# St. Regis Mohawk Tribe Tribal Implementation Plan

Developed for: St. Regis Mohaw k Tribe By the SRMT Environment Division Air Quality Program

Date: February 2004 Revision: 003

### Table of Contents

Declaration of Policy Section 1.0.......Organiz ational 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 Stan dards Section 10.0......Emissions Inventory
Section 11.0......General Permit R e quirements
Section 12.0......Permits for Minor Facilities Section 13.0......Synthetic Minor F a cilities
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 Haz e Planning Section 21.0......Reports

Appendix A-Notice of Public Comment Appendix B- TCR99-43 Appendix C- TCR89- 19 Appendix D-TCR89-3 4 Appendix E-TCR2002-183 Appendix F-Eligib ility Det ermination September 19, 2000 Appendix G-Eligibility De termination May 25, 2001 Appendix H-Eligibility De termination 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 Ci vil Obe d ience Plan Appendix O-Press Release Announcemen t of Formation of MANE-VU

2

### Declaration of Poli cy

It is de cla r e d to be the policy of th e St. Regis Mohawk Tribe (SRMT) to m a intain a reasonab l e degree of purity of Tribal Air Resources, which sh all b e consistent w ith the pub lic health and welfare and the public enjoym ent thereof, the industrial developm ent of the Rese rvation, the propagation and protection of flor a 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 m e thods 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 m a xim u m of cooperation am ong a l l parties concerned and that rules and regulations established under the provisions of this Plan should be clearly prem ised upon scientific know ledge of causes as well as of the facts.



### Section 1.0 St. Regis Mohaw k Tri be (SRMT) Organiz a tional Structure

A Q S p e c ia lis t
A Q T e ch n i ci a n SR M T Ai r Qua l i t y Pr o g r a m AQ Pr o g r a m M a na ge r S R MT E n v

. Di v i si o n E n v

. D i v i si o n Di r e cto r

S R MT P o l i ce O f f i ce r S R MT Co n s e r v a t i o n O f f i ce r s S R M T T r ib al P o lic e T r ib al P o lic e C h ie f P e ac em ak ers C o u r t
Ci v i l Di so b e d i e n ce D i v i si o n S t. Re g i s Mo h a w k T r i b e T r i b a l Co u n ci l



### Section 2.0 Legal Authority 2.1 Purpose 2.2 Applicability

2.1 Purpose

It is the pu r pose of th is TIP to saf e guard the air resources of the Trib e from pollution by: (1) controlling or abating air pollution which shall exist when this Plan sha ll be ena c te d; and (2 ) preventing new air pollution, under a program which sh all be consistent with the declaration of policy s t ated below and in accordan ce with the p r ovisions of this Plan.

Tribal Coun cil Resolu tion, TCR 99-43, was signed on Decem ber 3, 1999 (Appendix B). TCR 99-43 expressly states that the Trib e authorizes the SRMT’s Ai r Quality Progr am to subm it application s for federal assis t ance and to rece ive delegation of the federal CAA authority, as allowed by law under the CAA of 1970 and Amendm en ts to the act thereafte r. Furtherm ore, 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 becom e 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.

32.2 Applicability

On Septe m ber 19, 2000 (appendix F ) , May 25, 2001(appendix G), and March 5, 2003 (appendix H) letters signed by the Regiona l A d m i nistr a tor f

o r the US Environm ental Pro t ec tion Agency (US EPA) announced the approval for the St. Regis Mohawk Tribe’s request for Eligibility Determination for the St. Regi s Mohawk Tribe for Treatment in the Same Manner as a State
Under the C l ean Air Act . In the letter, the US EPA Regi on 2 Office of Regional Counsel (ORC)
and the Division of Environm ental Planning and Protec tion ( D EPP) deter m ined the SRMT m e t the criteria at 40 CFR 49.6;

(1)The applicant is an Indian Tribe rec ognized by the Secretary of the Interior; (2)The Indian Tribe has a governing body carry ing out substantial governm e ntal duties and functions; (3)The functions to be exercised by the I ndian Tribe pertain to the m a nage m e nt and protection of air resources with in the exterior bounda ries of the reserva tion or other areas within the Tribe’s jurisdiction.

The Indian Tribe is reasonably exp ected to be capable, in the EPA Regional Administra tor’ s judgm ent of carrying out the functions to be exer cised in a m a nner consistent with the term s 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 res earc h, analy s is and edu cation a l ou treach to th e Mohawk community. The SRMT Air Quality Progr am has incre a sed 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 priv ate funding. At tim es, the Air Quality Program also cooperates with public and priv ate ins titu tion s to finance research activities. W h en appropriate, the Air Q u ality Program is suppl em ented by the SRMT Environm e n t Division, which is currently staffed with 21 employees.

The Air Quality Prog ram em ploys thr ee techn i cia n s and one program m a nager. The educational background ranges from Bachelors of Science to a Masters degree. Each technician is crosstrained to perform monitoring for Atm o sphe ric Deposition, Polychlorinated Biphenyls, Polycyclic Arom atic H ydrocarbons, Sulfur Dioxid e, Nitrogen Oxides, heavy m e tals, Particulate Matter and styrene. Cross-trai n i ng each techn i cian preven ts data gaps should one technician be

out of the off i ce. All equipm ent used f o r m onitoring is owne d by the Air Quality Pro g ram and is

m a intained and calibrated on-site.

4Support staff for the Air Quality Program incl udes two Conservation Of ficers, Environm ental Lawyers, an on-site legal adviso r, technical support through the Tribal Ai r Monitoring Center, Las Vegas, and m a intenance personnel.

3.2 Applicability

The SRMT Air Quality Program reserves the ri g h t to apply for additional CAA Section 105/103 grants and expand its re sources as necessa ry to conduct research, inve stigations, experim e nts,
dem onstrations, surveys and/or studies relating to the causes, effects

, extent, p r evention and control of air pollu tion within the exterior bounda ries 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 w ithout the invalid Section.



### Section 5.0 Definitions 5.1 Purpose
5.2 Definitions

5.1 Purpose

As used in this TIP, a l l term s not de f i ned here in will h a ve the m eaning given th em in the CAA (42 U.S.C. 7401 et seq., as am ended 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

Administra tor m eans the Adm i nistrator of the Envir onm ental Pro t ectio n Agency (EPA) or an authorized represen tativ e

. Air Quality Program means the legal body within the S t . Regis Mohawk Tribe, E nvironm ent
Division.

Area source m eans any sm all residential, governm e ntal , ins titu tional, comm er cial, or industrial

fuel com bus tion operations; onsite solid waste dispos al facility; m o tor vehicles, aircraft vess els, or other transportation facilitie s or other m i scellaneous sources identified th rough inventory techniques sim ilar to those described in th e “AEROS Manual series, Vol. II AE ROS User’s Manual,” E P A-450/2-76-029 December 1976.

Begin actual construction m eans, in general, initiation of physical, on-site construction, reconstruction, or m odification activ ities on an em i ssions unit, which are of a perm anent natu re. Such activ ities includ e, b u t are no t lim ited to, installation of building supports and foundations, lying of underground pipe work, and constructi on of per m anent storage structures. Such
activ ities do not includ e s ite clearing and grading or enteri ng into binding agreem ents or contractual obligations. W ith re spect to a change in m e thod of operating, this term refers to

those on-s ite activ ities, o t her th an pre p arato r y activitie s, which m a rk the initiation of the change. Owners or operators that undertake these activitie s prior to obtaining any required perm its do so at their own risk; a perm it m a y not be issued or m a y not contain the term s the applicant desires.

5Compliance schedule m eans the date or dates by which a source or category of sources is requir e d to com p ly with specif i c e m ission lim itati ons contained in an im ple m entation plan and with any increm ents of progr ess toward such compliance.

Construction m eans fabrication, erection, or installation of an em ission facility, em issions unit, or stationary source. Constr uction also includes excavation, bl asting, removing rock and soil,
and/or backf illing unless the adm i nistrator d eem s these activ ities to be of m i ni m a l cost, do not significan tly alter the s i te, and are no t perm anent in nature. Construction does not include site clearing or grading.

Control stra tegy m eans a com b ination of m easures des i gnated to achiev e the aggreg ate redu ctio n of e m issions necessary for attainm e nt and m a in tenance of national sta ndards including, but not

lim ited to, m easures such as:

(1) Em ission lim itations. (2) Federal or Tribal em ission charges or taxes or other econom ic incentives or
disincentives. (3) Closing or relocation of residential, comm ercial, or i ndustrial facilities. (4) Changes in schedules or m e thods of operati on of commercial or industrial facilities or transportation system s, incl uding, but not lim ited to, short-term changes m a de in

accordan ce with standb y plans. (5) Periodic inspection and testing of mo tor veh i cle em ission control sy stem s. (6) Em ission control m easures applicable to in-use m o tor vehicl es, including, but not

lim ited to, m easures such as m a nda tory m a intenance, installation of e m ission control devices, and conversion to gaseous f u els. (7) Any transportation control m easure includi ng tho s e transpor tation m easures lis ted in section 108(f) of the CAA as am ended. (8) Any variation of, or alternativ e to any m easure delineated herein. (9) Control or prohibition of a fuel or fuel additive used in m o tor vehicles, if such control or prohib ition is necessary to ach ieve a natio n al prim ary or secondary air quality standard and is approved under section 211(4) of the Act.

