St. Regis Mohawk Tribe 

Tribal Implementation Plan 

Developed for: 

St. Regis Mohawk Tribe 

By the SRMT Environment Division 

Air Quality Program

Date: February 2004 Revision: 003 
Table of Contents 

Declaration of Policy 

Section 1.0.......Organizational Structure 

Section 2.0........Legal Authority 

Section 3.0........Resources 

Section 4.0........Severability 

Section 5.0........Definitions 

Section 6.0........Public Participation 

Section 7.0........Revisions 

Section 8.0........Air Quality Control Region 

Section 9.0........Air Quality Standards 

Section 10.0......Emissions Inventory 

Section 11.0......General Permit Requirements 

Section 12.0......Permits for Minor Facilities 

Section 13.0......Synthetic Minor Facilities 

Section 14.0......Source Surveillance 

Section 15.0......Open Burning 

Section 16.0......Reserved 

Section 17.0......Reserved 

Section 18.0......Enforcement 

Section 19.0......Review of State Permits 

Section 20.0......Regional Haze Planning 

Section 21.0......Reports 

Appendix A-Notice of Public Comment 

Appendix B- TCR99-43 

Appendix C- TCR89-19 

Appendix D-TCR89-34

Appendix E-TCR2002-183 

Appendix F-Eligibility Determination September 19, 2000 

Appendix G-Eligibility Determination May 25, 2001 

Appendix H-Eligibility Determination March 5, 2003 

Appendix I-TCR2002-59 

Appendix J-Burn Regulation 

Appendix K-TCR2003-06 

Appendix L-TCR2001-04 

Appendix M-TCR2001-26 

Appendix N-Safety and Civil Obedience Plan 

Appendix O-Press Release Announcement of Formation of MANE-VU 

2
Declaration of Policy 

It is declared to be the policy of the St. Regis Mohawk Tribe (SRMT) to maintain a reasonable

degree of purity of Tribal Air Resources, which shall be consistent with the public health and

welfare and the public enjoyment thereof, the industrial development of the Reservation, the 

propagation and protection of flora and fauna, and the protection of physical property and other 

resources, and to that end to require the use of all available practical and reasonable methods to 

prevent and control air pollution on the Reservation. It is further declared that this can be done

most effectively by focusing on goals to be achieved by a maximum of cooperation among all 

parties concerned and that rules and regulations established under the provisions of this Plan 

should be clearly premised upon scientific knowledge of causes as well as of the facts. 

Section 1.0 St. Regis Mohawk Tribe (SRMT) Organizational Structure 

AQ Specialist

AQ Technician

SRMT Air Quality Program

AQ Program Manager

SRMT Env. Division

Env. Division Director

SRMT Police Officer

SRMT Conservation Officers

SRMT Tribal Police

Tribal Police Chief

Peacemakers Court

Civil Disobedience Division

St. Regis Mohawk Tribe

Tribal Council

Section 2.0 Legal Authority 

2.1 Purpose 

2.2 Applicability 

2.1 Purpose 

It is the purpose of this TIP to safeguard the air resources of the Tribe from pollution by: (1) 

controlling or abating air pollution which shall exist when this Plan shall be enacted; and (2)

preventing new air pollution, under a program which shall be consistent with the declaration of 

policy stated below and in accordance with the provisions of this Plan. 

Tribal Council Resolution, TCR 99-43, was signed on December 3, 1999 (Appendix B). TCR

99-43 expressly states that the Tribe authorizes the SRMT’s Air Quality Program to submit 

applications for federal assistance and to receive delegation of the federal CAA authority, as 

allowed by law under the CAA of 1970 and Amendments to the act thereafter. Furthermore, the 

SRMT has signed into effect Tribal Resolutions: TCR 89-19, To Adopt Ambient Standards for 

PCBs on the St. Regis Mohawk Reservation, (appendix C) and TCR 89-34, Tribal Emergency 

Pollution Authority (appendix D). 

The TIP shall become effective 30 days from St. Regis Mohawk Tribal Council approval. The 

Tribal Council Resolution for the TIP, TCR-2002-183 (appendix E) was adopted October 3, 

2002. 

3
2.2 Applicability 

On September 19, 2000 (appendix F), May 25, 2001(appendix G), and March 5, 2003 (appendix 

H) letters signed by the Regional Administrator for the US Environmental Protection Agency 

(US EPA) announced the approval for the St. Regis Mohawk Tribe’s request for Eligibility 

Determination for the St. Regis Mohawk Tribe for Treatment in the Same Manner as a State 

Under the Clean Air Act. In the letter, the US EPA Region 2 Office of Regional Counsel (ORC)

and the Division of Environmental Planning and Protection (DEPP) determined the SRMT met 

the criteria at 40 CFR 49.6; 

(1)The applicant is an Indian Tribe recognized by the Secretary of the Interior; 

(2)The Indian Tribe has a governing body carrying out substantial governmental duties

and functions; 

(3)The functions to be exercised by the Indian Tribe pertain to the management and 

protection of air resources within the exterior boundaries of the reservation or other areas 

within the Tribe’s jurisdiction. 

The Indian Tribe is reasonably expected to be capable, in the EPA Regional Administrator’s

judgment of carrying out the functions to be exercised in a manner consistent with the terms and 

purposes of the CAA and all applicable regulations. 

Section 3.0 Resources 

3.1 Purpose 

3.2 Applicability 

3.1 Purpose 

The SRMT Air Quality Program provides research, analysis and educational outreach to the 

Mohawk community. The SRMT Air Quality Program has increased its capabilities, skills and 

knowledge since the beginning of the program in 1990. The program is currently operating 

under both CAA Section 105, Section 103 and private funding. At times, the Air Quality 

Program also cooperates with public and private institutions to finance research activities. When 

appropriate, the Air Quality Program is supplemented by the SRMT Environment Division, 

which is currently staffed with 21 employees. 

The Air Quality Program employs three technicians and one program manager. The educational 

background ranges from Bachelors of Science to a Masters degree. Each technician is crosstrained to perform monitoring for Atmospheric Deposition, Polychlorinated Biphenyls, 

Polycyclic Aromatic Hydrocarbons, Sulfur Dioxide, Nitrogen Oxides, heavy metals, Particulate 

Matter and styrene. Cross-training each technician prevents data gaps should one technician be 

out of the office. All equipment used for monitoring is owned by the Air Quality Program and is 

maintained and calibrated on-site. 

4
Support staff for the Air Quality Program includes two Conservation Officers, Environmental 

Lawyers, an on-site legal advisor, technical support through the Tribal Air Monitoring Center, 

Las Vegas, and maintenance personnel. 

3.2 Applicability 

The SRMT Air Quality Program reserves the right to apply for additional CAA Section 105/103 

grants and expand its resources as necessary to conduct research, investigations, experiments, 

demonstrations, surveys and/or studies relating to the causes, effects, extent, prevention and 

control of air pollution within the exterior boundaries of the SRM reservation. 

Section 4.0 Severability 

If any Section of this Plan is considered invalid and as such cannot be approved, such invalidity 

shall not affect other Sections of the Plan that can be given effect without the invalid Section. 

Section 5.0 Definitions 

5.1 Purpose 

5.2 Definitions

5.1 Purpose 

As used in this TIP, all terms not defined herein will have the meaning given them in the CAA 

(42 U.S.C. 7401 et seq., as amended by Pub. L. 91-604, 84 Stat. 1676 Pubs. L. 95-95, 91 Stat., 

685 and Pub. L. 95-190, 91 Stat., 1399.) 

5.2 Definitions 

Administrator means the Administrator of the Environmental Protection Agency (EPA) or an 

authorized representative. 

Air Quality Program means the legal body within the St. Regis Mohawk Tribe, Environment 

Division. 

Area source means any small residential, governmental, institutional, commercial, or industrial 

fuel combustion operations; onsite solid waste disposal facility; motor vehicles, aircraft vessels,

or other transportation facilities or other miscellaneous sources identified through inventory 

techniques similar to those described in the “AEROS Manual series, Vol. II AEROS User’s 

Manual,” EPA-450/2-76-029 December 1976. 

Begin actual construction means, in general, initiation of physical, on-site construction, 

reconstruction, or modification activities on an emissions unit, which are of a permanent nature. 

Such activities include, but are not limited to, installation of building supports and foundations, 

lying of underground pipe work, and construction of permanent storage structures. Such 

activities do not include site clearing and grading or entering into binding agreements or 

contractual obligations. With respect to a change in method of operating, this term refers to 

those on-site activities, other than preparatory activities, which mark the initiation of the change. 

Owners or operators that undertake these activities prior to obtaining any required permits do so 

at their own risk; a permit may not be issued or may not contain the terms the applicant desires. 

5
Compliance schedule means the date or dates by which a source or category of sources is

required to comply with specific emission limitations contained in an implementation plan and 

with any increments of progress toward such compliance. 

Construction means fabrication, erection, or installation of an emission facility, emissions unit, 

or stationary source. Construction also includes excavation, blasting, removing rock and soil, 

and/or backfilling unless the administrator deems these activities to be of minimal cost, do not 

significantly alter the site, and are not permanent in nature. Construction does not include site 

clearing or grading. 

Control strategy means a combination of measures designated to achieve the aggregate reduction 

of emissions necessary for attainment and maintenance of national standards including, but not 

limited to, measures such as: 

(1) Emission limitations. 

(2) Federal or Tribal emission charges or taxes or other economic incentives or 

disincentives. 

(3) Closing or relocation of residential, commercial, or industrial facilities. 

(4) Changes in schedules or methods of operation of commercial or industrial facilities or 

transportation systems, including, but not limited to, short-term changes made in 

accordance with standby plans. 

(5) Periodic inspection and testing of motor vehicle emission control systems. 

(6) Emission control measures applicable to in-use motor vehicles, including, but not 

limited to, measures such as mandatory maintenance, installation of emission control 

devices, and conversion to gaseous fuels. 

(7) Any transportation control measure including those transportation measures listed in

section 108(f) of the CAA as amended. 

(8) Any variation of, or alternative to any measure delineated herein. 

(9) Control or prohibition of a fuel or fuel additive used in motor vehicles, if such control 

or prohibition is necessary to achieve a national primary or secondary air quality 

standard and is approved under section 211(4) of the Act. 

Criteria pollutant means any of the following: sulfur dioxide, particulate matter, nitrogen 

oxides, carbon monoxide, ozone, lead, and any other pollutants for which national ambient air 

quality standards have been established in Plan of Federal Regulations, title 40, part 50, as 

amended, or for which tribe ambient air quality standards have been established in Section 9.0. 

De minimis facility means a facility that 

(1) meets all of the following de minimis criteria: 

(a) has actual emissions of 19.9 tons per year or less of each criteria pollutant, or 

has actual emissions of 2 tons per year of any one HAP or 5 tons per year of any 

combined HAPs; 

(b) is not a “major source” as defined in 40 CFR Section 71; or 

(c) is not operated in conjunction with another facility or source that is subject to

air quality permitting; or

(2) is not subject to the federal NSPS, 40 CFR Part 60; or 

(3) is not subject to the NESHAP, 40 CFR Parts 61 and 63. 

6
Emission limitation and emission standard mean a requirement established by the SRMT Air

Quality Program which limits the quantity, rate, or concentration of emissions of air pollutants 

on a continuous basis, including any requirements which limit the level of opacity, prescribe 

equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source 

to assure continuous emission reduction. 

Excess emissions means emissions of an air pollutant in excess of an emission standard. 

Existing facility means an emission facility at which construction, modification, or reconstruction 

was commenced before the effective date of the applicable Tribal air pollution control rule. 

Fossil fuel-fired steam generator means a furnace or boiler used in the process of burning fossil

fuel for the primary purpose of producing steam by heat transfer. 

Fugitive emission means emissions of an air contaminant, which could not reasonably pass 

through a stack, vent, chimney or other functionally equivalent opening. 

Hazardous Air Pollutant is any one of the compounds listed in 40 CFR Section 61. Note: For 

all listings which contain the word “compounds”, and for glycol ethers, the following applies:

Unless otherwise specified, these listings are defined as including any unique chemical substance 

that contains the named chemical (i.e., antimony, arsenic, etc.) as that chemical’s infrastructure. 

Modification means any physical change or change in the method of operation of an emissions 

unit, emission facility, or stationary source that results in an increase in the emission of a 

regulated air pollutant. Emissions are considered to increase if there is an increase in the rate of

emissions of any regulated air pollutant, or new emissions of a regulated air pollutant not 

previously emitted, from any unit at the source. To determine if there is an increase in the rate of

emissions, the Air Quality Program shall compare the pounds per hour of emissions at maximum

capacity before and after the physical or operational change. 

New facility means an emission facility on which construction, modification, or reconstruction 

was commenced after the effective date of the applicable tribal air pollution control rule.

