaint Response. 

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 staff the F ARR Hotline, located in EPA's Seattle office, to log complaints and 
will immediately report complaints about eDllSOloes originating on the Reservation to the Colville 

Tribe's Quality Office. 

B. and staff will 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 offer to consult with the Colville Tribe. 

C. will maintain a log containing details on complaint it receives 

U"'"I''''''' to the Colville will complaints its to 

the complaints to EPA on a quarterly basis data management system(s). 

VI. Inspections & Investigations. 

Inspections and investigations will be conducted in accordance with the Authorization 

Agreement Issuance Inspector Credentials the Federal Air Act 

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 Colville Tribe conduct '"'V1UV.........'"'''' 

inspections ofsources, sources, or general and forest open burning sources in 

accordance with an annual inspection work plan developed by the Confederated Tribes 

the Colville Reservation and EPA. activities include an inspection or investigation 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 Colville Tribe staffhave established 

capability. 

VII. Enforcement. 

A. Enforcement of Colville will remain sole responsibility ofEPA in accordance 

with 40 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 by the Office Enforcement and Compliance Assurance 

(OECA) Region 10, in the pursuit of enforcement remedies for ofthe 

Colville 

D. EPA will, on a semi-annual provide the Colville Tribe a report on status of all 

enforcement for sources located Colville Reservation. 

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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 be provided through a Direct 

Implementation Tribal Cooperative (DITCA), Clean Act Section 105 or 

other funding mechanism. 

B. The Colville Tribe may promulgate tribal regulations authorizing collection fees 

from regulated community to fund the implementation of the regulatory program delegated 

under this Agreement. 

IX. Additional Provisions. 

A. Colville has the ."''';'Ull'''.'' adequate resources to carry out 

responsibilities delegated through requested by the Colville Tribe, EPA will 

strive to provide technical assistance resources to meet needs identified Colville 

or See VIn above. 

B. will reasonable att~empts to issues by a regulated 

"J'..<""';'''J'.. decisions or actions made by the Colville under the delegated authority 

"'~L,""''''', before such to EPA. 

EP A Region 10 and the Colville Tribe will strive to maintain communication. If an 

between and Colville best efforts will be made resolution at the 

staff are unable to resolve the issue, staff will 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 of the "'''''''''''''''., as provided by EPA will provide 

Colville with of these policies, !".UJ,""<4J"...,'" and determinations. Where no current 

policy or guidance covers a situation, the Tribe and 10 

will coordinate with each other. 

X. ~r4~eIl!lellt Evaluation, Modification or Termination. 

If requested by either EPA the Colville Tribe will engage in an evaluation 

greemem through staff coordination or, as needed, government-to-government consultation. 

This evaluation may include, atnong other nature level of coordination, identification 

level of effort, description of activities, costs, evaluation ofresponse to citizens' 

complaints, identification of areas 

B. Agreement may be modified to account for any changes to promulgated 

the completion of Agreement, by agreement by both Parties. Implementation ofnew or 

revised requirements May 1,2005, will remain the sole responsibility until this 

Agreement is modified. 

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C. Pursuant to 40 CFR § 49. 1 22(c)(2), this Agreement may be modified, amended or revoked, 

in part or in whole by the 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), including public notice. 

D. The Colville Tribe may, at any time, submit to the Regional Administrator a written request 

for modification or amendment ofthis Agreement. 

E. If the Colville Tribe's resources become limited and it is unable to comply with this 

Agreement, the Tribe reserves the right to temporarily stay the implementation ofthis 

Agreement. In such case, the Colville Tribe will notify the EPA in writing of such temporary 

staying of this Agreement. 

F. The Colville Tribe may, at any time, terminate this Agreement by providing sixty (60) days 

written notice to the Regional Administrator. 

XI. Signatures. 

EP A and the Colville Tribe recognize that each reserves all rights, powers and remedies now or 

. hereafter existing in law or in equity by statute, treaty or otherwise. Nothing in this Agreement 

is, or shall be construed, to be a waiver of the sovereignty of the Colville Tribe or the United 

States. By entering into this Agreement, EPA and the Colville Tribe reserve, and do not waive, 

any jurisdictional claims relating to proper application of the CAA or any other matter. This 

Agreement is intended solely for the purpose of facilitating intergovernmental cooperation, and 

creates no rights in third parties or the right of third parties to judicial 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 

THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION 


Date I 

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