Criteria pollutant m eans any of the following: sulfur dioxide, particulate m a tter, nitrogen oxides, carbon m onoxide, ozone, lead, and any ot her pollutants for which national ambient air quality stan dards have b een estab lis hed in Plan of Federal Regulations, title 40, p a rt 50, as

am ended, or for which tribe am bient air quality st andards hav e been estab lished in Section 9.0.

De minimis facility m eans a facility that (1) m eets all of the following de m i nim i s criteria: (a) has actual em issions of 19.9 tons per y ear or less of each criteria pollutant, or

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

com b ined HAPs; (b) is no t a “m ajor source” as defined in 40 CFR Section 71 ; or (c) is no t op erated in conjunction with another f a cility or so urce that is subjec t to air qua lity p e rm itting; o r (2) is no t su bject to the f e de ral NSPS, 40 CFR Pa rt 60; or (3) is not subject to the NE SHAP, 40 CFR Parts 61 and 63.

6Emission limitation an d emission standard m ean a requirem e nt established by the SRMT Air Quality Pro g ram which lim its the quantity, rate , or concentration of emissions of air pollutan t s on a continuous basis, including any requirem e nt s which lim it the level of opacity, prescribe equipm ent, set fuel sp ecifications , or prescribe operation or m a in tenance procedures for a source

to assure continuous em ission reduction.

Excess emis sions m eans em issions of an air pollutant in excess of an e m ission standard.

Existing facility m eans an em ission facility at which c onstruction, m odifi cation, or reconstruction
was commenced before the effective date of the a pplicab le T r ibal air po ll ution control rule.

Fossil fue l

- f

ired steam g e nerator m eans a furnace or boiler u s ed in the process of burning fossil fuel for the prim ary purpose of pr oducing steam by heat transfer.

Fugitiv e emission m eans em issions of an air contam inant, which could not reasonably pass through a stack, vent, chim ney or othe r functionally equivalent opening.

Hazardous Air Pollutant is any one of the com p ounds listed in 40 CFR Section 61. Note: For all listings which contain the wo rd “com pounds”, and for glycol et hers, the following applies:
Unless oth e r w ise spec if ied, the s e lis tings a r e d e f i ned as including any unique chem ical substance

that contains the nam e d chem ical (i.e., antim ony, ar senic, etc.) as that chem ical’s infrastructure.

Modification m eans any physical change or change in the m e thod of operation of an em issions unit, em issio n f acility, o r stationary s ource tha t re sults in an in crease in the em ission of a regulated air pollutant. Em issions ar e consid ered to increase if there is a n increa se in the ra te of

em issions of any regulated air pollutant, or ne w em issions of a regulat ed air pollutant not previous ly e m itted, f r om any unit a t the source. To de term ine if there is an incre a se in the ra te of

em issions, the Air Quality Program shall com p ar e the pounds per hour of em issions at m a xi m u m capacity before and after the physical or operational change.

New facility m eans an e m ission facility on which cons truction, m odification, or reco nstruction
was commenced after th e effective d a te of the ap plicab le trib al air pollu tion control r u le.

Owner or operator m e ans any person who owns, leases, operates, controls, or supervises a facility, building, structure, or in stallation, which directly or indi rectly result or may result in

em issions of any air pollutant for whic h a national standard is in effect.

Point sourc e m eans the following:

(1)For Particulate m a tter, sulfur oxides, carbon monoxide , volatile organic com pounds(VOC) and nitrogen dioxideAny stationary source the actual em issions of which are in ex cess of 90.7 m e tric tons (100 tons) per year of the criteria pollutant; or

(2)For lead or lead compounds m easured as elem ental lead, any stationary source that actually em its a total of 4.5 m e tric tons (5 tons) per year or more.

Reasonably available control technology (RACT) means dev i ces, systems, process modifications, or other apparatus or techniques th at are reasonably ava ilable taking into account:

7(1)The necessity of im posing su ch controls in or der to a t tain and m a intain a na tional

am bient air quality stan dard; (2)The social, environm e n tal, and eco nom i c im pa ct of such controls; or (3)Alternative m eans of provi ding for attainm e nt and m a intenance of such standard.

Secondary standard means a national second ary am bient air qua lity standard p r om ulgated pursuant to section 109 of the Act.

Stack m eans any point in a source designed to em it solid s, liquids, or gases into the air, including a pipe or duct but not including flares.

Stationary source m eans an assem b lage of all em issions units and em ission facilities that belong

to the sam e industrial grouping, are located at one or m o re contiguous or adjacent properties and
are under the control of the sam e person (or persons under common control). Em issions units or

em ission facilities m u st be considered as part of the sam e industrial grouping if they belong to

the sam e " m ajor group" (that is, which have th e sam e two-digit Plan) as described in the
Standard Industrial Classification Manual.

Transportation control measure m e ans any m easure that is dire cted toward reducing em issions of air pollutants from transporta tion sources. Su ch m easures includ e, but are no t lim ited to, thos e listed in section 108(f) of the CAA.

Variance means the temporary deferra l of a final com p liance date for an individual source subject to an approved regulation, or a tem porary change to an approved regulation as it applies
to an individual source.

Volatile organic compounds (VOC) m eans any com p ound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, m e tallic carbides or carbonates, and ammoniu m carbonate, which participates in atmospheric photochem i cal react ions; any com pounds that EP A

exem pts according to 40 CFR 51.100(s).



### Section 6.0 Public Pa rticipation 6.1 Purpose 6.2 Applicability

6.1 Purpose

The SRMT Air Quality Program is to provide opportunity for public comment on infor m ation

subm itted b y owners and operato rs and will keep the public inform ed of violations and

exceedances

.

6.2 Applicability

(1)The SRMT Air Quality Program is to provide opportunity for public comm e n t on proposed construction or m odification plans, in cluding the agency’s pr oposed approval or disapproval.

Opportunity for public comm ent shall include, at m i nim u m :

8a. Availability f o r public inspection in at lea s t one location in the a r ea af

f

ected of the inf o rm ation subm itted by the o w ner or ope rator and th e agency’s an alysis of th e effect on air quality;
b. A 30-day period for sub m ittal of public comm e n t;

c. A notice by prom inent advertisem ent in the area affected of the location of

the source infor m ation;
d. A copy of the notice required m u st al so be sent to the Adm i nistrator through the appropriate Regional Office. The Air Quality P r ogram shall provide 30 days for EPA review of the proposed perm it prior to final action; and

e. The Air Quality Prog ram will prov ide EPA with a f i nal perm it.

(2)The SRMT Air Quality Program is to pr ovide opportunity for pub lic comm ent on plan revisions and schedule changes.

Opportunity for public comm ent shall include, as a m i ni m u m :

a. Availability f o r public in spection in a t le ast on e location in th e are a by th e plan revision or schedule change;
b. A 30-day period for sub m ittal of public comm e n t;

c. A notice by prom inent advertisem ent in the area affected of the location of

the source infor m ation; end
d. A copy of the notice required m u st al so be sent to the Adm i nistrator through the appropriate Regional Office. The Air Quality P r ogram shall provide 30 days for EPA review.

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

a. Instances o r areas in which any primary s t andard was exceed ed during an y portion of th e preced ing calendar year;
b. Advising the public of the hea lth hazards a sso ciated w ith such an exceedance of a prim ary standard,

c. Increase pu blic awaren ess of m eas ures that can be tak e n to p r eve n t exceedances and ways in which the public can participate in regulato r y and other efforts to im prove air quality.



### Section 7.0 Revisions 7.1 Purpose 7.2 Applicability

7.1 Purpose

The SRMT Air Quality Program m a y revise the pl an f r o m tim e to tim e consistent with the requirem e nts applicable to i m plem e n tation pl ans under 40 CFR Section 51. The Tribe m u st
subm it any revision of any regu lation or any compliance schedul e to the Regional Adm i nistrator no later than 60 days after its adoption by Tribal Council.

97.2 Applicability

The Tribe must subm it with the revision, a certification, that the hearing required by Subsection
6.2 of this Plan was held in acco rdance with the n o tice 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 no rt hern New York, 10 m i les east of Massena, N Y

. It is situated in the north, western most corn er of Franklin County, bordered by St. Lawrence County. It is also divided by the internatio nal boundary of the United States and Canada. Approxim a tely 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) cons ists of approxim a tely 14,600 acres, prim arily unused agricultural land and wetlands. There has been a decline in agri cultural activities over the years due to the negative infl uence of industrial em issions a nd pollution. The rivers had also previously provided a means of incom e through gui de fishing, and fish m a rketing. Since then, industrial pollution has been responsible for the contam ination of the fi sh, to the point that

governm e nt warnings have been lim i ting the consum ption of fish.

8.2 Purpose

The St. Regis Mohawk territory in the past had b een in cluded in the Cha m plain Valley In ters tate Air Quality Control Region 159, “A QCR 159”, ( 40 CFR 81.48). AQCR 159 consists of, in New York State, Clinton Cou n ty, Essex County, Fr anklin County, Ha m ilton County, St. Lawrence County, W a rren County, W a shington County. The St. Regis Mohawk Tribe asserts authority
within th e exterior boun daries of the reserv ati on in acco rdan ce with th e Treaty of Canandaigu a of 1784 and the Treaty with the Six Nations of 1796.