Owner or operator means any person who owns, leases, operates, controls, or supervises a 

facility, building, structure, or installation, which directly or indirectly result or may result in 

emissions of any air pollutant for which a national standard is in effect. 

Point source means the following: 

(1)For Particulate matter, sulfur oxides, carbon monoxide, volatile organic compounds

(VOC) and nitrogen dioxideAny stationary source the actual emissions of which are in excess of 90.7 metric 

tons (100 tons) per year of the criteria pollutant; or 

(2)For lead or lead compounds measured as elemental lead, any stationary source that 

actually emits a total of 4.5 metric tons (5 tons) per year or more. 

Reasonably available control technology (RACT) means devices, systems, process 

modifications, or other apparatus or techniques that are reasonably available taking into account: 

7
(1)The necessity of imposing such controls in order to attain and maintain a national 

ambient air quality standard; 

(2)The social, environmental, and economic impact of such controls; or 

(3)Alternative means of providing for attainment and maintenance of such standard. 

Secondary standard means a national secondary ambient air quality standard promulgated

pursuant to section 109 of the Act. 

Stack means any point in a source designed to emit solids, liquids, or gases into the air, including 

a pipe or duct but not including flares. 

Stationary source means an assemblage of all emissions units and emission facilities that belong 

to the same industrial grouping, are located at one or more contiguous or adjacent properties and 

are under the control of the same person (or persons under common control). Emissions units or 

emission facilities must be considered as part of the same industrial grouping if they belong to 

the same "major group" (that is, which have the same two-digit Plan) as described in the 

Standard Industrial Classification Manual. 

Transportation control measure means any measure that is directed toward reducing emissions

of air pollutants from transportation sources. Such measures include, but are not limited to, those

listed in section 108(f) of the CAA. 

Variance means the temporary deferral of a final compliance date for an individual source 

subject to an approved regulation, or a temporary change to an approved regulation as it applies 

to an individual source. 

Volatile organic compounds (VOC) means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium

carbonate, which participates in atmospheric photochemical reactions; any compounds that EPA

exempts according to 40 CFR 51.100(s). 

Section 6.0 Public Participation 

6.1 Purpose 

6.2 Applicability

6.1 Purpose 

The SRMT Air Quality Program is to provide opportunity for public comment on information 

submitted by owners and operators and will keep the public informed of violations and 

exceedances. 

6.2 Applicability 

(1)The SRMT Air Quality Program is to provide opportunity for public comment on 

proposed construction or modification plans, including the agency’s proposed approval or 

disapproval. 

Opportunity for public comment shall include, at minimum:

8
a. Availability for public inspection in at least one location in the area 

affected of the information submitted by the owner or operator and the 

agency’s analysis of the effect on air quality; 

b. A 30-day period for submittal of public comment; 

c. A notice by prominent advertisement in the area affected of the location of 

the source information; 

d. A copy of the notice required must also be sent to the Administrator

through the appropriate Regional Office. The Air Quality Program shall 

provide 30 days for EPA review of the proposed permit prior to final 

action; and 

e. The Air Quality Program will provide EPA with a final permit. 

(2)The SRMT Air Quality Program is to provide opportunity for public comment on plan 

revisions and schedule changes. 

Opportunity for public comment shall include, as a minimum:

a. Availability for public inspection in at least one location in the area by the 

plan revision or schedule change; 

b. A 30-day period for submittal of public comment; 

c. A notice by prominent advertisement in the area affected of the location of 

the source information; end 

d. A copy of the notice required must also be sent to the Administrator

through the appropriate Regional Office. The Air Quality Program shall 

provide 30 days for EPA review. 

(3)The SRMT Air Quality Program shall notify the public on a regular basis: 

a. Instances or areas in which any primary standard was exceeded during any

portion of the preceding calendar year; 

b. Advising the public of the health hazards associated with such an 

exceedance of a primary standard, 

c. Increase public awareness of measures that can be taken to prevent 

exceedances and ways in which the public can participate in regulatory 

and other efforts to improve air quality. 

Section 7.0 Revisions 

7.1 Purpose 

7.2 Applicability

7.1 Purpose 

The SRMT Air Quality Program may revise the plan from time to time consistent with the

requirements applicable to implementation plans under 40 CFR Section 51. The Tribe must

submit any revision of any regulation or any compliance schedule to the Regional Administrator

no later than 60 days after its adoption by Tribal Council. 

9
7.2 Applicability 

The Tribe must submit with the revision, a certification, that the hearing required by Subsection 

6.2 of this Plan was held in accordance with the notice required. 

Section 8.0 Air Quality Control Region 

8.1 Scope 

8.2 Purpose 

8.3 Applicability 

8.1 Scope 

The St. Regis Mohawk Reserve is located in northern New York, 10 miles east of Massena, NY. 

It is situated in the north, western most corner of Franklin County, bordered by St. Lawrence 

County. It is also divided by the international boundary of the United States and Canada. 

Approximately 6,000 Mohawks reside on the US portion of the Reserve with a total population 

nearing 10,000 overall. 

The St. Regis Mohawk Reserve (US portion) consists of approximately 14,600 acres, primarily 

unused agricultural land and wetlands. There has been a decline in agricultural activities over 

the years due to the negative influence of industrial emissions and pollution. The rivers had also 

previously provided a means of income through guide fishing, and fish marketing. Since then, 

industrial pollution has been responsible for the contamination of the fish, to the point that 

government warnings have been limiting the consumption of fish. 

8.2 Purpose 

The St. Regis Mohawk territory in the past had been included in the Champlain Valley Interstate

Air Quality Control Region 159, “AQCR 159”, (40 CFR 81.48). AQCR 159 consists of, in New 

York State, Clinton County, Essex County, Franklin County, Hamilton County, St. Lawrence 

County, Warren County, Washington County. The St. Regis Mohawk Tribe asserts authority 

within the exterior boundaries of the reservation in accordance with the Treaty of Canandaigua

of 1784 and the Treaty with the Six Nations of 1796. 

The SRMT Air Quality Program will use the history of the AQCR 159 to designate its attainment 

status in regards to the National Ambient Air Quality Standards (NAAQS). According to 40 

CFR 81.333, Attainment Status Designation in New York State, AQCR 159 meets, is better than 

or is considered unclassifiable according to NAAQ Standards. 

Attainment Status Designations 

NAAQ Pollutant Attainment Status Designation 

Sulfur dioxide (SO2) Better than national standards 

Carbon monoxide (CO) Unclassifiable or in attainment 

Ozone (O3) Unclassifiable or in attainment 

Particulate matter, 10 microns (PM10) Not designated other than New York County 

Nitrogen dioxide (NO2) Unclassifiable or better than national standards 

10
8.3 Applicability 

The SRMT Air Quality Program will perform ambient monitoring for sulfur dioxide, heavy 

metals, particulate matter (10 and 2.5 microns), ozone and nitrogen dioxide. 

Section 9.0 Air Quality Standards 

9.1 General 

9.2 Sulfur Dioxide 

9.3 Particulate Matter 

9.4 Nitrogen Dioxide 

9.5 Ozone 

9.6 Fluorides 

9.7 Heavy Metals 

9.1 General 

(1) Air quality standards are designed to provide protection from the adverse health

effects of air contamination and they are intended further to protect and conserve the 

natural resources and environment and to promote maximum comfort and enjoyment and 

use of property consistent with the economic and social well-being of the community. 

(2) The provisions of this section shall apply to all areas within the exterior boundaries of 

the St. Regis Mohawk Reservation and any other areas that the SRMT can show 

jurisdiction over. 

(3) No person shall permit, suffer or allow the emission of contaminants from an 

emission source, which alone or in combination with emissions from other sources cause 

contravention of air quality standards promulgated in this Section. 

(4) Notwithstanding the existence of specific standards, emissions of odorous, toxic or 

deleterious substances in concentrations or of such duration that will affect human health

or well-being or unreasonably interfere with the enjoyment of property or unreasonably 

and adversely affect plant or animal life shall not be permitted.

9.2 Sulfur Dioxide 

(1) Definitions 

(a) Sulfur Dioxide (SO2). A nonflammable, nonexplosive, colorless gas, having a 

pungent, irritating odor. For the purpose of this subsection, this term shall also 

include other material that may test as sulfur dioxide by the specified method of 

measurement. 

(b) ug/m3. Micrograms of contaminant per cubic meter of air. 

(2) Standards 

11
(a)Primary ambient air quality standards for sulfur oxides (sulfur dioxide). 

(i) The level of the annual standard is 0.030 parts per million (ppm), not to

be exceeded in a calendar year. The annual arithmetic mean shall be

rounded to three decimal places (fractional parts equal to or greater than 

0.0005 ppm shall be rounded up). 

(ii) The level of the 24-hour standard is 0.14 parts per million (ppm), not 

to be exceeded more than once per calendar year. The 24-hour averages 

shall be determined from successive nonoverlapping 24-hour blocks 

starting at midnight each calendar day and shall be rounded to two decimal 

places (fractional parts equal to or greater than 0.005 ppm shall be 

rounded up). 

(b)Secondary ambient air quality standards for sulfur oxides. 

(i) The level of the 3-hour standard is 0.5 parts per million (ppm), not to 

be exceeded more than once per calendar year. The 3-hour averages shall 

be determined from successive nonoverlapping 3-hour blocks starting at 

midnight each calendar day and shall be rounded to 1 decimal place

(fractional parts equal to or greater than 0.05 ppm shall be rounded up). 

(3) Measurement 

For primary ambient air standards 

(a) Sulfur oxides shall be measured in the ambient air as sulfur dioxide by the 

reference method described in 40 CFR Part 50 Appendix A or by an equivalent

method designated in accordance with 40 CFR Part 53. 

(b) To demonstrate attainment, the annual arithmetic mean and the second-highest

24-hour averages must be based upon hourly data that are at least 75 percent 

complete in each calendar quarter. A 24-hour block average shall be considered

valid if at least 75 percent of the hourly averages for the 24-hour period are 

available. In the event that only 18, 19, 20, 21, 22, or 23 hourly averages are 

available, the 24-hour block average shall be computed as the sum of the available 

hourly averages using 18, 19, etc. as the divisor. If fewer than 18 hourly averages

are available, but the 24-hour average would exceed the level of the standard

when zeros are substituted for the missing values, subject to the rounding rule of 

paragraph (2)(a)(i) of this section, then this shall be considered a valid 24-hour 

average. In this case, the 24-hour block average shall be computed as the sum of 

the available hourly averages divided by 24. 

For secondary ambient air standards 

 

12
(a) Sulfur oxides shall be measured in the ambient air as sulfur dioxide by the 

reference method described in 40 CFR Part 50 Appendix A or by an equivalent

method designated in accordance with 40 CFR Part 53. 

(b) To demonstrate attainment, the second-highest 3-hour average must be based 

upon hourly data that are at least 75 percent complete in each calendar quarter. A

3-hour block average shall be considered valid only if all three hourly averages 

for the 3-hour period are available. If only one or two hourly averages are 

available, but the 3-hour average would exceed the level of the standard when 

zeros are substituted for the missing values, subject to the rounding rule of 

paragraph (2)(b)(i) of this section, then this shall be considered a valid 3-hour 

average. In all cases, the 3-hour block average shall be computed as the sum of

the hourly averages divided by 3. 

9.3 Particulate Matter 

(1) Definition. 

Particulate is any matter dispersed in the atmosphere, whether solid or liquid, in which 

the individual particles are larger than single molecules (about 0.0002 μ in diameter), but 

smaller than about 500 μ. Suspended particulates range below 10 μ in diameter. For the 

purposes of this subsection, the suspended particulates are as collected and measured by 

the method specified. 

(2) Standards. 

(a) Primary and secondary ambient air quality standards for PM10. 

(i) The level of the primary and secondary 24-hour ambient air quality 

standards for particulate matter is 150 micrograms per cubic meter 

(ug/m3), 24-hour average concentration. The standards are attained when 

the expected number of days per calendar year with a 24-hour average 

concentration above 150 ug/m3, as determined in accordance with 40 CFR 

50 Appendix J, is equal to or less than one. 

(ii) The level of the primary and secondary annual standards for 

particulate matter is 50 micrograms per cubic meter (ug/m3), annual

arithmetic mean. The standards are attained when the expected annual 

arithmetic mean concentration, as determined in accordance with 40 CFR 

Appendix J, is less than or equal to 50 ug/m3. 

(b) Primary and secondary ambient air quality standards for PM2.5 

(i) The standards for PM 2.5 are met when the annual arithmetic mean 

concentration, as determined in accordance with 40 CFR Part 50 

Appendix L, is less than or equal to 15.0 

13
micrograms per cubic meter. 

(ii) The 24-hour primary and secondary PM2.5 standards are met when the 

98th percentile 24-hour concentration, as determined in accordance with 

40 CFR Part 50 Appendix L, is less than or 

equal to 65 micrograms per cubic meter. 

(3) Measurement 

(a) For the purpose of determining attainment of the primary and secondary 

standards, particulate matter shall be measured in the ambient air as PM10 

(particles with an aerodynamic diameter less than or equal to a nominal 10 

micrometers) by the reference method based on 40 CFR Part 50 Appendix J or

designated in accordance with 40 CFR Part 53. 

(b) For the purpose of determining attainment of the primary and secondary 

standards, particulate matter shall be measured in the ambient air as PM2.5 

(particles with an aerodynamic diameter less than or equal to a nominal 10 

micrometers) by the reference methods based on Appendix L of 40 CFR Section 

50. 

9.4 Nitrogen Dioxide 

(1) Definitions 

Nitrogen dioxide is a reddish-orange-brown gas with a characteristic pungent odor. It is 

corrosive and highly oxidizing and may be physiologically irritating. NO2 is essential to 

the production of photochemical smog. 

(2) Standards 

(a) Primary and secondary ambient air quality standards for nitrogen dioxide. 

(i) The level of the national primary ambient air quality standard for 

nitrogen dioxide is 0.053 parts per million (100 micrograms per cubic 

meter), annual arithmetic mean concentration. 

(ii) The level of national secondary ambient air quality standard for 

nitrogen dioxide is 0.053 parts per million (100 micrograms per cubic 

meter), annual arithmetic mean concentration. 

(3) Measurement 

(a) The concentration of NO2 is determined by the reference method based on 40 

CFR Part 50 F and designated in accordance with 40 CFR Part 53, or 

14
(b) An equivalent method designated in accordance with 40 CFR Part 53. 

(c) The standards are attained when the annual arithmetic mean concentration in a 

calendar year is less than or equal to 0.053 ppm, rounded to three decimal places 

(fractional parts equal to or greater than 0.0005 ppm must be rounded up). To 

demonstrate attainment, an annual mean must be based upon hourly data that are 

at least 75 percent complete or upon data derived from manual methods that are at

least 75 percent complete for the scheduled sampling days in each calendar 

quarter. 

9.5 Ozone 

(1) Definition

Ozone can cause irritation of the mucous membranes, damage to vegetation and 

deterioration of materials. They affect the clearance mechanism of the lungs and later 

resistance to bacterial infection. 

(2) Standards 

(a) For 1-hour primary and secondary ambient air quality standards for ozone. 

(i) The level of the national 1-hour primary and secondary ambient air 

quality standards for ozone measured by a reference method based on 40 

CFR Part 50 Appendix D and designated in accordance with 40 CFR Part 

53, is 0.12 parts per million (235 ug/m3). 

(ii) The 1-hour standards set forth in this section will remain applicable to 

all areas notwithstanding the promulgation of 8-hour ozone standard. In 

addition, after the 8-hour standard has become fully enforceable under part 

D of title I of the CAA and subject to no further legal challenge, the 1-

hour standards set forth in this section will no longer apply to an area once 

EPA determines that the area has air quality meeting the 1-hour standard. 

Area designations and classifications with respect to the 1-hour standards 

are codified in 40 CFR part 81. 

(b) For 8-hour primary and secondary ambient air quality standards for ozone. 

(i) The level of the national 8-hour primary and secondary ambient air 

quality standards for ozone, measured by a reference method based on 40 

CFR Part 50 Appendix D and designated in accordance with 40 CFR Part 

53, is 0.08 parts per million (ppm), daily maximum 8-hour average. 

(ii) The 8-hour primary and secondary ozone ambient air quality standards

are met at an ambient air quality monitoring site when the average of the 

15
annual fourth-highest daily maximum 8-hour average ozone concentration 

is less than or equal to 0.08 ppm. 

9.6 Fluoride 

(1) Definitions 

Unless a different meaning is clearly required by context, words and phrases used in this

section shall have the following meanings; general terms common with other sections of 

the Plan as defined in Section 5, and terms specific to standards for fluoride as defined 

below: 

(a) “Forage” means grasses, pasture and other vegetation that is consumed or is 

intended to be consumed by livestock. 

(b) “Cured forage” means hay, straw, ensilage that is consumed or is intended to 

be consumed by livestock. 

(c) “Fluoride” refers to a heterogeneous group of compounds from the highly 

reactive, nonmetallic gaseous element known as fluorine. For the purpose of this

standard, fluoride will include material that tests as fluoride by the method 

specified or other methods acceptable to the director. 

(2) Standards-forage 

(a) All sampling to determine compliance with these standards shall be conducted 

in locations and during time periods consistent with protecting livestock and 

vegetation. 

(b) The fluoride content of forage calculated by dry weight shall not exceed: 

(i) For growing season (not to exceed six consecutive months)- 40 ppm

(ii) For any 60 day period- 60 ppm

(iii) For any 30 day period- 80 ppm

 (3) Standards-Ambient 

(a) All sampling to determine compliance with these standards shall be conducted 

in locations and during time periods consistent with protecting livestock and 

vegetation. 

(b) Gaseous fluorides in the ambient air calculated as HF at standard conditions 

(25 degrees Celsius, 760 in. Hg) shall not exceed: 

(i)12 hour averages to be less than 1.13 ppb; 

(ii) 24 hour averages to be less than 0.88 ppb; 

(iii) One week averages to be less than 0.50 ppb; and, 

16
(iv) One month averages to be less than 0.25 ppb. 

(4) Measurement 

(a)Compliance with standards. When requested by the Air Quality Program, 

persons emitting fluorides to the ambient air shall demonstrate their compliance 

with Section 9.6.2 and 9.6.3 by conducting a monitoring program approved in 

writing by the Air Quality Program. All monitoring data shall be submitted to the 

Air Quality Program monthly. 

(b) Total fluorides in and on forage is determined by current scientifically

acceptable measurement practices that are considered to be standard methods or

other methods acceptable to the Director of the Environment Division. 

9.7 Heavy Metals 

(1) Definitions 

All metals shall include the metallic form and metallic compounds that may test as those 

metals by the acceptable analytical method. 

(2) Standards 

Applicable in all levels during any month, the average concentration shall not exceed: 

(a) Beryllium (Be) 4.2E-4 ug/m3 

(b) Cadmium (Cd) 2.4E-2 ug/m3 

(c) Chromium (Cr) 1.2 ug/m3 

(d) Lead (Pb) 7.5E-1 ug/m3 

(e) Nickel (Ni) 4.0E-3 ug/m3 

(f) Zinc (Zn) 50.0 ug/m3 

(3) Measurement 

Metals in air will be sampled according to 40 CFR 50 Appendix B, Reference Method for 

the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume 

Method). The concentration of metals in the ambient air will be analyzed using EPA

Method IO-3.5, Inductively Coupled Plasma/Mass Spectrometry (ICP/MS). 

9.8 Monitoring Instruments 

POLLUTANT PREVENTION and CONTROL MONITORING EQUIPMENT

and SCHEDULE 

Ozone Reduce motor vehicle reactive

organic gas (ROG) and nitrogen oxide 

Air Pollution Instrumentation 

Incorporated (API). 

17
(NOx) emissions through inspection

programs, and reduced vehicle use. Limit 

ROG emissions from commercial/ 

industrial operations and consumer

products. Conserve energy. 

Model 400A Ozone Analyzer, 

Model 700 Calibrator. 

Continuous Monitoring 

Respirable 

Particulate 

Matter 

(PM10) 

Control dust sources, industrial 

Particulate emissions,

wood burning stoves and

fireplaces. Reduce secondary 

pollutants, which react to form

PM10. Conserve energy. 

R&P Company Incorporated. 

TEOM Series 1400a Ambient 

Particulate Monitor. 

Continuous Monitoring 

Fine 

Particulate 

Matter 

(PM2.5) 

Reduce combustion emissions

from motor vehicles, equipment, industries, 

and agricultural and

residential burning. 

R&P Company Incorporated. 

TEOM Series 1400a, 

ACCU System. 

Continuous Monitoring-TEOM 

Every 6th Day-ACCU 

Nitrogen 

Dioxide 

(NO2) 

Control motor vehicle and

industrial combustion emissions.

Conserve energy. 

API, Inc. 

Model 200A NOx Analyzer 

Model 700 Calibrator 

Continuous Monitoring 

Heavy Metals Reduce emissions from industrial sources. HI-Q Environmental 

Total Suspended Particulate 

Monitor. 

Every 6th Day 

Sulfur 

Dioxide 

(SO2) 

Reduce use of high sulfur fuels

(e.g. use low sulfur reformulated 

diesel or natural gas). Conserve 

energy. 

API, Inc. 

Model 100A SO2 Analyzer 

Model 700 Calibrator 

Continuous Monitoring 

Section 10.0 Emissions Inventory 

10.1 Purpose 

10.2 Applicability 

10.3 Procedure 

10.4 Schedule 

10.1 Purpose 

18
The purpose of the emissions inventory is to establish a baseline for air pollutants impacting the

reservation. It is a means to compare impacts that might arise from development and 

industrialization. It will also document improvements to air quality as a result of emissions 

reductions through treatment or pollution prevention activities at local neighboring industries. 

10.2 Applicability 

An initial emissions inventory was produced in 1999 utilizing a baseline year of 1995 and the St. 

Regis Mohawk Reservation’s exterior boundaries over which the SRMT has jurisdiction. The 

land base used for calculations was 14,600 acres. The population was estimated at 6000 

residents. These figures will be used until more current information is available. A summary of 

sources found on the reservation is noted in Table 10.1. 

Table 10.1 Emissions Inventory Report Summary 

Stationary Source-Fuel Combustion Commercial Institutional 

Residential 

Stationary Source-Solvent Utilization Automobile Refinishing

Pesticide Application

Asphalt Application

Tank Drum Cleaning 

Stationary Source-Gasoline Marketing Stage I-underground tank filling

Stage II-vehicle refueling

Stationary Source-Petroleum Product Transport Marine Vessel

Truck 

Stationary Source-Waste Disposal, Treatment 

and Recovery 

Open burning 

Solid Waste Transfer Station 

On-Road Mobile Sources Automobiles 

Buses 

Sport Utility Vehicles 

Vans 

Motorcycles 

Non-Road Mobile Sources Locomotives 

Lawn and Garden Equipment 

Agricultural Equipment 

Commercial Equipment 

Construction Equipment

Recreational Vehicles 

Recreational Marine Vehicles 

Commercial Marine Vehicles 

10.3 Procedure 

The emissions inventory will be based on documentation and guidance established by the United 

States Environmental Protection Agency: Procedures for Emission Inventory Preparation, 

Volumes I-VII, AP-42 and MOBILE 5/6 (software developed by EPA for estimating emissions 

from mobile sources). 

10.4 Schedule 

The emissions inventory will be updated in 2004 and every 3-5 years thereafter. 

 

19
Section 11.0 General Permit Requirements 

11.1 Purpose 

11.2 Applicability 

11.3 Public Participation 

11.4 Applications 

11.5 Review 

11.6 Renewal 

11.7 Change in Ownership 

11.8 Unavoidable Noncompliance and Violations 

11.9 Emergency Defense 

11.10 Prohibition of Reintroduction of Collected Contaminants to the Air

11.1 Purpose 

The purpose of this Section is to require owners and/or operators of proposed or existing air 

contamination sources to submit an application and obtain a permit from the Air Quality

Program for the operation of such sources. 

11.2 Applicability 

Unless specifically exempted pursuant to Section 12.2.2, owners and /or operators of air 

contamination sources must comply with this Section. Owners and/or operators of major

stationary sources subject to 40 CFR Part 71, must obtain a Title V permit from the US 

Environmental Protection Agency. Owners and/or operators of other emission sources must

submit an application pursuant to Sections 11.4 and 11.5 of this Plan. Owners and/or operators

of emission sources required to obtain a Title V permit may request limitations on such source’s 

potential to emit regulated air pollutants in accordance with Section 13.0 of this Plan in order to

avoid such requirements. 

11.3 Public Participation 

Federal, affected state and public participation in review and permit proceedings will be provided

for in accordance with procedures established in Section 6.0 of this Plan unless otherwise 

provided for in this Section. 

11.4 Applications 

(1) Application Submittals 

All applications submitted to the Air Quality Program shall be provided in a format 

acceptable to the Air Quality Program. At a minimum, the application must include: 

(a) identifying information, including owner and/or operator name and address, plant 

name and address; 

(b) a location map with the site marked on it if the application is for a new facility; 

(c) a facility description of the operations carried out at the facility; 

(d) a listing of the Standard Industrial Classification Plans (SIC) which correspond to the 

primary operations carried out at facility; 

20
(e) a list of Criteria and Hazardous Air Pollutants emitted at the facility, including 

quantity and rate of emissions; the emissions shall be based upon actual test data or in the 

absence of such data upon estimations acceptable to the Air Quality Program. 

(f) a listing of the applicable Tribal requirements in this Plan; 

(g) a listing of the applicable Federal requirements; 

(h) proposed start-up date or phased dates when applicable; 

(i) revisions to the installation/construction, if any, that differed from the construction 

design and plan given in the permit application material, data and specifications. 