The SRMT Air Quality Program will use the h i stor y of the AQCR 159 to designate its attainm e nt status in regards to the National Ambient Air Quality Standards (NAAQS). Acc o rding to 40 CFR 81.333, Attainm e nt Status Desi gnation in N e w York State, AQ CR 159 m e ets, is better than

or is considered unclassif i ab le according to NAAQ Standards.

Attainm e nt Status Designations
NAAQ Pollutant Attainm e nt Status Designation
Sulfur dioxide (SO2) Bette r than national standards
Carbon m o noxide (CO) Unclassi fiable or in attainm e nt Ozone (O3) Unclassifiab le or in attainm e nt
Particulate m a tter, 10 microns (PM10) Not designated ot her than New York County Nitrogen d i o x ide (NO2) Unclassifiab le or better than national standards

108.3 Applicability

The SRMT Air Quality Program will perf or m am bient monitoring f o r sulf ur dioxide, heav y

m e tals, particulate m a tter (10 and 2.5 m i crons), 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 Oz one 9.6 Fluorid e s 9.7 Heavy Metals

9.1 General

(1) Air qua lity stand a r d s are designed to p r o v ide pro t ec tion f r om the adver s e h e alth

effects of air contam ination and th ey are in tended further to protect and conserve the
natural resources and envir onm ent and to prom ote m a xi m u m comfort and enjoym ent and use of property consistent with the econom i c and social well-being of the community.

(2) The provisions of this sec tion shall apply to all areas wi thin the exterior boundaries of the St. Regis Mohawk Reservation and a ny other areas that the S R MT can show jurisdiction over.

(3) No person shall p e rm it, suf f

e r or allow the em ission of contam inants f r om an

em ission source, which alone or in com b inati on with em issions from other sources cause contravention of air quality standa rds prom ulgated in this S e ction.

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

deleterious substances in concen trations or of such duration th at will affect hum an health or well-being or unreasonably interfere with the enjoym ent of property or unreasonably
and advers ely af f

ect plan t or an im al lif e shall no t be perm itted

.

9.2 Sulfur Dioxide

(1) Definitio n s

(a) Sulfur D i oxide (SO2). A nonflammable, nonexplosive, colorless gas, having a pungent, irritating odor. For the purpose of th is subsection, this term s h all also

include other m a terial that m a y test as sulfur dioxide by the specified m e thod of

m easurem ent.

(b) ug/m 3. Microgram s of contam inant per cubic m e ter of air.

(2) Standa rd s

11(a)Prim a ry ambient air q u ality stand a rd s for sulfur oxides (sulfur dioxide).

(i) The level of the annual standard is 0.030 parts per m illion (ppm ), not t o be exceed ed in a calendar year. The annual arithm etic m e an shall be

rounded to three decim a l places (fracti onal 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 m illion (ppm ), not
to be exceeded m o re than once pe r calendar year. The 24-hour averages

shall be determ ined from successive nonoverlapping 24-hour blocks starting at midnight each calendar day and shall be rounded to two decim a l places (fractional parts equal to or greater than 0.005 ppm shall be rounded up).

(b)Secondary am bient air quality standards for sulfur oxides.

(i) Th e lev e l of the 3-ho ur stand a rd is 0.5 parts per m illion (ppm ), not to
be exceeded m o re than once per calendar year. The 3-hour averages shall

be determ ined from suc cessive nonove rlapping 3-hour bl ocks starting at

m i dnight each calendar day and shall be rou nded to 1 decim a l place (fractional parts equal to or grea ter than 0.05 ppm shall be rounded up).

(3) Mea s ure m ent

For prim ary am bient air standard s

(a) Sulf ur o x ides sha ll be m easured in the ambient air as su lfur dioxide by the

reference m e thod described in 40 CFR Pa rt 50 Appendix A or by an equivalent

m e thod designated in accordance with 40 CFR Part 53.

(b) To dem onstrate attainm e nt, the annual arithm e tic m ean and the second-highest 24-hour averages m u st be based upon hourly data that are at least 75 percent

com p lete in each calen dar quarter. A 24-hour block averag e shall be considered valid if at least 75 percent of the hour ly 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 com puted as the sum of the a v ailable hourly averages using 18, 19, etc. as the di visor. If fewer tha n 18 hourly average s

are av ailable, but the 2 4 -hour av erage would exceed the level of the standard
when zeros are subs titu ted for the missing va lues, subject to the roundin g 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 av erage shall be com puted as the sum of the available hourly averages divided by 24.

For secondary am bient air standards

12(a) Sulf ur o x ides sha ll be m easured in the ambient air as su lfur dioxide by the

reference m e thod described in 40 CFR Pa rt 50 Appendix A or by an equivalent

m e thod designated in accordance with 40 CFR Part 53.

(b) To demonstrate attainm e nt, the sec ond-highest 3-hour average m u st be based upon hourly data that are at least 75 percent co mplete 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, b u t the 3-ho ur average would exceed the level of the standard when

zeros are substitu ted for the m i ssing 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 av erage shall be computed as the sum o f the hourly averages divided by 3.

9.3 Particulate Matter

(1) Definition.

Particulate is any m a tter dispersed in the at m o sphere, whether solid or liquid, in which the individual particles are larger than si ngle m o l ecules (about 0.0002 μ i n diam eter), but

sm aller than about 500 μ. Suspended particul ates range below 10 μ in diam eter. For the purposes of this subsection, th e suspended particulates are as collected and m e asured by

the m e thod specified.

(2) Standa rd s.

(a) Prim ary and secondary am bien t air quality standards for PM10.

(i) The level of the prim ary and s econdary 24-hour am bient air quality standards for particulate m a tter is 150 m i crogram s per cubic m e ter (ug/m 3 ), 24-hour average concentrati on. The standards are attained when the expected num b er of days per cal endar year with a 24-hour average

concentratio n above 150 ug/m 3, as determ ined in accord ance with 40 CFR 50 Appendix J, is equal to or less than one.

(ii) The level of the prim ary a nd secondary annual standards for particulate m a tter is 50 m i crogram s per cubic m e ter (ug/m 3 ), annual

arithm etic m ean. The standard s are a ttained when the expected ann u al

arithm etic m ean concentration, as de term ined in acco rdance with 40 C F R Appendix J, is less than or equal to 50 ug/m 3.

(b) Prim ary and secondary am bien t air quality standards for PM2.5

(i) The standards for PM 2.5 are m e t when t h e annual arithm e tic mean

concentratio n, as determ ined in accordan ce with 40 CFR Part 50 Appendix L, is less than or equal to 15.0

13m i crogram s per cubic meter.

(ii) The 24-hour prim ary and secondar y PM2.5 standards are m e t when the 98th percentile 24 -hour concentratio n, as determ ined in accordance with 40 CFR Part 50 Appendix L, is less than or equal to 65 m i crogram s per cubic meter.

(3) Mea s ure m ent

(a) For the purpose of determ ining atta inm e nt of the prim ary and s e condary standards, particulate m a tter shall be m easured in th e ambient air as PM10 (particles w ith an aerodynam i c diam eter less than or equal to a nom i nal 10

m i crom eters) by the reference m e thod ba sed on 40 CFR Part 50 Appendix J o r designated in accordan ce with 40 CFR Part 53.

(b) For the purpose of determ ining attainm e nt of the prim ary and s econdary standards, particulate ma tter shall be m easured in the ambient air as PM2.5 (particles w ith an aerodynam i c diam eter less than or equal to a nom i nal 10

m i crom eters) by the reference m e thods based on Appendix L of 40 CFR Section

50.

9.4 Nitrogen Dioxide

(1) Definitio n s

Nitrogen dioxide is a reddish-orange-brown gas with a characteristic pungent odor. It is corrosive and highly oxidizing and m a y be phys io logically irritating. NO2 is essential to the production of photochem i cal sm og.

(2) Standa rd s

(a) Prim ary and secondary am bient air quality standards for nitrogen d i oxide.

(i) The lev e l of the nationa l prim ar y am bient air quality standard f o r nitrog en dio x ide is 0.05 3 parts per m illion (10 0 m i crogram s per cubic

m e ter), annual arithm e tic m ean concentration.

(ii) The level of national secondary am bient air quality standard for nitrog en dio x ide is 0.05 3 parts per m illion (10 0 m i crogram s per cubic

m e ter), annual arithm e tic m ean concentration.

(3) Mea s ure m ent

(a) The concentration of NO2 is det e rm ined by the reference m e thod based on 40 CFR Part 50 F and designated in acc ordance with 40 CFR Part 53, or

14(b) An equiv a lent m e thod designated in acco rdan ce with 40 C F R Part 53.

(c) The standards are attained when the annual arithm e tic m ean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decim a l places (fractional parts equal to or greater than 0.0005 ppm m u st be rounded up). To

dem onstrate attainm e nt, an annual mean m u st be based upon hourly data that are at least 75 percent com p lete or upon data de rived from m a nual m e thods that are a t
leas t 75 percent com p lete for the scheduled s a m p ling days in each calendar
quarter.

9.5 Ozone

(1) Definitio n

Ozone can cause irritation of the m u cous m e mbranes, dam a ge to vegetation and

deterioration of m a terials. They affect th e clearance m echanism of the lungs and later
resistance to bacterial infection.