(2) Application Fees 

An application will be assessed a one-time fee that must accompany the application.

Applications received without appropriate fees are incomplete. Fees must be paid by check 

or money order made payable to St. Regis Mohawk Tribe in accordance with the following 

fee schedule: 

(a) Construction permit application fees. 

(i)Emissions of any regulated air pollutant over 40 up to and including 99 tons per 

year- $500 

(ii)Emissions of any regulated air pollutant 5 up to and including 40 tons per year 

- $300 

(iii)Emissions of any air pollutant applicable to Sections 9.6 and 9.7- $300 

(iv)Extension of time and transfer of ownership – no fee 

(b)Operating permit application fees.

(i)Minor permit - $300 

(ii)Modification of permit - $200 

(iii)Relocation - $100 

11.5 Review 

The Air Quality Program will make a determination of facility status within 60 days of receipt of

a complete application. The Air Quality Program will publish the notice of complete application

in accordance with Section 6.2.a. 

11.6 Renewal 

Renewal of minor source permits shall occur every 5 years from the date of original issuance. 

Owners or operators of affected facilities must submit their application no later than 180 days 

before the date of expiration. 

11.7 Change in Ownership. 

A minor source permit is valid only for the emission unit(s), owner and/or operator, facility, 

mode of operation and special conditions stated in the application, or permit. The owner and/or 

operator can transfer the permit to a new owner and/or operator if the mode of operation and 

emissions do not change. 

21
11.8 Unavoidable Noncompliance and Violations. 

At the discretion of the Air Quality Program, a violation of any applicable emission standard for 

necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or 

upsets may be excused if such violations are unavoidable. The following actions and record 

keeping and reporting requirements must be adhered to in such circumstances: 

(1) The facility owner and/or operator shall compile and maintain records of all 

equipment maintenance or start-up/shutdown activities when they can be expected to

result in an exceedance of any applicable emission standard, and shall submit a report of 

such activities to the Air Quality Program. Such reports shall describe why the violation 

was unavoidable and shall include the time, frequency and duration of the maintenance 

and/or start-up/shutdown activities and the identification of air contaminants, and the

estimated emission rates. If a facility owner and/or operator is subject to continuous stack 

monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility. 

(2) In the event that emissions of air contaminants in excess of any emission standard in 

this Plan occur due to a malfunction, the facility owner and/or operator shall report such 

malfunction by telephone to the Air Quality Program as soon as possible during normal

working hours, but in any event not later than two working days after becoming aware 

that the malfunction occurred. Within 30 days thereafter, the facility owner and/or 

operator shall submit a written report to the Air Quality Program describing the 

malfunction, the corrective action taken, identification of air contaminants, and an 

estimate of the emission rates. 

(3) The Air Quality Program may also require the owner and/or operator to include in 

reports described under (1) and (2) above an estimate of the maximum ground level 

concentration of each air contaminant emitted and the effect of such emissions depending 

on the deviation of the malfunction and the air contaminants emitted. 

(4) In the event of maintenance, start-up/shutdown or malfunction conditions which result 

in emissions exceeding any applicable emission standard, the facility owner and/or 

operator shall take appropriate action to prevent emissions which will result in

contravention of any applicable ambient air quality standard. RACT, as determined by 

the Air Quality Program, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this Section. 

11.9 Emergency Defense. 

An emergency constitutes an affirmative defense to an action brought for noncompliance with 

emission limitations or permit conditions for all facilities within the exterior boundaries of the 

SRMT. 

(1) The affirmative defense of emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

(a) An emergency occurred and that the facility owner and/or operator can

identify the cause(s) of the emergency; 

(b) The equipment at the permitted facility causing the emergency was at the time

being properly operated; 

22
(c) During the period of the emergency the facility owner and/or operator took all 

reasonable steps to minimize levels of emissions that exceeded the emission 

standards, or other requirements in the permit; or

(d) The facility owner and/or operator notified the Air Quality Program within

two working days after the event occurred. This notice must contain a description 

of the emergency, any steps taken to mitigate emissions, and corrective actions

taken. 

(2) In any enforcement proceeding, the facility owner and/or operator seeking to establish 

the occurrence of an emergency has the burden of proof. 

11.10 Prohibition of Reintroduction of Collected Contaminants to the Air. 

No person shall unnecessarily remove, handle, or cause to be handled, collected air contaminants

from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce 

them to the outdoor atmosphere. 

Section 12.0 Permits for Minor Facilities 

12.1 Purpose 

12.2 Applicability 

12.3 Construction Permits 

12.4 Operating Permits 

12.5 Monitoring, Record Keeping, Reporting 

12.1 Purpose 

The purpose of this Section is 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 Section 109 and 112 of the CAA and Section 9 of this

Plan. 

12.2 Applicability 

(1)Except as provided in this section, no person may commence construction or 

modification of any minor facility, may operate any new minor facility or may relocate 

any minor portable source without obtaining a permit from the Air Quality Program. 

(2)Sources that meet the following criteria are required to register with the Air Quality

Program, as specified in this paragraph: 

(a) Facilities with existing stationary sources that are in industrial categories to

which a New Source Performance Standard (NSPS) applies, with potential 

emissions of regulated contaminants below the applicability thresholds of 40 

CFR Section 60, 

(b) Facilities with existing stationary sources, which emit any contaminant listed 

as a hazardous air pollutant under Section 112 of the CAA with a potential to emit 

below the applicability thresholds of 40 CFR Section 61 and 40 CFR Section 63 

or which have been deferred from the requirement for obtaining a Title V permit 

pursuant to 40 CFR Section 71, 

23
(c) Any stationary source, which has its potential to emit capped by rule pursuant 

to Subsection 13.0 of this Plan. 

(3)De minimis facilities, as defined in Section 5.0, are exempted from the permitting 

requirements of this Section and Section 13.0. De minimis facilities remain subject only 

to the following air quality rules:

(a) Section 15.0 Open Burning 

(4) The issuance of a permit does not prevent the future adoption by the Air Quality

Program of pollution control rules, standards or orders more stringent than those now in 

existence and does not prevent the enforcement of these rules, standards or orders against 

the permittee. 

 

12.3 Construction permits 

(1)No person shall cause or allow the construction or installation of any new minor 

facility other than a de minimis facility as defined in Section 5.0 without first obtaining 

an air quality construction permit. A construction permit is also required for any 

modification that would cause an existing facility to no longer qualify for de minimis

status or its current permit category. The Air Quality Program will notify the

owner/operator on the acceptability of the application within 30 days of receipt. 

(2) The proposed facility or activity will not cause any National Ambient Air Quality

Standard (NAAQS) or standard pursuant to Section 9.0 of this Plan, in any attainment 

area to be exceeded. The owner or operator will meet any applicable ambient air quality 

standards and all applicable regulations. 

(3) Air quality modeling is required, in accordance with 40 CFR Part 51 Appendix W, for

where the proposed facility or activity will emit more than: 

20 tpy of PM 10 

40 tpy of SO2 

40 tpy of NOx 

40 tpy of Ozone 

Permits shall be issued if the Air Quality Program determines that RACT will be applied 

and the applicant has adequately demonstrated that reasonable further progress toward 

the attainment of the standards will not be impaired. 

(4) Permits are issued based on the production/process rate requested in the permit

application. The emission rate associated with the requested production/process rate is a 

permit condition. The Air Quality Program may modify the production/process rate, 

hours of operation or other requested permit conditions in order to create Tribe-only or 

federally and practically enforceable permit conditions. 

(5) For where the emission would cause or contribute to ambient concentrations which 

exceed a National Ambient Air Quality Standard or standard pursuant to Section 9.0 of 

24
this Plan, in designated non-attainment areas, permits shall be issued if the Air Quality 

Program determines that (RACT) will be applied and the applicant has adequately 

demonstrated that reasonable further progress toward the attainment of the NAAQS will

not be impaired. 

(6) A violation by the owner or operator of the limitations or conditions contained in the

construction permit shall subject the owner or operator to any or all enforcement 

penalties, including permit revocation, available under this TIP. No operating permit will 

be issued until the violation has been resolved to the satisfaction of the Air Quality 

Program. 

(7)A duly issued permit to construct or modify will terminate and become null and void if

the construction is not commenced within 18 months of the permit issuance date, or if

work is suspended for more than 18 months after it has commenced. 

12.4 Operating permits 

(1)No person shall cause or authorize the operation of a new or modified minor facility 

for more than a 60-day period without applying for a minor permit to operate. Owners 

and operators of registered facilities must notify the Air Quality Program 30 days in 

advance of undertaking modifications to the facility that will make the facility subject to 

additional tribal or federal requirements. 

(2)Emission limitations established and made a part of the construction permit are 

incorporated into and become enforceable limitations of the subsequently issued 

operating permit. Permit limitations in adjustment of or in addition to the facility’s

construction permit limitations may be made a condition of the facility’s operating permit 

issuance. 

12.5 Monitoring, Record Keeping, Reporting 

(1) Monitoring requirements must specify the type, interval, and frequency of monitoring 

activities that are sufficient to yield representative data to determine whether there is 

compliance with the terms and conditions of the permit or compliance with Tribal and 

federal pollution control statutes and rules. As appropriate, the permit must contain 

requirements for the proper use, maintenance, and installation of monitoring equipment 

or methods. The permit must require the permittee to keep accurate records of 

monitoring activities and to submit to the Air Quality Program periodic reports of

monitoring results required by the permit and, as requested by the Air Quality Program, 

the results of other monitoring undertaken by the permittee that are related to compliance 

with the terms and conditions of the permit or compliance with Tribal and federal 

pollution control statutes and rules. 

(2) The permittee shall retain the following items for at least five years from the date of 

the sample, measurement, report, certification, or application, after which time this period 

must be automatically extended during the course of an unresolved enforcement action or 

at the request of the Air Quality Program: 

(a) copies of all reports required by the conditions of the permit; 

25
(b) calibration and maintenance records and all original strip chart recordings 

for continuous monitoring instrumentation; 

(c) records of the date, exact location, and time of monitoring and testing 

which is related to compliance with the terms and conditions of the permit or 

compliance with Tribal and federal pollution control statutes and rules, the 

name of the individual who performed the sampling or measurements, the 

date the analysis was performed, the name of the individual who performed 

the analysis, the analytical techniques or methods used, and the results of the 

analysis; 

(3) The permittee shall at all times properly operate and maintain the facilities and systems of

treatment and control and the appurtenances related to them which are installed or used 

by the permittee to achieve compliance with the conditions of the permit. Proper 

operation and maintenance includes effective performance, adequate funding, adequate 

operator staffing and training, and adequate laboratory and process controls, including 

appropriate quality assurance procedures. 

(4) The permittee shall install and maintain appropriate backup or auxiliary facilities if they 

are necessary to achieve compliance with the conditions of the permit and, for all permits 

other than hazardous waste facility permits, if these backup or auxiliary facilities are 

technically and economically feasible. 

(5) 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. 

Section 13.0 Synthetic Minor Facilities 

13.1 Purpose 

13.2 Request for Synthetic Minor Status 

13.3 Record Keeping 

13.4 Compliance 

13.5 Renewal 

13.1 Purpose 

This Section authorizes the owners or operators of specified stationary sources that would 

otherwise be major sources to request and accept Tribally and federally enforceable emission 

limits sufficient to allow the source to be considered “synthetic minor sources”. A synthetic 

minor source is not subject to Title V-Federal Operating Permit Program, unless it is subject to 

that rule for any reason other than being a major source. In addition, a synthetic minor source is 

subject to all applicable Tribal rules, regulations and other requirements. 

13.2 Request for Synthetic Minor Status: 

(1)A request for designation as a synthetic minor source shall include: 

26
(a)The identification and description of all existing emission units at the source; 

(b)The calculation of each emission unit's maximum annual and maximum 

monthly emissions of regulated air pollutants for all operating scenarios to be 

permitted, including any existing federally-enforceable limits established by a 

mechanism other than this rule; 

(c)Proposed federally enforceable conditions which: 

(i)Limit source-wide emissions to below major source thresholds; and 

(ii)Are permanent, quantifiable, and otherwise enforceable as a practical 

matter; 

(d)Proposed federally enforceable conditions to impose monitoring, record

keeping, and reporting requirements sufficient to determine compliance; 

(e)Any additional information requested by the Air Quality Program; and 

(f)Certification by a responsible official that the contents of the request are true, 

accurate, and complete. 

(2)The owner or operator of a major source who chooses to request synthetic minor 

source status shall make such a request within the following timeframes: 

(a)For any major source that is operating or is scheduled to commence operating 

on the effective date of this TIP, the owner or operator shall request synthetic 

minor source status no later than 60 days from the effective date of this Plan. 

(b)For any major source that commences operating after the effective date of this

TIP, the owner or operator shall request synthetic minor source status no later 

than 180 days prior to commencing operation. 

(3)The Air Quality Program shall determine if the request for synthetic minor status is 

complete within 30 days of receipt, unless a longer period of time is agreed upon by the 

Air Quality Program and the source's owner or operator. 

(4)Federally-enforceable conditions enabling a source to become a synthetic minor 

source shall be identified as federally enforceable and included in a source's operating

permit issued by the Air Quality Program, and shall be: 

(a)Permanent, quantifiable, and practically enforceable permit conditions,

including any operational limitations or conditions, which limit the source's

potential to emit to below major source thresholds; 

(b)Monitoring, record keeping, and reporting conditions sufficient to determine 

on-going compliance with the emission limits; and 

(c)Subject to public notice and U.S. EPA review pursuant to Sections 6.0 of this 

rule. Permits that do not conform to the requirements of this Section, and other 

requirements of this Plan, or any underlying federal regulations that set forth 

27
criteria for federal-enforceability may be deemed not federally enforceable by the

U.S. EPA. 

(5)Permits and permit modifications involving federally-enforceable conditions must be 

subjected to the public notice and comment procedures required for permit applications 

under Section 6 of this Plan which must include at a minimum, publication of a notice of 

complete application in a prominent newspaper serving the area and a 30 day public

comment period. Copies of permits shall be forwarded to the Administrator through the

appropriate Regional Office. 

13.3 Record Keeping 

The owner or operator of any facility subject to this Section must maintain all required records

on-site for a period of five years and make them available to representatives of the Air Quality 

Program upon request. Program representatives must be granted access to any facility regulated 

by this Section, during normal operating hours, for the purpose of determining compliance with 

this and any other state and federal air pollution control requirements, regulations or law. 

13.4 Compliance 

(1)On an annual basis, beginning one year after the granting of federally enforceable 

conditions, the responsible official shall provide a certification to the Air Quality

Program that the facility has operated all emission units within the limits imposed by the

conditions. This certification shall include a brief summary of the emissions subject to the

conditions for that time period and a comparison to those threshold levels that would 

require the submission of an application for a Title V facility permit, or compliance with 

an applicable requirement. 

(2) The emission of pollutants in exceedance of the applicability thresholds for obtaining 

a Title V facility permit or other applicable requirements constitutes a violation of this

Section and of the Plan and may be subject to one or a combination of the following 

actions: enforcement action, permit termination, permit revocation and reissuance and 

permit renewal denial. 

13.5 Renewal 

Renewal of synthetic minor source permits shall occur every 5 years from the date of original 

issuance. Owners or operators of affected facilities must submit their application no later than

180 days before the date of expiration. 

Section 14.0 Source Surveillance 

14.1 Emission Reports and Record keeping 

14.2 Testing, enforcement, inspection and complaints 

14.3 Continuous Emissions Monitoring 

14.1 Emission Reports and Record keeping 

28
(1) Emission Reports shall include the following: 

(a) Certification by a duly authorized representative. A duly authorized

representative must sign a form provided by the Department to verify the truth, 

accuracy, and completeness of the emission statement. This certification shall 

state that, based on information and belief formed after reasonable inquiry by the 

duly authorized representative, the statements and information in the document 

are true, accurate, and complete. The certification shall include the full name, 

title, original signature, date of signature and telephone number of the duly 

authorized representative. 

(b) Facility level information, consisting of: 

(i) verification of full name of facility; 

(ii) verification of parent company name; 

(iii) verification of street address (physical location) of the facility; 

(iv) verification of four digit SIC Plan(s) for the facility; 

(v) calendar year reportable emissions; 

(vi) total facility fuel use and fuel sulfur content and heat value (for 

combustion installations); and 

(vii) fugitive emissions. 

(c) Emission point level information, consisting of: 

(i) average hours of operation per day (peak ozone and carbon 

monoxide seasons); 

(ii) average days of operation per week (peak ozone and carbon

monoxide seasons); 

(iii) weeks of operation per year (seasonal and annual); 

(iv) hours of operation per year; 

(v) percentage annual throughput (percentage of annual activity by 

season); and

(vi) verification of latitude and longitude. 

(d) Process level information, consisting of: 

(i) maximum heat input (for combustion installations); 

(ii) quantity of fuels consumed (for combustion installations); 

(iii) estimated actual annual reportable emissions, for each air regulated 

air pollutant emitted, (in units of pounds per year); 

(iv) estimated emissions method (see subdivision 202-2.4(b) of this 

subsection); 

(v) emission factor(s) (if used to determine actual emissions); 

(vi) primary and secondary control equipment identification Plan(s); 

29
(vii) control efficiencies achieved by the control equipment. The control 

efficiency should reflect the total control efficiency from all

control equipment for a specific criteria group (e.g., VOCs and 

NOx). If the actual control efficiency is unavailable, the design 

efficiency or the control efficiency limit imposed by a permit shall 

be used; 

(viii) annual process rate; 

(ix) peak ozone season daily process rate. 

(e) Petroleum, volatile organic liquid, and fuel storage and distribution facilities

must provide the following additional information: 

(i) tank capacity (including maximum and average liquid height, and 

working volume); 

(ii) throughput associated with tanks and loading racks (including 

turnovers per year). 

(2) Emission Reporting Methods and Procedures. 

Emission reports shall be submitted to the Air Quality Program on or before March 1 

each year for emissions of the previous calendar year. Emissions estimates shall be based

on the owner or operator’s use of the following methods. If a source owner or operator is 

required to use a specific monitoring method to demonstrate compliance with other 

applicable requirements, the Air Quality Program may require that the emission estimates 

for the corresponding processes be based on information obtained from that monitoring 

method. The Air Quality Program may reject use of a proposed method for a particular 

process if it can be demonstrated that the method does not represent actual emissions. 

(a) stack samples or other emission measurements; 

(b) material balance using knowledge of the process; 

(c) US EPA Air Pollution-42 emission factors; and 

(d) best engineering judgment (including manufacturers’ guarantees). 

(3) Record keeping 

The owner or operator of any facility subject to this Section must maintain all required

records on-site for a period of five years and make them available to representatives of 

the Air Quality Program upon request. Program representatives must be granted access to 

any facility regulated by this Section, during normal operating hours, for the purpose of 

determining compliance with this and any other tribal and federal air pollution control 

requirements, regulations or law. 

14.2 Testing, enforcement, inspection and complaints 

(1) For the purpose of ascertaining compliance or non-compliance with any air pollution 

control Plan, rule or regulation, the Air Quality Program requires the source owner or 

operator to submit an acceptable report of measured emissions within 30 days of testing. 

30
The source owner or operator shall bear the cost of measurement and preparing the report 

of measured emissions. Failure of such person to submit a report acceptable to the Air

Quality Program within the stated time shall be sufficient reason for the Air Quality 

Program to suspend or deny an operating permit. In the event a source owner or operator 

can demonstrate to the Air Quality Program such time is not sufficient, he may request an 

extension in writing and be granted a 30-day extension. 

(2) A source owner or operator who is required to submit a stack test report shall notify 

the Air Quality Program, in writing, not less than 30 days prior to the test, of the time and 

date of the test. Such notification shall also include the acceptable procedures to be used 

for the stack test including sampling and analytical procedures. The source owner or 

operator shall allow the Air Quality Program, or a representative, free access to observe

the stack testing being conducted. No person shall conceal an emission by the use of air 

or other gaseous diluent to achieve compliance with an emission standard, which is based 

on the concentration of a contaminant in the gases, emitted through a stack. 

(3) Emission testing, sampling and analytical determinations to ascertain compliance with 

this Section shall be conducted in accordance with test methods acceptable to the Air 

Quality Program. The Reference Methods contained in 40 CFR Section 60 Appendix A 

and 40 CFR Section 61 Appendix B shall be considered as acceptable test methods for 

those sources and contaminants for which they are expressly applicable. 

(4) Enforcement of these rules and regulations shall be performed by the St. Regis 

Mohawk Conservation Officers. The Conservation Officers will also be responsible for

inspecting the facilities based on any complaints received. Findings shall be recorded

and a copy given to both the facility and the Air Quality Program. Air Quality Program 

representatives will be responsible for annual facility inspections and any unannounced 

audits. 

(5) For the purpose of ascertaining compliance or noncompliance with any air pollution 

control Plan, rule or regulation, the Air Quality Program may conduct separate or 

additional emission tests on behalf of the Tribe. A source owner or operator shall provide 

sampling holes, scaffolding and other pertinent equipment required for emission testing. 

The facility shall bear the costs of such equipment. 

14.3 Continuous Emissions Monitoring 

(1) The owner and operator of any source subject to this section shall be required to

install and operate CEMS on each affected unit at the source, and to quality assure the

data for sulfur dioxide, nitrogen oxides, opacity and volumetric flow at each such unit. 

(2) CEM is the continuous measurement of pollutants emitted into the atmosphere in

exhaust gases from combustion or industrial processes. CEM systems include: 

(a) An SO2 pollutant concentration monitor; 

(b) A NOx pollutant concentration monitor; 

(c) A volumetric flow monitor; 

31
(d) An opacity monitor; 

(e) A diluent gas (O2 or CO2) monitor; or 

(f) A computer-based data acquisition and handling system for recording and 

performing calculations with the data. 

(3) All units over 25 megawatts and new units under 25 megawatts that use fuel with a 

sulfur content greater than 0.05 percent by weight are required to measure and report 

emissions under this Section. The new units under 25 megawatts using clean fuels are 

required to certify their eligibility for an exemption every five years. The following is 

monitoring methods requirements and options: 

(a) All existing coal-fired units serving a generator greater than 25 megawatts and 

all new coal units must use CEMs for SO2, NOx, flow and opacity. 

(b) Units burning natural gas may determine SO2 mass emissions by: 

(1) measuring heat input with a gas flow meter and using a default 

emission rate; 

(2) sampling and analyzing gas daily for sulfur and using the volume of 

gas combusted; or 

(3) using CEMs. 

(c) Units burning oil may monitor SO2 mass emissions by one of the following 

methods: 

(i) Daily manual oil sampling and analysis plus oil flow meter; 

(ii) Sampling and analysis of diesel fuel oil as delivered plus oil flow 

meter;

(iii) Automatic continuous oil sampling plus oil flow meter; 

(iv) SO2 and flow CEMs. 

 (d) Gas-fired and oil-fired base-loaded units must use NOx CEMs. 

(e) Gas-fired peaking units and oil-fired peaking units may either estimate NOx 

emissions by using site-specific emission correlations and periodic stack testing to

verify continued representativeness of the correlations, or use NOx CEMs. 

(f) All gas-fired units using natural gas for at least 90 percent of their annual heat 

input and units burning diesel fuel oil are exempt from opacity monitoring. 

(g) For CO2 all units can use either (i) a mass balance estimation or (ii) CO2 

CEMs or (iii) O2 CEMs in order to estimate CO2 emissions. 

If a unit’s operation or fuel use changes so that accepted monitoring methods no longer apply, 

the unit would become subject to CEMS monitoring requirements in the following calendar year. 

Not later than thirty-six months after enactment of the TIP, the owner or operator of each

affected unit under Section 13.3.3, shall install and operate CEMS, quality assure the data, and 

32
keep records and reports in accordance with the regulations issued under subsections 13.3.1, 

13.3.4, 13.3.5, and 13.3.6 of this Section. 

(4) Emissions Calculated for Periods of Missing Data 

Annual Availability (%)

of Monitor or System* 

Number of Hours

Missing (N) 

Value Substituted for Each 

Missing Hour 

Greater than or equal 

 to 95% 

N is less than or

equal to 24 hours 

N is greater than 24 hours 

Average of the hours 

recorded before and after 

missing period 

90th percentile value 

recorded in previous 30 days 

of service or the before/after

value, whichever is greater 

Less than 95% but greater 

than or equal to 90% 

N is less than or equal to 8 

hours 

 N is greater than 8 hours 

Average of the hours 

recorded before and after 

missing period 

 

95th percentile value 

recorded in previous 30 days 

of service or the before/after

value, whichever is greater 

Less than 90% N is greater than 0 hours Maximum value recorded in 

previous 30** days of service 

(5) Certification Requirements 

The TIP requires the following performance certification tests for CEM systems: 

(a) A 7-day calibration error test for each monitor; 

(b) A linearity check for each pollutant concentration monitor; 

(c) A relative accuracy test audit for each monitor; 

(d) A bias test for each SO2 pollutant concentration monitor, flow monitor, and

the NOx CEM system; 

(e) A cycle time test for each pollutant concentration monitor; 

(f) A daily interference test for flow monitors; 

(g) An accuracy test is required for fuel flow meters; and 

(h) A stack test is required for a NOx emission correlation for gas- and oil-fired 

peaking unit. 