(2) Standa rd s

(a) For 1-hour prim ary and secondary am bient air quality standards for ozone.

(i) The level of the national 1-hour prim ary and secondary am bient air quality standards for ozone m easur ed by a reference m e thod based on 40 CFR Part 50 Appendix D and designate d in accordance with 40 CFR Part 53, is 0.12 p a rts per m illion (235 ug/m3).

(ii) The 1-hour standards set forth in th is se ction will rem a in applicable to all areas notwithstanding the promul gation of 8-hour oz one standard. In addition, after the 8-hour standard has becom e fully enforceable under part

D of title I of the CAA and subje c t to no f u rth e r leg a l cha llenge, the 1-

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

EPA determines tha t the area has air quality m eeting the 1-h our standa rd

. Area designations and classifications w ith respe c t to the 1-h our standa rd s are codified in 40 CFR part 81.

(b) For 8-hour prim ary and secondary am bient air quality standards for ozone.

(i) The level of the national 8-hour prim ary and secondary am bient air quality standards for ozone, m easured by a reference m e thod based on 40 CFR Part 50 Appendix D and designate d in accordance with 40 CFR Part 53, is 0.08 p a rts per m illion (ppm ), daily m a xim u m 8-hour average.

(ii) The 8-h our pr im ary and second a r y ozone ambient air qua lity standard s

are m e t at an am bient air quality m o n itoring site when the average of the

15annual fourth-highest daily m a xi m u m 8-hour average ozone concentration is less than or equal to 0.08 ppm

.

9.6 Fluoride

(1) Definitio n s

Unless a different m eaning is clearly required by context, words and phrases used in this section shall have the following m e a n ings; ge ne r a l term s common with other sections of
the Plan as defined in S ection 5, and term s sp e c if ic to stan dards f o r fluoride as defined
below:

(a) “Forage” m eans grasses, pasture and ot her vegetation that is consum ed or is

intended to be consum e d by livestock. (b) “Cured f o rage” m e a n s hay, straw, ensila ge that is consum ed or is intended to

be consum e d by livestock. (c) “Fluo r id e” refers to a heterog e neous group of com pounds from the highly reactive, nonm etallic gaseous elem ent known as fluorine. For the purpose of this standard, fluoride will include material that tests as fluoride by the m e thod specified o rother m e thods accep table to the d i rector.

(2) Standa rd s-forage

(a) All sam p ling to determ ine com p liance with these standard s shall be conducted

in loca tions and during tim e perio d s consis ten t with pro t e c ting lives tock and vegetation.

(b) The fluoride content of forage cal culated by dry weight shall not exceed: (i) For growing season (not to exceed six consecutive m onths)- 40 ppm (ii) For any 60 day period- 60 ppm (iii) For any 30 day period- 80 ppm

(3) Standards-Am bient

(a) All sam p ling to determ ine com p liance with these standard s shall be conducted

in loca tions and during tim e perio d s consis ten t with pro t e c ting lives tock and vegetation.

(b) Gaseou s fluorides in the am bient air calcu lated as HF at standard conditions (25 degrees Celsius, 760 in. Hg) shall not exceed:

(i)12 hour a v erage s t o be less than 1.13 ppb;

(ii) 24 hour a v era g es 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 l e ss tha n 0.25 ppb.

(4) Mea s ure m ent

(a)Com pliance with standards. W h en requested by the Air Quality Program

, persons em itting f l uor id es to the a m bient air s h all dem onstra t e the i r c o m p liance with Section 9.6.2 and 9.6.3 by conducting a m onitoring program approved in writing by the Air Quality Program . All m on itoring data sh all be subm itted to th e Air Quality Program m o nthly.

(b) Total f l uorides in and on f o rage is dete rm ined by curren t scie ntif ica l ly acceptable m easure m ent practices that are c onsidered to be standard methods o r other m e thods accep table to the Director of the E nvironm ent Division.

9.7 Heavy Metals

(1) Definitio n s

All m e tals shall in clude the m e tallic for m a nd metallic com p ounds that m a y test as those

m e tals by the accep table analytical m e thod.

(2) Standa rd s

Applicable in all levels during any m onth, the av erage con c entration shall not exceed:

(a) Beryllium (Be) 4.2E-4 ug/m3 (b) Cadm ium (Cd) 2.4E-2 ug/m3 (c) Chrom i um (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) Mea s ure m ent

Meta ls in air will be sampled ac cording to 40 CFR 50 Appendix B, Reference Met h od for

the Determ ination of Suspended P a rticula t e M a tte r in the Atm o sphere (High-Vo lume Method) . The concentr ation of m e tals in the a m bient air will be analyzed using EPA Method IO-3.5, Inductively Coupled Plas m a /Mass Spectrom e try (ICP/MS).

9.8 Monitoring Instrum e nts

POLLUTANT PREVENTI ON and CO N T R O L M O N I T O R I NG EQUIPMENT
and SCHEDULE

O z o n e R e d u c e m o t o r v e h i c l e r e a c t i v e organic gas (ROG) and nitrogen oxide Air Pollution Instrum e ntation Incorporated (API).

17( N O x ) e m i s s i o n s t h r o u g h i n s p e c t i o n

program s, and reduced vehicle use. Lim it

ROG em i ssions from commercial/ industrial operations and consum e r products. Conserve energy. Model 400A Ozone Analyzer,
Model 700 Calibrator.

Continuous Monitoring

Respirab le

Particulate

Matter (PM10) Control dust sources, industrial

Particulate em i s s i o n s ,

w o o d b u r n i n g s t o v e s a n d fireplaces. Reduce secondary pollutants, which reac t to f o rm PM10. Conserve energy. R&P Com p any Incorporated.
TEOM Series 1400a Ambient
Particulate Monitor.

Continuous Monitoring

Fine

Particulate

Matter (PM2.5) Reduce combustion e m i s s i o n s from motor vehicles, equipm ent, industries, and agricu ltu ral and residential burning. R&P Com p any Incorporated. TEOM Series 1400a, ACCU System

.

Continuous Monitoring-TEOM Every 6 th Day-ACCU Nitrogen

Dioxide (NO2) Control m o t o r v e h i c l e a n d

industrial com b ustion em i s s i o n s

. Conserve energy. API, Inc. Model 200A NOx Analyzer
Model 700 Calibrator

Continuous Monitoring Heavy Meta ls Reduce em i ssions from industrial sources. HI-Q Enviro nm ental Total Suspended Particulate
Monitor.

Every 6 th Day

Sulfur

Dioxide (SO2) R e d u c e u s e o f h i g h s u l f u r f u e l s (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

18The purpose of the em issions inve ntory is to establish a b a s e line f o r a i r pollutants impacting th e

reserv ation. It is a m eans to com p are impacts that m i ght arise from developm ent and
industrialization. It wi ll also docum ent i m provem e nts to ai r quality as a re sult of e m issions reductions through treatm ent or pollution preventi on activities at local neighboring industries.

10.2 Applicability

An initial em issions inventory was produced in 1999 utilizin g a baselin e year of 1995 and the St. Regis Mohawk Reservation’s exterior boundaries over which the SRMT has jurisdiction. The
land base used for calculations w a s 14,600 ac res. The population was estim a ted at 6000

residen t s. T h ese f i gure s will be used until m o re curren t inf o r m ation is av ailab l e. A s u mm ary of
sources found on the reservat ion is noted in Table 10.1.

Table 10.1 Em issions Inventory Report Summ a r y

Statio n a ry Source-Fu el C o m b u s tion Co mmercial Institu tio n a l
Resid e n tial

Statio n a ry Source-So lv en t Utilizatio n Au t o m o b ile Refin i sh i n g Pesticid e App licatio n Asph alt App licatio n Tan k Dr um C l eani n g Statio n a ry Source-Gaso lin e Mark eting Stag e I-u n d e rgroun d tank fillin g Stag e II-v eh icle refu eling

St at i onary So u r ce-Pet r ol e u m Pro d u ct T r ans p ort M a ri ne Vessel

Truc k Stationary Source -W a s te Di sposal, Treat ment and Recovery Ope n b u r n in g Solid Waste Transfe r Station

On -R oa d M o bi l e So urces Aut o m obi l e s Buses Spo r t Utility Veh i cles

Vans

Mo to rcycles

Non

- R o ad M o b ile Sources Lo co m o tiv es Law n a n d Ga r d en E qui pm ent Agricu ltural Eq u i p m en t
Co mmercial Eq u i p m en t
C onst r uct i o n E qui pm ent
Recreational Vehicles
Recreational Marine Vehicl es Co mmercial M a rin e Veh i cles
10.3 Procedure

The em issions invento r y will be ba se d on documentation and guidance e s tablished by the United
States Environm ental Protection Agency: Pro cedures for Em ission Inventory Preparation,
Volum e s I-VII, AP-42 and MOBILE 5/6 (softwar e developed by EPA for estim ating e m issions

from m obile sources).

10.4 Schedule

The em issions invento r y will be upd ated in 2004 and every 3

- 5 years thereafter.

19

### Section 11.0 General Permit Req u irem ents 11.1 Purpose 11.2 Applicability 11.3 Public Participation 11.4 Applications
11.5 Review
11.6 Rene wal 11.7 Change in Ow nership 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

contam ination sources to subm it an applica tio n and obtain a perm it f r om the Air Quality Program for the operation of such sources.