(6) Quality Assurance/Quality Control 

The operator must perform periodic performance evaluations of the equipment, including 

daily calibration error tests, daily interference tests for flow monitors, and semi-annual 

relative accuracy test audit and bias tests. 

33
The owner or operator must develop and implement a written quality assurance/quality

control plan for each system. The quality control plan must include complete, step-bystep procedures and operations for calibration checks, calibration adjustments, preventive 

maintenance, audits, and record keeping and reporting. The quality assurance plan must 

include procedures for conducting periodic performance tests. 

Section 15.0 Open Burning 

15.1 Purpose 

15.2 Applicability 

15.1 Purpose 

In an effort to preserve the air quality for our community in the wake of increased business and 

housing development, the regulation of open burning is necessary to preserve the enjoyment of 

property by all and to assure that Tribal health, safety and welfare are protected (Appendix I).

Under this regulation (Appendix J and Appendix K), proven methods and controls will be

utilized to minimize air impacts from permitted burning. 

15.2 Applicability 

The provisions of this section apply to all areas within the exterior boundaries of the SRMT and 

other areas where the Tribe has shown to have jurisdiction. 

Section 16.0 Reserved

Section 17.0 Reserved 

34
Section 18.0 Enforcement 

18.1 Applicability 

18.2 Compliance 

18.1 Applicability 

Through the Safety and Civil Obedience Plan (Appendix L, Appendix M and Appendix N) the 

St. Regis Mohawk Tribal Police are hereby authorized and given jurisdiction within the external 

boundaries of the Mohawk Territory to respond to complaints, requests for assistance, reports of

problems and/or any other type of inquiry reasonably related to their official duties as police 

officers. 

18.2 Compliance 

(1)The St. Regis Mohawk Tribal Police and Conservation Officers will assume

enforcement activities for the purposes of air regulations compliance. 

(a) Any individual or owner of an air contamination source will be advised of

their conduct-giving rise to the violation. After being so advised, the violator

will be issued a summons. The summons must contain a minimum sufficient 

detail to advise the violator of the exact provision of the TIP, which was

allegedly violated, the date and time of the violation. 

(b) It is not a defense for a permittee in an enforcement action that it would have 

been necessary to halt or reduce the permitted activity in order to maintain 

compliance with the conditions of the permit. 

(2)The Peacemakers Court, Civil Disobedience Division shall be the arbiter of all 

summons and complaints filed under this Plan. 

(a) The Peacemakers Court may seal an air contamination source to prevent 

its operation if compliance with this Chapter is not met within the time provided

by an order of the Court issued in the case of the violation. Sealing means 

labeling or tagging a source to notify any person that operation of the source is

prohibited, and also includes physical means of preventing the operation of an air 

contamination source without resulting in destruction of any equipment associated 

with such source, and includes, but is not limited to, bolting, chaining or wiring

shut control panels, apertures or conduits associated with such source. 

(b) No person shall operate any air contamination source sealed by the Court 

in accordance with this section unless a modification has been made which

enables such source to comply with all requirements applicable to such 

modification. 

(c) Unless authorized by the Court, no person shall remove or alter any seal 

affixed to any air contamination source in accordance with this section. 

35
Section 19.0 Review of State Permits 

19.1 Purpose 

19.2 Applicability 

19.1 Purpose 

The Air Quality Program is capable of evaluating and commenting on air permit notices and 

draft permits for facilities located in contiguous jurisdictions where the air emissions may affect 

the Reservation air quality and/or facilities located within 50 miles of the Reservation. The Air 

Quality Program will be afforded the opportunity to submit written recommendations in 

respecting the issuance of the permit and its terms and conditions. 

19.2 Applicability 

In accordance with the approved Eligibility Determination for the SRMT (Appendix ), the Air 

Quality Program has “affected state” status under 505(a)(2) of the CAA. 

Section 20.0 Regional Haze Planning 

20.1 Purpose 

20.2 Scope 

20.3 Applicability 

20.1 Purpose 

The Air Quality Program in conjunction with the Ozone Transport Commission (OTC), MidAtlantic States for Regional Air Management (MARAMA), the Northeast States for Coordinated 

Air Use Management (NESCAUM), eleven states and the Penobscot Indian Nation of Maine are 

committed to a long-term strategy for implementing the final regional haze rule. A TIP 

committal plan for regional haze will be developed for early 2005 and a final revision in 2008. 

20.2 Scope 

With the finalization of the regional haze rule in mid-1999, EPA started a process for the 

development of Implementation Plans for regional haze. Given the regional nature of the

problem, the rule strongly endorses regional planning, and the role of states and tribes within a 

regional planning organization (RPO). This organization was formed on July 24, 2001 

(Appendix O) and was named the Mid-Atlantic Northeast Visibility Union (MANE-VU). 

20.3 Applicability 

The final regional haze rule provides for eventually reaching natural background condition in 

Class 1 areas. Because emissions that cause haze are emitted over wide areas and haze

precursors are transported by winds, a regional program to implement EPA’s final rule ensures 

36
improved visibility not only in parks and wilderness areas, but in many other areas of the ozone

transport region as well. 

Section 21.0 Reports 

21.1 Purpose 

21.2 Reportable Emissions Data and Information 

21.3 Reporting Format 

21.1 Purpose 

On an annual basis beginning with calendar year 2005, the Air Quality Program shall report to 

the Administrator (through the appropriate Regional Office) and the SRMT Environmental 

Director information as specified in Section 21.2 through 21.3. Reports must be submitted by

April 15 of each year for data collected and actions, which took place during the period January

1 to December 31 of the previous year. 

21.2 Reportable Emissions Data and Information 

The Air Quality Program shall submit in the annual report, the following emissions data and 

information: 

(1) Emissions of Particulate matter (PM10/2.5), sulfur oxides, nitrogen oxides and 

volatile organic compounds, 

(2) Emissions of lead or lead compounds measured as elemental lead, 

(3) Air toxics in the form of metals-beryllium, cadmium, chromium and nickel, 

(4) Any enforcement action taken or court order, 

(5) Any new construction or modifications approved under Section 12 of this Plan, 

(6) Any source that ceases operation during the reporting period 

21.3 Reporting Format 

The Air Quality Program will submit the annual report on paper forms and electronic copies. 

37
Appendix A-Notice of Public Comment 

38
39
Appendix B-TCR99-43 

Clean Air Quality Program Authority 

40
TRIBAL COUNCIL RESOLUTION 

TCR 99-43 

TCR 99-43 

Saint Regis Mohawk Tribe

Rt. 37 Box 8A 

Hogansburg, New York 13655 

Tel. 518-358-2272 

Fax 518-358-3203 

Tribal Sub Chief Tribal Sub Chief Tribal Sub Chief

Richard A. Terrance John Bigtree Jr. Harry Benedict 

Tribal Chief Tribal Chief Tribal Chief 

Hilda E. Smoke Alma Ransom Paul Thompson

Clean Air Quality Program Authority 

WHEREAS, The St. Regis Mohawk Tribal Council (Tribal Council) acting 

as the recognized governing body on behalf of the St. Regis Mohawk Tribe 

(Tribe) has the authority to govern environmental matters within its territory,

and 

WHEREAS, The St. Regis Mohawk Tribe has the authority to delegate 

authority to a designated Tribal office or department, and 

WHEREAS, The St. Regis Mohawk Tribe, Environment Division, Clean Air 

Quality Program, is primarily responsible for the protection and enhancement 

of the Tribes air quality, through monitoring, studies and development of air 

quality legislation, and 

WHEREAS, The Tribal Council is acting in the best interest of the Tribe, 

NOW THEREFORE BE IT RESOLVED, that the Tribe authorizes the St. 

Regis Mohawk Tribe, Clean Air Quality Program to submit applications for 

federal assistance and to receive delegation of federal Clean Air Act 

authority, as allowed by law under the Clean Air Act of 1970 and Clean Air 

Amendments of 1990. 

Signed By: Signed by: Hilda E. Smoke, Tribal Chief, Alma Ransom, Tribal Chief, Paul O. Thompson, Tribal

Chief, Richard A. Terrance, Sub Chief, John Bigtree Jr., Sub Chief, and Harry Benedict, Sub Chief. 

Certified By: Angus McDonald

41
Appendix C- TCR89-19 

42
43
44
45
46
Appendix D-TCR89-34 

47
48
49
50
Appendix E-TCR2002-183 

51
52
Appendix F-Eligibility Determination, 

September 2000 Letter 

53
54
55
56
57
58
59
60
61
62
Appendix G-Eligibility Determination 

May 2001 Letter 

63
64
65
Appendix H-Eligibility Determination 

March 2003 Letter 

66
67
68
69
70
71
72
Appendix I-TCR2002-59 

73
Saint Regis Mohawk Tribe

412 State Route 37 

Akwesasne, New York 13655 

Tel. 518-358-2272 

Fax 518-358-3203 

Tribal Council Resolution 

Resolution 2002-59 

Burn Regulation 

WHEREAS, the Saint Regis Mohawk Tribal Council is the duly recognized governing body of the Saint Regis Mohawk

Tribe; and, 

WHEREAS, the Saint Regis Mohawk Tribal Council is responsible for the health, safety, education and welfare of all 

community members; and,

WHEREAS, the authority, responsibility, and jurisdiction of the Tribal Council to protect air resources on Tribal Lands is

derived from the Tribe’s sovereign rights as the Aboriginal owners and guardians of their lands and waters and has been

recognized by Federal Indian Policy; and 

 WHEREAS, the Tribal Council has determined that the Saint Regis Mohawk Tribe Environment Division shall 

have primary responsibility for administering an Air Quality Program which monitors and regulates Tribal air 

quality, subject to review and approval by the Tribal Council in accordance with Tribal law; and, 

WHEREAS, the Saint Regis Mohawk Tribe Environment Division has identified the need to implement controls

over open burning on Tribal Lands; and, 

WHEREAS, the Tribal Council has reviewed the proposed “Clean Air Quality Program-Tribal Burn Regulations” 

drafted by the Saint Regis Mohawk Environment Division.

THEREFORE BE IT RESOLVED THAT, the Saint Regis Mohawk Tribal Council hereby approves and makes 

part of Tribal Law, “The Clean Air Quality Program-Tribal Burn Regulations” submitted by the Saint Regis 

Mohawk Tribe Environment Division; and,

BE IT FURTHER RESOLVED THAT, all Tribal agencies, including, but not limited to the Tribal Police Force, 

will be provided with copies of the Tribal Burn Regulations, and will assist in the compliance with and whenever 

applicable, the enforcement of the Tribal Burn Regulation in accordance with applicable law. 

THE SAINT REGIS MOHAWK TRIBAL COUNCIL 

Signed by: Alma Ransom, Tribal Chief, Paul O. Thompson, Tribal Chief, John Bigtree Jr., Sub Chief, and Harry

Benedict, Sub Chief. 

Certified by: Patricia Thomas, Tribal Clerk

74
Appendix J-Tribal Burn Regulations 

75
ST. REGIS MOHAWK TRIBE 

 ENVIRONMENT DIVISION 

AIR QUALITY PROGRAM; TRIBAL BURN REGULATION 

Preamble

The Four Winds 

We are thankful to the powers we know as the Four Winds. We hear their 

voices in the moving air as they refresh us and purify the air we breathe. 

They help to bring the change of seasons. From the four directions they 

come, bringing us messages and giving us strength. With one mind, we send 

our greetings and thanks to the Four Winds. 

It is with the recognition of the Four Winds, that we call air, and their powers of purification and 

refreshment, that the Tribal Burn Regulations are being instituted. 

Clean air is an important resource to the community of Akwesasne and like many other resources 

it is taken for granted until it becomes scarce. Clean air is important for healthy lives and is 

really appreciated by the many Tribal members suffering from asthma and other respiratory 

illness. 

The uncontrolled burning of waste materials in backyards and lots is an activity that threatens the 

health and well being of us all. It produces smoke containing poisons that are immediately 

harmful as well as containing cancer-causing chemicals. Burning of waste materials does not 

eliminate waste disposal because there are ashes produced (also toxic) and because many 

materials, like glass and metals, do not even burn. 

In an effort to preserve the air quality for our community in the wake of increased business and 

housing development, the regulation of open burning is necessary to preserve the enjoyment of 

property by all and to assure that Tribal health, safety and welfare are protected. Under this 

regulation, proven methods and controls will be utilized to minimize air impacts from permitted 

burning. 

This regulation also provides the means for resolving open burning issues when education,

awareness and all other reasonable means have failed.

Additionally, because open burning creates a fire safety hazard, the fire department has been 

partnered into the permitting process to facilitate more efficient responses to fire calls. 

76
Sec.

1.1 Definitions 

1.2 Prohibitions

1.3 Burning Allowed by Permit Issued by Environment Division 

1.4 Burning Without a Permit Allowed 

1.5 Burning Permits 

1.6 Enforcement 

1.7 Burn Bans

1.8 Penalties/Fines 

1.1 Definitions.

(1)Solid Waste. Any garbage, or refuse, sludge from a wastewater treatment plant, water 

supply treatment plant, or air pollution control facility and other discarded materials, 

including solid, liquid, semi-solid, or contained gaseous material resulting from

industrial, commercial mining, and agricultural operations, and from community 

activities. For the purposes of hazardous waste regulation, a solid waste is a material that 

is discarded by being either abandoned, inherently waste-like; a certain military 

munitions, or recycled. 

Includes refuse, or all waste material, including but not limited to, garbage, rubbish, 

incinerator residue, street sweepings, dead animals and offal. 

Includes rubbish, defined as, solid or liquid waste material, including but not limited to, 

paper and paper products; rags; furniture; cans; crockery; plastics; cartons; chemicals; 

paint, grease; sludge; oils and other petroleum products; chemically treated wood; 

demolition materials; tires; and automobiles and other vehicles and parts, for junk, 

salvage or disposal. Rubbish shall not include food garbage, incinerator residue, street 

sweepings, dead animals or offal. 

(2)Food Garbage. The animal and vegetable waste resulting from the handling, 

preparation, cooking and serving of food. 

(3)Open Burning. Any outdoor fire or outdoor smoke producing process from which air 

contaminants are emitted directly into the outdoor atmosphere. Includes burn barrels, or

any other device used to burn solid waste, food garbage, municipal solid waste or 

hazardous waste. 

(4)Enclosed Burning. Any fire that takes place within the confines of an enclosed 

structure. Does not include combustion reactions contained in an enclosed device where 

controls are used to maintain efficient combustion and reduce emissions.

77
(5)Open Dump. Any management facility or site on Mohawk land where Municipal 

Solid Waste, solid waste, and/or hazardous waste has been disposed of, which is not a 

sanitary landfill authorized under this Tribal Solid Waste Plan. This term does not 

include any part of a farm on which only animal or vegetable wastes resulting from the 

operation of such farm are deposited. 

(6)Municipal Solid Waste. A subset of solid waste that is defined as durable goods (e.g. 

appliances, tires, batteries), non-durable goods (e.g. newspapers, books, magazines) 

containers and packaging, food wastes, yard trimmings, and miscellaneous organic 

wastes from residential, commercial, and industrial non-process sources.

(7)Hazardous Waste. Any solid waste that: 

(a)Because of its quantity, concentration, or physical, chemical, or infectious 

characteristics, may either cause or significantly contribute to an increase in 

mortality or serious irreversible or incapacitating illness, or pose a substantial 

present or potential hazard to human health, living organisms, or the environment 

when improperly handled, treated, stored, transported, or disposed of; or 

(b)Is specifically defined to be hazardous or toxic, including but not limited to any 

substance, material, smoke, gas, particulate matter, or combination thereof 

containing asbestos, petroleum or its byproducts, or Polychlorinated Biphenyls 

(PCBs); or 

(c)Is hazardous, toxic, ignitable, reactive, or corrosive, and that is defined and 

regulated as such by the Tribe. 

(8)Household Hazardous Waste. Any waste substance, material, smoke, gas, particulate 

matter or combination of that is Hazardous Waste discarded by households.

(9)Planned burn. Burning set or supervised by a Public Official in the performance of 

official duties. 

(10)Director. The Director of the SRMT, Environment Division or his delegee. 

1.2 Prohibitions. 

(1) Except as may permitted by Section 1.3 and upon obtaining a burn permit, no 

entity shall burn, cause, suffer, allow or permit the burning in an open or enclosed fire: 

(a) of solid waste; 

(b) of food garbage;

(c) of municipal solid waste; 

(d) of hazardous waste; 

(e) of household hazardous waste;

78
(f) of refuse at a refuse disposal area (See Tribal Solid Waste Plan);

(g) of rubbish for salvage; 

(h) of rubbish generated by residential activities as a means of on-site 

disposal; 

(i) of rubbish generated by industrial or commercial activities other than 

agricultural as a means of on-site disposal; 

(j) of rubbish generated by land clearing or demolition for the erection of any 

structure; for the construction or modification of any highway, railroad, 

power or communication line, or pipeline; or for the development or 

modification of a recreational area or park; 

(k) Broadcast Fire, an area with continuous fuel cover, including but not 

limited to hayfields, crop-fields, grasslands, and lawns; 

(l) of refuse during an air pollution episode, in an area for which such air 

pollution has been designated. The Environment Division will, from time

to time, inform the Community of air pollution episodes to which this 

section applies; or 

(m) of tires for any reason, including night-time shoreline fishing. 

(2) Creation of Nuisances Not Allowed. No entity may cause the emission, from any 

source whatsoever, of air pollutants, contaminants or other substances that cause injury or

detriment to any person, persons, property or the public, nor may any entity cause or 

contribute to emissions that create or constitute a nuisance. 

1.3 Burning Allowed by Permit Issued by the Environment Division. Burning in an open 

fire is allowed as follows only in accordance with a permit issued by the Director after written 

application as provided in Section 1.5 of this regulation, provided it is not contrary to other 

Tribal law: 

(1) Land Clearing Materials. Burning of organic, non-hazardous material generated 

by land clearing or demolition; for the construction or modification of, including but not 

limited to, any highway, railroad, pipeline, or power or communication line; or for the

development or modification of a recreational area or park; provided that such burning is

done on-site or at an appropriate designated burning area; 

(2) Community Burning Allowed by Permit. Burning of yard wastes consisting of

trees, tree trimmings, leaves, and brush; 

(3) Specifically Designated Burning Areas. Burning at an appropriate designated 

burning area serving the community, of tree trimmings, leaves, or lawn and garden debris 

in areas of the reservation to be designated by the Director. 

(a) Residents’ Request. The Director will consider whether to designate such 

an area only after receiving a request by residents of the area within which such 

burning would be conducted. The request must include a general description of 

the geographical boundaries of the area, the names of all residents within 1⁄2 mile; 

79
the material to be burned; the proposed control methods; and the reasons why 

burning in an open fire should be allowed in such area; 

(b) Such designation, if made, shall be by rule or regulation adopted in 

accordance with Tribal Emergency Pollution Authority Resolution # 89-34. In 

designating such an area, the Director will set forth any conditions deemed

appropriate to protect Tribal health, safety and welfare; 

(c) The Director shall, from time to time, review air pollution safeguards in 

each designated area to determine whether the designation should be rescinded. 

(4) Burning at an appropriate designated site of toxic, explosive, or dangerous 

materials; provided that such burning is done only in accordance with a permit that will 

be issued by the Director after written application. Such permit may only issue after the 

Director determines that there is no other safe or economical method of disposal. Such 

permit will be for a specific period and shall contain such conditions as are deemed 

necessary in the interest of health or safety. 

(5) Planned Burns. Outdoor Open Burning Permits are required for Planned Burns set 

or supervised by a Public Official in the performance of official duties. Such Planned 

Burns include those that are set:

(a) For the purpose of weed abatement; 

(b) For the prevention of fire hazard; 

(c) For the purpose of disease and pest prevention; 

(d) Fires that are necessary for the training of governmental officials in criminalenforcement. 

1.4 Burning Without a Permit Allowed. Outdoor Open Burning Permits are not required 

for the following (Prohibited materials, Sec. 1.2, may not be used to start or fuel fires): 

(1) The cooking of food; 

(2) The providing of warmth for human beings; 

(3) Fires for recreational purposes; 

(4) Fires for religious or ceremonial purposes; 

(5) Orchard heaters for the purpose of frost protection in farming or nursery 

operations. 

(6) Fire for fire department and criminal enforcement training. 

(7) Emergency control fires. 

1.5 Burning Permits. All open burning activities requiring a written permit must be

obtained from the SRMT, Environment Division prior to burn activity. The Environment 

Division Offices are open from 8:00-4:00, daily, except legal holidays. There is no 

charge for permits issued to individual residences or agriculture. Business and 

commercial permits are $50.00 U.S. dollars payable at the time of issuance. 

80
(1)Burning Permit Applications. An application for a burning permit shall include the

reasons why such burning should be permitted and such other information as may be

required by the Director to insure that such burning will be unlikely to result in the 

violation of Tribal air quality standards or to cause unreasonable air pollution. Burning 

Permit Application forms are available from the Environment Division, and at the Tribal 

Offices. 

(a)If the Director approves such application he will issue a permit that shall be for 

a specified period and shall contain such conditions as are deemed necessary to 

prevent unreasonable air pollution and the contravention of Tribal air quality

standards. 

(2)Revocation of Permit. The permit may be revoked by the Director if there is: 

(a) failure to comply with its conditions; 

(b) a violation of Tribal law in connection with the burning; 

(c) the burning creates a public nuisance; or 

(d) the burning is found to cause or contribute to a contravention of Tribal air 

quality standards. 

(e) High fire danger as determined by the Environment Division by humidity, 

temperature, precipitation and other factors. 

(3)Right to a Hearing. Before revocation of a permit, the permittee shall have the right to

be heard; but where, in the opinion of the Director, prompt action is necessary because of 

danger to the public health or safety, or to prevent serious air pollution, the permit may be

suspended pending a hearing. In the event that the Director is required to revoke a permit

without a hearing, he/she will explain to the permittee, in writing, the reasons supporting

such immediate action; 

(4)All Burning Permits are valid for dates specified on permit. 

(5)Three (3) copies of the permit will be made: 

(a)the original will be kept by the Environment Division; 

(b)a copy will be retained by the permittee for the duration of the permitted burn 

and must be made available at the burn site upon demand by appropriate officials; 

(c)a copy will be forwarded to the Hogansburg Akwesasne Volunteer Fire 

Department. 

(6)All permits for burns will have conditions that must be met otherwise the burn must

not be set or must be extinguished. All permitted burning activities must conform to the 

guidelines that are issued with the permit. 

1.6 Enforcement. In concert with community values, efforts to educate people with regard 

to the many hazards associated with open burning and the benefits of proper waste 

disposal to the greatest extent possible will be made prior to initiating enforcement 

81
actions. It is only when education, awareness or any other reasonable means to prevent 

prohibited open burning activities have failed that enforcement will be considered.

The provisions of this ordinance shall be enforceable by the SRMT Environment

Division, the St. Regis Mohawk Tribal Police Department, and delegated Conservation 

Officers and/or Peacemakers in accordance with rules and regulations promulgated by the

Environment Division. Such rules and regulations shall include as a last resort provisions 

for the imposition of civil penalties, and/or injunctive relief in the event of noncompliance with this regulation. 

(1) Procedures. Procedures for bringing about a violation of this ordinance shall follow 

those established by the SRMT for investigations, summons, and appearance before the 

Court. 

1.7 Burning Bans. The SRMT retains the authority to declare burning restrictions. 

1.8 Penalties/Fines. Financial penalties and fines and/or other form of penalty, such as

restitution, may be levied by the Tribal Court against those who violate any section of 

this ordinance. Penalties and fines will be assessed according to the Tribal Court. 

82
Appendix K-TCR2003-06 

Appendix A-Tribal Burn Regulation-TCR2002-59 

83
84
85
86
Appendix L-TCR2001-04 

87
88
Appendix M-TCR2001-26 

89
90
Appendix N- Safety and Civil Obedience Plan 

91
AN ACT RELATING TO MAINTAINING THE PEACE, WELL-BEING

AND SAFETY OF THE COMMUNITY 

TITLE: SAFETY AND CIVIL OBEDIENCE CODE 

PURPOSE: 

The purpose of this act is to ensure the safety and well-being of the Mohawk 

Community and to maintain the peace on the St. Regis Mohawk Indian Territory

and to protect the health, safety, and welfare of both the members of the St.

Regis Mohawk Tribe and the general public within the territory, and to prescribe 

conduct which unjustifiably and inexcusably causes or threatens to cause 

substantial harm to individuals or public interests. 

DEFINITIONS: 

There are no words or phrases in this Act that require further elaboration than

what is provided for in this act. 

JURISDICTION: 

The St. Regis Mohawk Tribal Police are hereby authorized and given jurisdiction 

within the external boundaries of the Mohawk Territory to respond to complaints, 

requests for assistance, reports of problems and/or any other type of inquiry 

reasonably related to their official duties as police officers. 

The St. Regis Mohawk Tribal Police are hereby authorized to investigate and 

inquire into any and all situations including, but not limited to, incidents of

domestic disputes and disturbances, harassment, disorderly conduct, trespass, 

disturbance of the peace, dangerous animals, feral animals, medical 

emergencies, motor vehicle accidents, dangerous or noxious materials, littering 

and the profusion of garbage or trash, assaults, public congestion, alleged 

criminal conduct, illegal alien reports. Provided further: The St. Regis Mohawk 

Tribal Police may respond to any and all complaints, reports, requests or 

incidents which have or may have any effect, directly or indirectly, on the health, 

safety or well being of the St. Regis Mohawk Community. 