11.2 Applicability

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

contam ination sources must com p l y with this Section. Owners and/or operators of m a jor stationary sources subject to 40 CFR Part 71, m u st obtain a T itle V perm it from the US
Environm ental Protection Agenc y. Owners and/or operators of other em ission sources m u st
subm it an application pursuant to S ections 11.4 and 11.5 of this Plan. Owners and/or operators

of

em ission sources r e qu ired to ob tain a Title V perm it m a y request lim itations on su ch source ’s potential to em it regulated air pol lutants in acco rdance with Section 13.0 of this Plan in order to avoid such requirem e nts.

11.3 Public Participation

Federal, af f

ected state an d public par t icipa tion in r e view and perm it procee dings will b e provided for in accordance with procedur es established in Section 6.0 of this Plan unless otherwise provided for in this Section.

11.4 Applications

(1) Application Subm ittals

All applica t ions subm itted to the Air Quality Program shall b e pro v ided in a f o rm at acceptable to the Air Qu ality Program. At a m i nimum

, the application m u st inc l ude:

(a) identifying infor m ation, in cluding owner and/or operato r nam e and address, plant

nam e and address; (b) a lo catio n m a p with the site m a rked on it if the applicatio n is f o r a ne w f acility ; (c) a f a c ility descrip ti on of the operations carried out at the facility; (d) a listing of the Standard Industrial Classification Plans (SIC) which correspond to the prim ary operations carried out at facility;

20(e) a list of Crite ria an d Hazardou s Air Po llutants em itted at the fac i lity, inc l uding quantity and rate of em is sions; the em issions sh all be based upon actual test data or in the

absence of s u ch data upo n estim ation s accep table to the Air Quality Program

. (f

) a lis ting of the applic able Tr ibal r e quirem e nts in this P l an; (g) a listing of the applic able Federal requirem e nts; (h) proposed start-up date or phased dates when applicable; (i) revisions to the in stallation/construction, if any, that differed from the construction design and plan given in the perm it applic ation m a terial, data and specifications.

(2) Application Fees

An application will be assessed a one-tim e fee th at m u st accom p any the application

. Applications received without appropriate fees are incom p lete. Fees m u st be paid by check

or m oney or der m a de payable to St. Regis Mohawk Tribe in accordan ce with the following
fee schedule:

(a) Construction perm it application fees. (i)Em i ssions of any regulated air pollutant over 40 up to and in cluding 99 tons per year- $500 (ii)Em issions of any regulated air pollutant 5 up to and includi ng 40 tons per year - $300 (iii)Em i ssions of any air pollutant applicable to S ections 9.6 and 9.7- $300 (iv)Extension of tim e and tr ansfer of ownership – no fee

(b)Opera tin g perm it applica tion f ees. (i)Minor perm it - $300 (ii)Modification of permit - $200 (iii)Relocation - $100

11.5 Review

The Air Quality P r ogram will m a ke a determ ination of f

acility statu s with in 60 days o f receipt of

a com p lete a pplica tion. The Air Qua lity Program will pub lish the no tic e o f com p lete a pplica tion

in acco rdance with Section 6.2.a.

11.6 Renewal

Renewal of m i nor source perm its shall occur every 5 years from the date of original issuance. Owners or operators of affected fa cilities m u st subm it their application no later than 180 days before the date of expiration.

11.7 Change in Ownership.

A m i nor source perm it is valid only for the em i ssion unit(s), owner and/or operator, facility, mode of operation and special cond itions stated in the app l ication, or perm it. The owner and/or
operato r can transf er th e perm it to a new owner and/or operator if the mode of operation and

em issions do not change.

2111.8 Unavoidable Noncom pliance and Violations.

At the d i scr e tion of th e Air Qual ity Program , a violation of any a pplicable em ission standard for necessary scheduled equipm ent m a intenance, start-up/shutdown conditions and m a lfunctions or
upsets m a y be excused if such violations are unavoidable. The following actions and record keeping and reporting requirem e nts must be adh e red to in su ch circum stances:

(1) The facility owner and / or op erato r sh all com p ile and m a intain reco rds of all equipm ent m a intenance or start-up/shutdown ac tiv ities when they can be expected to result in an exceedance of any applicable em ission standard, and shall su bm it a report of
such activities to the Air Quality Pro g ram

. Su ch reports shall describ e why the viola tion
was unavoidable and shall include the tim e, fr equency and duration of the m a intenance and/or start-up/shutdow n activi ties and the ide n tif ica tion o f air con t a m inants, and the

estim ated em ission rates. If a facility owner and/or operator is subj ect to continuous stack monitoring and quarterly repo rting requirem e nts, he need not subm it reports for equipm ent m a intenance or star t-up/shutdown for the facility.

(2) In the ev ent that em issions of air contam inants in excess of any em is sion standard in

this Plan occur due to a m a lfunction, the faci lity owner and/or opera tor shall report such

m a lfunction by telephon e to the Air Quality Pro g ram as soon as possib l e during norm a l working hours, but in any event not later th an two working days after becom i ng a w are that the m a lfunction occurred. W ithin 30 days thereafter, the facility owner and/or
operato r shall subm it a written r e port to th e Air Quality Program describing the

m a lfunction, the corrective action taken, iden tification of air contam inants, and an

estim ate of the em ission rates.

(3) The Air Quality Pr ogram m a y also r e quire the owner and/or op er ator to in clu d e in reports described under (1) and (2) above an estim ate of the m a xi m u m ground level

concentratio n of each air contam inant em itted an d the effect of such em issions depen d ing
on the devia tion of the m a lf unction and the a i r c ontam inants em itted.

(4) In the event of m a intenance, start-up/shutdow n or m a lfunc tion conditions which result

in em issions exceeding any applic able em ission standard , the facility owner and/or
operato r shall tak e appropria te a c tion to pr event em issions which will result in contravention of any applicable am bient ai r quality standard. RACT, a s determ ined by the Air Qua lity Program , shall be ap plied du ring any m a intenance, s t ar t- up/shutdow n or

m a lfunction condition subj ect to this Section.

11.9 Em ergency Defense.

An e m ergency constitutes an affir m ative defe nse to an action brought for noncompliance with

em ission lim itations or perm it conditions for all f acilities within the exte rior boundaries of the

SRMT.

(1) The affirm ative defe nse of e m ergency sha ll be dem onstrated through properly signed,

contem poraneous operating logs, or other relev a nt eviden ce that:

(a) An em ergency occ u rred and that the f acility owner and/or oper a tor can identify the cause(s ) of the em ergency;
(b) The equipm ent at the perm itted f acility c a using the em ergency was a t the tim e being properly operated;

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

reasonab l e steps to m i nim i ze levels of em issions that ex ceeded the em ission

standard s, or other r e quir e m e nts in the perm it; or

(d) The f acility owne r a nd/or ope rator no tif ied the Air Quality Prog ram within two working days after the event occurred. This notice m u st contain a description

of

the em ergency, any steps taken to m itigate em issions, and corre ctiv e actions
taken.

(2) In any enforcem ent proceed i ng, the facility o w ner and/o r operato r seeking to establish

the occu rren ce of an em erge ncy has the burden of proof.

11.10 Prohibition of Reintroduction of Coll ected Contam inants to the Air.

No person s h all unn eces sarily rem o ve, handle, or cau se to be handled, co llected air co ntam inants

from an air cleaning device for r ecycling, salvage or disposal in a m a nner 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 o p eration and m odification of new and existing stationary sources, area sources and devices in order to achiev e and m a intain the am bient air quality standards established pur suant to Section 109 and 112 of the CAA and Section 9 of this
Plan.

12.2 Applicability

(1)Except as provided in this secti on, no person m a y commence construction or modification of any m i nor facility, m a y operate any new minor facility or m a y relocate

any m i nor portable source without obtaining a perm it from the Air Quality Program

. (2)Sources that m eet the following criteria ar e re quired to re giste r with the Air Quality Program , as specified in this paragraph:

(a) Facilities with existing stationary s ources th at ar e in in dustrial c a te gories to
which a New Source Perform a nce Standa rd (NSPS) applie s, with pote n tia l

em issions of regulated contam inants be low the applic ability thresho l ds of 40 CFR Section 60,

(b) Facilitie s with exis ting stationary sources, which em it any contam inant listed

as a hazardo us air pollutant under Section 112 of the CAA wi th a potential to em it
below the a pplicab ility thresho l ds o f 40 CFR Section 61 and 40 CFR Section 63
or which have been def e rred from t h e requ irem ent for obtai ning a Title V perm it pursuant to 40 CFR Section 71,

23(c) Any stationary source, which has its po ten tia l to em it cap ped by rule pursuant
to Subsection 13.0 of this Plan.

(3)De m i nim i s facilities, as defined in Se ctio n 5.0, are exem pted from the permitting requirem e nts of this Section and Section 13.0. De m i ni m i s facilities rem a in subject only

to the f o llow i ng air quality rules :

(a) Section 15.0 Open Burning

(4) The issu ance of a perm it does not preven t the f u ture a doption by the Air Qua lity Program of pollution control rules, standards or orders m o re stringent than those now in

existence an d does no t p r event the enforcem ent of these rules, stand a rd s or orders against the perm itte e.