OFFENSES: 

The following acts engaged in by any person(s) or organization shall constitute a 

violation of this act: 

ARTICLE 1: 

(A) Domestic Dispute/Disturbance: Any conduct resulting in the disruption of 

the family unit evidenced by the verbal or physical abuse of one family member

toward another family member, including extended family, minors and infants.

92
(B) Harassment: Intentional conduct which harasses, annoys or alarms another 

person, which in character or circumstances involves striking, kicking, subjecting

another person to unconsented physical contact or attempts or threatens to do 

same, or conduct involving repeated acts which alarm or annoy another and 

which serve no legitimate purpose. 

(C) Disorderly Conduct: Verbal or physical conduct intending to cause public or

individual inconvenience, annoyance or alarm by means of violent, tumultuous, 

or threatening behavior, unreasonable noise, abusive or obscene language or 

gestures, impeding vehicular or pedestrian traffic, disruptive public congregation,

failure to comply with lawful police orders, creating hazardous or physically 

offensive condition by any act serving no legitimate purpose. 

(D) Trespass: Conduct wherein a person knowingly enters and remains 

unlawfully in or upon premises 

(E) Dangerous and/or Feral Animals: The inadequate, improper, negligent or 

abusive care and maintenance of domestic or Feral animals that adversely effect

or threatens to adversely effect the health, safety or well-being of individuals or 

the community at large. 

(F) Disturbing the Peace: Intentional conduct which in character or 

circumstances results or threatens to result in the disruption of the general peace 

and quiet enjoyment of individuals or the public in their privacy and properties, or 

which results or threatens to result in causing unlawful assembly. 

(G) Dangerous or Noxious Materials: Any negligent or inadequate use, storage 

or disposal of dangerous or noxious materials or substances that effect or may 

affect the health, safety or general well-being of individuals or the community. 

(H) Littering: The unlawful disposal or dumping of trash or unwanted materials in

or upon public or private lands or roadways. 

(I) Profusion of Garbage or Trash: The inadequate and/or improper 

containment or storage of common garbage, trash or debris generated from the 

day by day household business or commercial activities of an individual, family or 

organization1 

PROCEDURE:

1. Authorized Enforcement Agency: The St. Regis Mohawk Tribal Police 

are the only Tribal entity authorized to execute and enforce this Tribal

Code. 

2. Procedure on Violation: Any person charged with violating a provision(s) 

of this act must first be advised of their conduct giving rise to the violation. 

After being so advised, the violator will be issued a Civil Disobedience 

summons in the form prescribed by the St. Regis Mohawk Tribal Police 

Commission. The summons must contain at a minimum sufficient detail to 

advise the violator of the exact provision of this Code which was allegedly 

violated, the date and time of the violation, an exact date and time the 

93
violator must appear at the Peacekeepers Court, Civil Disobedience 

Division. 

3. Right to Long Form Complaint: Prior to a person’s initial appearance 

before the Court, a violator may request a long form Complaint from the 

complainant officer 

a) the long form complaint provided for in this section must contain

sufficient factual allegations in narrative form, describing with 

sufficient detail the violator’s conduct alleged to have been engaged 

in which constituted a violation of this Code. Such complaint shall be

sworn to or affirmed under penalty of perjury. 

4. Hearing upon the Filing of Civil Disobedience Summons and/or Long 

Form Civil Disobedience Complaint: The Peacemakers Court, Civil 

Disobedience Division shall be the arbiter of all summons and complaints

filed under the act. 

(A) Peacemakers Court, Civil Disobedience Division: 

The Peacemakers Court Civil Disobedience Division shall be comprised of 

two (2) members of the St. Regis Mohawk Tribe who shall sit as 

Peacemakers. 

1. Initial composition (effective 2000, to July 2003) 

The initial arbiters on the Peacemakers Court Civil Disobedience 

Division shall be appointed to the position upon majority vote of the 

St. Regis Mohawk Tribal Council. Said arbiters shall serve until July 

2003, at which time the positions shall be posted for election at the

annual June election of the Tribe, and said positions shall be voted 

upon by members of the St. Regis Mohawk Tribe. Removal of either 

of the appointed Peacemakers of the Peacemakers Court Civil

Disobedience Division can only be done by unanimous consent of 

the elected Tribal Chiefs AND Sub-Chiefs of the St. Regis Mohawk 

Tribal Council. 

2. Composition (effective July 2003) 

There shall be elected from the membership of the St. Regis 

Mohawk Tribe two persons to serve as Peacemakers of the 

Peacemakers Court Civil Disobedience Division. Each shall serve a 

term of three years. Eligibility to hold this position, and removal from 

office, shall be made pursuant to the established rules, ordinances,

resolutions, and customs of the St. Regis Mohawk Tribe for the 

election of Tribal officials.

(B.) Compensation: 

94
Persons elected to this position shall be entitled to monetary compensation

set by the St. Regis Mohawk Tribal Council. 

(C) Hearing and deciding a summons and/or long form complaint filed 

pursuant to this Act: 

1. Order of presentation.

The complainant, after being administered an oath by the 

Peacemaker, shall be the first to address the Peacemakers Court 

Civil Disobedience Division. The complainant shall describe to the

Peacemaker the violation of this Act and the conduct engaged in 

which resulted in the person violating this act. The complainant may 

also submit additional relevant evidence to support the charge(s).

Upon finishing this presentation, the alleged violator shall then be 

given the opportunity to rebut the evidence presented in support of 

the summons and/or long form complaint, and the presentation 

made by the complainant. 

2. Burden of Proof.

It is the burden of the complainant officer to prove by a 

preponderance of evidence, the allegations made in the summons 

and/or complaint. 

3. Evidentiary issues.

The Peacemaker is free to accept or deny the presentation of any 

relevant material evidence or testimony to be presented to the 

Peacemakers Court Civil Disobedience Division by either the 

complainant officer or the alleged violator. 

4. Decision Making.

The Peacemaker shall make a determination only after an adequate 

period of time to review all the material before him or her and upon 

testimony given to him or her. The Peacemaker shall then make a 

determination either written or orally to the complainant and the 

alleged violator. 

4a. Determination in favor of Complainant Officer 

After making this determination the Peacemakers Court Civil

Disobedience Division may assess a monetary judgment,

within the parameters provided for in this act, upon the violator 

and based solely upon the evidence before it. 

The violator has the opportunity to appeal this decision to the

St. Regis Mohawk Tribal Council by delivering within thirty 

days to the St. Regis Mohawk Tribal Council a copy of all

95
papers before the Peacemakers Court Civil Disobedience

Division including a receipt evidencing the satisfaction of 

judgment.

4b. Determination in favor of the violator. 

After making this determination the Peacemaker shall so

advise the violator that the evidence is insufficient to find 

against him or her and the violation is unfounded. The 

complainant has no right to Appeal this decision to the St. 

Regis Mohawk Tribal Council. 

4c. Dismissal determination. 

The Peacemaker, upon grounds which he or she must include 

in written form and –make part of the record, may dismiss a 

summons and/or long form complaint on its own motion for

reasons therein stated. Either party may appeal this

determination. 

(D) Issuance of Determination of Judgment: 

The Peacemaker Court Civil Disobedience Division, after making its 

determination, shall cause to be provided to the violator and complainant a 

written copy, or if done orally, a spoken directive, of its determination. If the 

determination is against the violator, and requires the payment of a 

monetary amount to satisfy the judgment, the Peacemakers Court Civil 

Disobedience Division shall so advise the violator of said amount and the 

means upon which to satisfy the judgment. 

(E) Satisfaction of Judgment: 

A violator upon whom a determination of judgment has been issued, which 

requires the payment of a monetary amount, shall cause to be paid the 

amount of judgment to the Peacemakers Court Civil Disobedience 

Division, Upon the receipt of these monies, the Peacemakers Court Civil 

Disobedience Division shall cause to be delivered to the violator a receipt 

which at a minimum acknowledges the receipt of the monetary amount, it 

shall also clearly indicate if any balance is due and owing. Upon the full

payment of judgment, the Peacemakers Court Civil Disobedience Division 

shall cause to be attached to the receipt a Satisfaction of Judgment 

Statement signed by a Peacemaker. 

Nothing in this Act should be construed as preventing a violator, upon

whom a summons and/or long form complaint has been issued, from 

advising the Peacemakers Court Civil Disobedience Division of their intent

to waive the opportunity for a hearing before the Peacemaker, and consent

to the Peacemaker to set the amount of judgment to be paid by the 

violator, Such a waiver shall be in the form of a no contest submission in

writing. 

96
(F) Failure to satisfy judgment, or if applicable, judgments: 

Should a violator fail to satisfy a judgment lawfully issued by the 

Peacemakers Court Civil Disobedience Division, the St. Regis Mohawk 

Tribal Council shall, by written notice, notify the violator that the St. Regis 

Mohawk Tribal Council is pursuing their claim against the violator by all

lawful means available to the St. Regis Mohawk Tribe. 

(G) Alternative Civil Judgment and Sentencing: 

After presentation of a matter pursuant to the above procedure and aster 

the peacemakers Court Civil Disobedience Division, has made its decision,

in appropriate circumstances a request can be made by the presenting 

officer or the respondent violator for an alternative sentence of counseling,

rehabilitation, treatment or community service. 

If such request is made the Peacemakers Court Civil Disobedience 

Division shall make a factual determination on the record whether such 

alternative is appropriate or not. If such alternative is found appropriate 

then any fine imposed shall be suspended and an appropriate alternative 

sentence of counseling, rehabilitation, treatment, or community service 

may be imposed and monitored by the Court. Written evidence of

successful completion of any alternative sentence shall be required and

upon receipt the Judgment of the Peacemakers Court Civil Disobedience 

Division shall be deemed satisfied. 

MONETARY JUDGMENT 

Upon a finding by the Peacemaker’s Court Civil Disobedience Division that a 

person violated one or more applicable provisions of this Act a Peacemaker is 

hereby authorized to levy a civil monetary judgment against such violator in an

amount of at least fifty ($50.00) dollars but in no case more than two hundred fifty 

($250.00) dollars. 

AMENDMENTS 

This act may be amended pursuant to the regulatory procedures of the St. Regis

Mohawk Tribe at any time the Tribal Council deems such amendments to be 

necessary for the proper function of the governmental and administrative entities 

of the Tribe. 

97
Appendix O-Press Release of Formation of MANE-VU 

98
FOR IMMEDIATE RELEASE For additional information, contact: 

Tuesday, July 24, 2001 Bruce S. Carhart 

 (202) 508-3840 

IMPROVED VISIBILITY IS FOCUS OF NEW EFFORT BY STATES AND TRIBES IN MIDATLANTIC AND NORTHEAST REGION 

(Newport, Rhode Island) Eleven States, the District of Columbia, and two Indian Tribes, today 

announced they would work together to reduce regional haze, which adversely affects national 

parks and wilderness areas. The newly organized Mid-Atlantic/Northeast Visibility Union 

(MANE-VU) will address the causes of regional haze and ways to reduce related pollutants,

thereby improving visibility in the atmosphere. 

 “Regional haze is a major air quality problem in our region,” stated Christopher Recchia, new 

Chair of the organization and Deputy Commissioner of the Vermont Department of 

Environmental Conservation. “Improving visibility by reducing air pollution will have public 

health and economic benefits as well as improving scenic vistas.” 

Regional haze limits visibility in the most scenic areas of the country, as well as in urban

areas. It is caused by fine particles suspended in the air that at high concentrations can cause 

significant detrimental human health effects. Sources of pollution contributing to regional haze 

include burning of fossil fuels and emissions of volatile organics. Current data suggests that the

pollutants that cause regional haze can be transported long distances over State and Tribal 

borders, thereby making regional cooperation essential. The pollutants that cause regional haze

are also linked to other regional air pollution problems, such as ground-level ozone, acid and 

nutrient deposition, as well as fine Particles. MANE-VU has been established to support its 

members as they address the requirements of the Federal regional haze rule, finalized in 1999, to 

improve visibility at national parks and wilderness areas. 

As a Section of its first meeting, MANE-VU released a new report, entitled “A Basis for 

Control of BART-Eligible Sources,” produced by the Northeast States for Coordinated Air Use 

Management (NESCAUM) to support MANE-VU. In this report, NESCAUM analyzes 

potential sources of air pollution which may contribute to regional haze in the Mid-Atlantic and 

Northeast region, and which could be the subject of a rule proposed by the U.S. Environmental 

Protection Agency (EPA) to reduce emissions from such sources. The report can be found at 

www.nescaum.org. 

 Participating State and Tribal members include Connecticut, Delaware, the District of 

Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 

Pennsylvania, the Penobscot Indian Nation, Rhode Island, the St. Regis Mohawk Tribe, and 

Vermont. Participating Federal members include the U.S. Environmental Protection Agency, 

National Park Service, U.S. Fish and Wildlife Service, and U.S. Forest Service. 

 

99