12.3 Construction perm its

(1)No person shall cause or allow the cons truction or installation of any new m i nor facility oth e r than a de m i ni m i s facility as defin e d in Sectio n 5.0 witho u t firs t ob taining an air quality construction perm it. A construction perm i t i s al so requi red for any

modif i cation tha t would cause an e x isting f acility to no lo nger qualify for de m i nim i s

status or its curr ent p e rm it categ ory. The Air Quality Program will notif y the owner/operator on th e acceptab ility o f the a pplic ation with in 3 0 days of receipt.

(2) The proposed facility or activity will not cause any Nationa l Ambient Air Q u ality Standard (N AAQS) or standard pursuant to S ection 9.0 of t h is Plan, in any attainment

area to b e exceeded. T h e owner o r operator wi ll m eet any applicable ambient air q u ality standards and all applicable regulations.

(3) Air quality m odeling is required, in accordance with 40 CFR Part 51 Appendix W, for where the p r oposed facility or activity will em it more than:

20 tpy of PM 10

40 tpy of SO2

40 tpy of NOx

40 tpy of Ozone

Perm its shall be issued if the Air Quality Progra m determ ines that RACT will be ap plied and the applicant has adequately dem onstrated that reason able fu rther progress toward

the attainm e nt of the standards will not be im paired.

(4) Perm its are issued based on the producti on/process rate requested in the perm i t application. The em ission rate associated with the requested production/process rate is a

perm it condition. The Air Quality Program may m odify the production/process rate, hours of operation or other reques t ed perm it co nditions in order to create Tribe-on ly or federally an d practically enforceable perm it conditions.

(5) For where the em ission would cause or c ontribute to ambient concentrations which
exceed a Na tiona l Am bient Air Qua lity Standard or standa rd pursuant to Section 9. 0 of

24this Plan, in designated non-attainm e nt areas, perm its shall be issued if the Air Quality Program determ ines th at (RACT) will be ap plied and the applic an t has adequ a tely

dem onstrated that reasonable further progre ss toward the attainm e nt of the NAAQS will

not be im paired.

(6) A violation by the owner or operator of th e lim itations or conditions contained in the construction perm it shall subject the owner or operator to any or all enforcem ent penalties, in cluding perm it revocation, availabl e under this T I P. No operating perm it will

be issued u n til th e violation has b een resolv e d to the satisf action of the Air Quality Program

. (7)A duly issued perm it to construc t or m odi f y will term inate and becom e null and void if

the con s tru c tion is no t c o mm enced within 18 months of the perm it is s u a n c e dat e , or i f work is suspended for more than 18 months after it has comm enced.

12.4 Operating perm its

(1)No perso n shall caus e or au thorize the op er ation of a new or m odifi ed m i nor facility

for m o re than a 60-day period without applyi ng for a m i nor perm it to operate. Owners and operators of registered f acilitie s m u st notif y the Ai r Quality Program 30 days in advance of undertaking modifications to the facility that will m a ke the fa cility subject to additional tribal or federal requirem ents.

(2)Em i ssion lim itations established and m a de a part of the construction perm i t are incorporated into and becom e enforceab le lim itations o f the subsequently is sued operating p e rm it. Perm it lim itations in adju stm e nt of or in add itio n to the f a c ility’ s

construc tion perm it lim itations m a y be m a de a condition of the facili ty’s operating perm it
issuance.

12.5 Monitoring, Record Keeping, Reporting

(1) Monitoring requirements m u st specify the type, interval, and frequency of m onitoring
activ ities tha t are suf f i cie n t to yie l d re presentativ e data to de ter m ine whether the r e is

com p liance with the term s and conditions of the perm it or compliance with Triba l an d federal pollution control statutes and rules. As appropriate, the perm it m u st contain requirem e nts for the proper use, m a intenan ce, an d insta lla tio n of m onitoring equipm ent

or m e thods. The perm it must require the perm ittee to keep accurate reco rds of monitoring activ ities an d to subm it to the Air Qu ality P r ogra m periodic r e ports of monitoring results required by the perm it and, as requested by the Air Quality Prog ram, the resu lts o f other m oni toring undertaken by the perm ittee th at are related to com p liance
with the term s and conditions of the perm it or compliance with Triba l an d f e deral pollution control statutes and rules.

(2) The per m ittee shall reta in the f o llowing item s for at least five y ears from the date of

the sam p le, m easure m ent, report, certification, or a pplication, after which tim e this period

must be auto m a tically ex tende d during the course of an unr esolved enforcem ent action or at the reques t of the Air Quality Pro g ram :

(a) cop i es of all reports required by the condition s of the perm it;

25(b) calibration and m a intenance reco rds a nd all o r igina l stri p chart record ings

for continuous m onitoring instrum e ntation;

(c) r ecords o f the date, e x act loc a tio n, and tim e of m onitoring and testing
which is re la ted to com p liance with the term s and condition s of the perm it or

com p liance with Triba l and f e deral pollu tion control statutes and rules, the

nam e of the individual who perform e d the sam p ling or m easurem ents, the date the analysis was perfor m ed, the nam e of the individual who perform e d the analysis, the analytical techniques or m e thods used, and the results of the analysis;

(3) The perm ittee shall at all tim es properly operate and m a intain the f acilities and syste m s of

treatm ent and control and the appurtenances re lated to them which ar e installed or used by the perm ittee to achieve com p liance with the conditions of the perm it. Proper operation and m a intenance incl udes effective perfor m ance, adequate funding, adequate operator staf fing and training, and adequate laboratory and process controls, including appropriate quality assur a nce proced ures.

(4) The perm ittee shall ins t all and m a intain app r opr iate backup or auxiliar y facilities if they are necessary to achieve com p liance with the conditions of the perm it and, for all perm its

other th an h azardous waste facility p e rm its, if these backup or a uxiliary facilities are technically and econom i cally feasible.

(5) The perm it shall r e quir e the perm ittee to subm it to the Air Qua lity Prog ram the repo rts 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 S t atus 13.3 Record Keeping 13.4 Compliance
13.5 Rene wal

13.1 Purpose

This Sectio n authorizes the owne rs or operators of specified stationary sources that would
otherwise b e m a jor sources to requ est and acce pt Trib ally and federally enforceab le em ission

lim its suf f i cient to allo w the sourc e to be con s idered “sy n thetic m i nor sourc e s”. A synthetic

m i nor source is not subject to Title V-Federal O p erating Perm it Progra m , unless it is subject to that rule for any reason other than being a m a jor s ource. In addition, a sy nthetic m i nor source is subjec t to a l l applic able Tribal rule s, regulations and other requirem e nts.

13.2 Request for Synthetic Minor Status:

(1)A request for designation as a sy nthetic m i nor source shall include:

26(a)The identification and de scrip tion of all exis tin g em ission units at the source;

(b)The calculation of each em ission unit' s maxim u m annual and m a xi m u m monthly emissions of regulated air pollu tants for all operating scenarios to be

perm itted, including an y existing federa lly-enforceab le lim its established by a

m echanism other than th is rule;

(c)Propos ed federally enforceab le con d itions wh ich:

(i)L im it source-wide emissions to be low m a jor source thresholds; and

(ii)Are perm anent, quantifiable, an d otherwise enforceable as a p r actical

m a tter;

(d)Proposed federally enforceable condi tions to im pose m onitorin g, reco rd keeping, and reporting requirem e nts su fficient to determ ine com p liance;

(e)Any additional information request ed by the A i r Quality Program ; and

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

accurate, an d com p lete.

(2)The owner or operator of a m a j o r source who chooses to request synthetic m i nor

source s t atu s shall m a ke such a requ est with in th e f o llowing tim e f r am es:

(a)For any m a jor source that is operati ng or is scheduled to commence operating

on the ef f

e c tive d a te of this T I P, the owner or operator sha ll request synthetic

m i nor source status no later than 60 days f r om the ef f

ective d a te of this P l an.

(b)For any m a jor source that commences operating after the effective date of this TIP, the owner or operator shall request synthetic m i nor source status no later than 180 days prior to comm encing operation.

(3)The Air Quality P r o g ram shall determ ine if the reques t f

o r synthe tic m i nor sta t us is

com p lete within 30 days of receipt, unless a longer period of tim e is agreed upon by the Air Quality Program and the s ource' s owner or operator.

(4)Federally -enforceab le condi tions enabling a source to becom e a synthetic m i nor source sh all be iden tified as federally enfo rceab le and inclu d ed in a so urce' s operating

perm it issue d by the Air Quality Pro g ram , and shall be :

(a)Perm a nent, quantifiable, and p r act ically enforceable perm it conditions

, including any operatio nal lim itations or con d itions, which lim it th e sour ce' s potential to em it to belo w m a jor source th resho l ds;

(b)Monitoring, reco rd k eeping, and reporti ng conditions su fficient to d e term ine on-going co mpliance with the em ission lim its; an d

(c)Subject to public notice and U.S. EPA re view pursuant to Sections 6.0 of this
rule. Pe rm its tha t do no t conf orm to the requirem e nts of this Section, and other requirem e nts of this Plan, or any underl ying federal regulations that set forth

27criteria for federa l-enforceability m a y be deem ed not federa lly enforce a b le by the

U.S. EPA.

(5)Perm its and perm it modifications involving federally-enfo rceab le con d itions m u st be subjected to the public notice and comm ent procedures required for perm it applications
under Section 6 of this Plan which must incl ude at a m i ni m u m, publication of a notice of

com p lete ap plica tion in a p r om inent newspap e r s e rving the ar ea and a 30 day public comment period. Copies of per m its shall be forwarded to the Adm i nistrator through the appropriate Regional Office.

13.3 Record Keeping

The owner or operator of any fac ility subjec t to this Section m u st m a intain all required reco rds on-site for a period of fi ve years and m a ke them available to repres entative s of the Air Quality Program upon request. Program repres entatives must be granted acces s to any facility regulated by this Section, during norm al operating hours, f o r the purpose of determining com p liance with this and any other state and fe deral air pollution control require m e nts, regulations or law.

13.4 Com p liance

(1)On an annual basis, beginning one year af ter the granting of federally enforceable conditions, the respons ible official shall prov ide a certification to the Air Quality Program that the f acility has opera te d all em ission units within the lim its im posed by the
conditions. This certification sha ll include a brief summ ary of the em issions subject to the

conditions for that tim e period and a com p aris on to those threshold levels that would requir e the s u bm ission of an application f o r a Title V f acility perm it, or com p liance with an applicable requirem e nt.

(2) The em ission of po llutants in ex ceedance of the app licab ility thresho l ds for ob taining
a Title V f acility pe rm it or othe r ap plicab le req u irem ents c onstitu tes a viola tion of this
Section and of the Plan and m a y be subject to one or a com b ination of the following
actions: enforcem ent action, perm it term ination, perm it revocation and reissuance and

perm it renewal denial.

13.5 Renewal

Renewal of synthetic m i nor source perm its shall o ccur every 5 years from the date of original
issuance. O w ners or op erato r s of affected facili ties m u st subm it their a pplica tion n o late r than 180 days before the date of expiration.



### Section 14.0 Source Su rveillance 14.1 Emission Reports and Record keeping
14.2 Testin g, enforcement, inspection and complaints 14.3 Continuous Emissions Monitoring

14.1 Em ission Reports and Record keeping

28(1) Em ission Reports sh all include the f o llowing :

(a) Certification by a duly authorized rep r esentative. A duly authorized representative m u st sign a form pr ovided by the Departm e nt to verify the truth, accuracy, and com p leteness of th e em ission statem ent. This certification sh all state that, based on inform ation and belie f formed after reasonable inquiry by the duly autho r ized rep r esentative, th e statem ents and inf o rm ation in the d o cum e nt are true, accurate, and com p lete. The cer tif i ca tion shall in clude the f u ll nam e , title, original signature, date of signature and te lephone num b er of the duly authorized represen tativ e

.

(b) Facility level inform ation, consisting of:

(i) verification of full nam e of f

acility; (ii) verification of parent com p any na m e ; (iii) verification of stre e t address (phy sica l loca tio n) of the f acility; (iv) verification of four dig it SIC Pla n (s) f o r the f acility ; (v) ca lenda r year re portable em issions; (vi) tota l f acility f u el u s e and f u el sulfur content and heat value (for

com bustion installations); and (vii) f ugitiv e em issions.

(c) Em ission point level in for m ation, consisting of:

(i) average hours of operation pe r 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 (percenta ge of annual activity by season); and (vi) verification of latitud e and longitud e

.

(d) Process level inform ation, consisting of:

(i) m a xi m u m heat input (for co m bustion insta lla tio ns); (ii) quantity of fuels consum ed (for combustion inst a lla tions ); (iii) estim ated actual annual reportable em issions, for each air regulated air po llutant em itted, (in units of pounds per year); (iv) estim ated em issions method (see subdivision 202-2.4(b) of this subsection); (v) em ission factor(s ) (if used to determ ine actual emissions); (vi) prim ary and secondary control e quipm ent identification Plan(s);

29(vii) contro l efficiencies achieved by the contro l equipm ent. The contro l efficiency should reflect the tota l control ef ficiency from all control equipm ent for a specifi c criteria group (e.g., VOCs and NOx). If the actual co ntrol efficiency is unav a ilab l e, th e design efficiency o r the con t ro l efficiency lim it im posed by a permit shall be used; (viii) annual process rate; (ix) peak ozone season daily process rate.

(e) Petroleu m, volatile organic liqu id, a nd f u el storage and distr i bution f a cilitie s must provide the following additional inform ation:

(i) tank cap acity (in c lu ding m a xi mum and averag e liquid height, and working volum e); (ii) throughput associated with tanks and loading racks (including turnovers per year).

(2) Em ission Reporting Methods and Procedures.

Em ission re ports sh all be subm itte d to the Air Quality P r ogram on or bef o re Ma rch 1 each year fo r em issions of the previo us calendar year. Em issions es tim ates shall be b a sed on the owner or operator’s use of the followi ng m e thods. If a source owner or operator is required to use a specific m onitoring m e t hod to dem onstrate com p liance with other applicable requirem e nts, the Air Quality Progr a m m a y require tha t the e m ission estim a tes for the corresponding processes be based on in f o rm ation obtained from that m onitoring

m e thod. The Air Quality Program m a y reject use of a proposed m e thod for a particular process if it can be dem o nstr ated that the m e thod does not represent actual em issions.

(a) stack sam p les or other em ission m easurem ents; (b) m a terial balance using knowledge of the process; (c) US EPA Air Pollution-42 em ission factors; and (d) best engineering judgm ent (inc luding m a nufacturers’ guarantees).

(3) Record k eeping

The owner or opera tor of any f acility subjec t to this Sectio n m u st m a intain a ll req u ired records on-site for a period of five years and make them availab l e to representatives of the Air Quality Program upon request. Program r e presentatives m u st be granted access to any facility regulated by this Section, during norm a l operating hours, for the purpose of

determ ining com p liance with this a nd any othe r tr ibal and f e deral a i r p o llution con t rol requirem e nts, regulations or law.

14.2 Testing, enforcem e n t, inspection and com p l a ints

(1) For the purpose of ascertaining com p lian ce or non-compliance with any air pollution control Plan, rule or regulation, the Air Qu ality Program requires the source owner or
operato r to s u bm it an ac ceptab l e re p o rt of m easured em issio n s w ithin 30 days of testing.

30The source owner or op erato r sh all bear the cost of m easurem ent and preparing the report

of m easured em issions. Failure of such pe rson to subm it a report a c cep t able to the Air Quality Pro g ram within the sta t ed tim e sha ll b e suf f i cient reason f o r the Air Quality Program to suspend or deny an operating perm it . In the event a source owner or operator

can dem onstrate to the Air Quality Program such tim e is not sufficient, he m a y request an extension in writing and be granted a 30-day extension.

(2) A source owner or operator who is require d to subm it a stack te st report sh all notif y the Air Quality Program

, in wr iting, not less than 30 days prio r to the test, of the tim e and

date of the test. Such n o tif ica tion s h all a l so include the acceptable procedures to be used

f

o r the sta c k test inc l u d ing sam p ling and an alytical procedures. The source ow ner or operato r sha ll allow the Air Quality Program , or a represen tative, free a ccess to obs erve the stack testing being conducted. No person shall conceal an em ission by the use of air or other gaseous diluent to achieve com p lian ce with an em i ssion standard, which is based

on the concentration of a contam inant in th e gases, em itted th rough a stack.

(3) Em ission testing, sampling and analytical determ inations to ascer tain com p liance with
this Section shall be co nducte d in accordan ce with test me thods acceptable to th e Air Quality Pro g ram

. The Reference Methods co ntained in 40 CFR Section 60 Appe ndix A and 40 CFR Section 61 Appendix B shall b e co nsidered as acceptable test m e thods for

those sources and contam inants for wh ich they are expressly applicable.

(4) Enforce m ent of these rule s an d regula tions shall be perform e d by the St. Regis
Mohawk Conservation Officers. The Conservation Officers will also b e responsib le for inspec ting the f acilities based on any com p laints rece ived. Findings shall be reco rde d and a copy given to bo th the facility and th e Air Quality Program . Air Quality Pro g ram

repres entatives will be responsib le for a nnual facility in spections and any unannounced
audits.

(5) For the purpose of ascertaining com p lian ce or noncom pliance with any air pollution

contro l Plan, rule or regulation, the Air Quality Program m a y conduct s e parate or
additional em ission tests on behalf of the Trib e. A source owner or operator shall provide

sam p ling holes, scaffolding and other pertinen t equipm ent required fo r em ission testing.

The f acility shall b ear th e costs of such equipm ent.

14.3 Continuous Em issions Monitoring

(1) The ow ner and operator of any source subject to th is s ection shall be requ ired to
install an d o p erate CEMS on each affected unit at the source, and to qu ality assu re the

data for sulf ur dioxide, nitrogen oxides, opaci ty and volum etric flow at each such unit.

(2) CEM is the continu ous m easurem ent of pollutants em itted into th e atm o sphere in exhaust gases from com b ustion or indust rial p r ocesses. CEM system s include: (a) An SO2 pollutant co ncentr ation monitor; (b) A NOx pollutant concentration m onitor; (c) A volumetric flow monitor;

31(d) An opacity m onitor; (e) A diluent gas (O2 or CO2) m onitor; or (f) A com p uter-b ased data acquisition and handling sy st em for recordi ng and perform i ng calculations with the data.

(3) All units over 25 m e gawatts and new units under 25 m e gawatts that use fuel with a sulfur content greater than 0.05 percent by weight are requ ired to m easure and report

em issions under this Section. The new units under 25 m e gawatts using clean fuels are requir e d to certif y their eligib ility f o r an ex emption every five years. The following is monitoring m e thods requirem e nts and options:

(a) All existing coal-fire d units s e rving a generator greater than 25 m e ga watts and
all new coal units m u st use CEMs for SO2, NOx, flow and opacity.

(b) Units burning natural gas m a y determ ine SO2 m a ss em issions by: (1) m easuring heat input with a gas flow m e ter and using a default

em ission rate; (2) sam p ling and analyzing gas daily for sulfur and using the volum e of

gas com busted; or (3) using CE Ms.

(c) Units burning oil m a y m onitor SO2 m a ss em issions by one of the following

m e thods: (i) Daily m a nual oil sam p ling and analysis plus oil f l ow m e ter; (ii) Sam p ling an d analys is o f diesel fuel oil as delivered plus oil flow

me t e r ; (iii) Autom a tic continuous oil sa m p ling plus oil flow m e ter; (iv) SO2 and flow CEMs.

(d) Gas-fired and oil-fired base -loaded units m u st use NOx CEMs.

(e) Gas-fired peaking units and oil-fired peakin g units m a y eithe r es tim a te NOx

em issions by using site-specific em ission co rrelations and periodi c stack testing to verify continued representativeness of the correlations, or use NOx CEM s

.

(f) All gas-fired units using natural gas fo r at least 90 percent of their annual heat input and units burning dies el fuel oil are exem pt from opacity m onitoring.

(g) For CO2 all un its c a n use e ithe r (i ) a m a ss balance estim a tion or (ii) CO2 CEMs or (iii) O2 CEMs in order to estim ate CO2 em issions.

If a unit’s o p eration or fuel use ch anges so that accep ted m onitoring m e thods no lo nger app l y, the unit would becom e subject to CEMS m onitori ng requirem ents in the following calendar year.

Not la ter th an th irty -six m onths af ter en actm e nt of the TI P, the own e r or oper a tor of each affected unit under Section 13.3.3, shall ins t all a nd operate CEMS, quality assure th e data, and

32keep records and reports in ac cordance with the re gulations issued u nder subsections 13.3.1, 13.3.4, 13.3.5, and 13.3.6 of this Section.

(4) Em issions Calculated for Periods of Missing Data

A n n u a l A v a i l a b i l i t y ( % ) of Monitor or System * Num b e r o f H o u r s Missing (N) Value Substitu ted f o r Each Missing Hour Greater than or equal
to 95% N is less than o r equal to 24 hours

N is greater than 24 hours Average of the hours

record ed b e fore and after

m i ssing period

90th percentile value recorded in previous 30 days

of

service or the b e f o re/af t e r value, which e ver is g r ea ter Less than 95% but g r eater than or equal to 90% N is less than or equal to 8

hours

N is greater than 8 hours Average of the hours

record ed b e fore and after

m i ssing period

95th percentile value recorded in previous 30 days

of

service or the b e f o re/af t e r value, which e ver is g r ea ter
Less than 90% N is greater than 0 hours Maxim u m value recorded in previous 30** days of service

(5) Certifica tion Require m e nts

The TIP requires the following perform a nce certification tests for CEM system s: (a) A 7-day calib ration error test for each m onitor; (b) A linearity check for each pollutant concen tration m onitor; (c) A relativ e accuracy test aud it for each m onitor; (d) A bias test for each SO2 pollutant c oncentration m onitor, flow monitor, and the NOx CEM system ; (e) A cycle tim e test for each pollutant concen tration m onitor; (f) A daily interferen ce test for flow monitors; (g) An accuracy tes t is required for fuel flow m e ters; and (h) A stack test is required for a NOx em ission correlation for gas- and oil-fired peaking unit.

(6) Quality Assurance/Quality Con t rol

The operator m u st perform periodic perform a n ce evaluations of the equipm ent, including daily calibration error tests, daily interference tests for flow m onitors, and sem i -annual
relative accu racy test aud it and b i as tests.

33The owner or operator must develop and im pl em ent a written quality assurance/qu ality

contro l plan for each system . The quality control plan m u st includ e co mplete, step -bystep p r ocedu r es and operations for calibration checks, calib ration ad justm e nts, p r even tiv e

m a intenance, audits, and record keeping and reporting. The quality assurance plan m u st include procedures for conducting periodic perf orm a nce tests.



### Section 15.0 Open Burning 15.1 Purpose 15.2 Applicability

15.1 Purpose

In an effort to pres erve the air qu ality for our co mmunity in the wake of increased business and housing developm ent, the regulati on of open burning is necessary to preserve the enjoym ent of property by all and to assure that Tribal he alth, s a f e ty and w e lf are are protected (Ap p endix I). Under this regula tion ( A ppendix J and Appendix K), pro v en m e thods and contr o ls will b e utilized to minim i ze air impacts from perm itted b u rning.

15.2 Applicability

The provisions of this section a pply to all areas within the exte rior 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 ar e hereby authorized and given ju risd ic tion with in the exte rnal boundaries of the Mohawk Territory to respond to com p laints, requests for assistance, reports of problem s and/or any other type of inquiry reasonably re lated to their offici al duties as police

offi cers.

18.2 Com p liance

(1)The St. Regis Mohawk Tribal Police an d Conservation Of f i cers will ass u m e enforcem ent activ ities for the purpo s e s of air reg u lations co mpliance.

(a) Any individ u al or owne r of an a i r c ontam ination source will be advised of their conduct-giving rise to the violation. After being so advised, the violator
will be issu e d a summ ons. The sum m ons m u st contain a m i nim u m suf f i cient
detail to advise the violator of the exact provision of the TIP, which was allegedly violated, the date and tim e of the violation.

(b) It is not a defense for a perm ittee in an enforcem ent action that it would have

been neces s a ry to h a lt or reduc e th e perm itted activ ity in o r der to m a intain

com p liance with the con d itions of th e perm it.

(2)The Peacem akers Court, Civil Disobedien ce Division shall be th e arb ite r of all

summons and com p laints filed under this Plan.

(a) The Peacemakers Court m a y seal an air contam ination source to prevent its oper a tion if com p liance with this Chap ter is n o t m e t within the tim e provided by an order of the Court issued in th e case of the violation. Sealing m eans labeling or tagging a source to notify any person that operation of th e s ource is prohibited, and also includes physical m eans of preventing the operation of an air

contam ination source w ithout resulting in destruction of any equipm ent associated with such source, and includes, but is not lim ited to, boltin g, chaining or wiring shut control panels, apertures or cond uits as sociated with such source.

(b) No person shall operate any air c ontam ination source sealed by the Court

in accord an ce with this section u n less a m o dification has been m a de which

enables suc h source to com p ly with all r e quirem e nts applicab le to such
modification.

(c) Unless authorized by the Court, no pe rson shall rem ove or alter any seal affixed to any air contamination sour ce in accordance w ith this section.

35

### Section 19.0 Review of State Permits 19.1 Purpose 19.2 Applicability

19.1 Purpose

The Air Qu ality Prog ram is capable of eval uating and commenting on air perm it notices and draft perm its for facilities located in contiguous jurisdictions where the ai r em issions m a y affect
the Reserva t ion air qua lity and/or f a cilities loca ted within 50 m iles of the Reservatio n. The Air Quality Pro g ram will be afforded the opportun ity to su bm it written recomm e ndations in respecting the issuance of the pe rm it and its term s and conditions.

19.2 Applicability

In acco rdan ce with the approved Eligibility Dete rm ination for the SRMT (Appendix ), the Air Quality Pro g ram has “affected state” status und er 505(a)(2 ) of the CAA.



### Section 20.0 Regional Haz e 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 Managem e nt (M ARAM A), the Northeast States for Coordinated Air Use Managem e nt (NESCAUM ), eleven states and the Penobscot Indian Nation of Maine are

comm itted to a long-term strategy for im plem enting the final reg i o n al haze ru le. A TIP

comm ittal plan for regio n al haze will be deve loped for early 2 005 and a final rev i sion in 2008.

20.2 Scope

W ith the fi nalization o f the region al haze rule in m i d-1999, EPA started a p r o cess for the developm ent of Im plem entation Plans for reg i ona l h aze. Given the region al n a ture of the problem , the rule strongly endorses regional planni ng, and the role of states and tribes within a regional planning organization (RPO). This organization was form ed on Jul y 24, 2001 (Appendix O) and was nam e d the Mid-Atlantic Northeast Visibility Union (MANE-VU).

20.3 Applicability

The final regional haze rule prov ides for even tu ally reach in g natural background co ndition in
Class 1 a r e a s. Becaus e em issions that cause haze a r e e m itted over wide areas and haze precursors are transported by winds, a regional pr ogram to implem ent EPA’s f i nal rule ensures

36im proved vi sibility not only in parks and wilder ness areas, but in m a ny 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 beg i nning with calendar ye ar 2005, the Air Quality Program shall report to

the Adm i nistrator (through the appropriate Re gional Office) and the SRMT Environm ental

Directo r inform ation as specified in Section 21.2 through 21.3. Reports m u st be subm itted by April 15 of each year for data collected and actions, which took place d u ring th e period Janu ary 1 to Decem ber 31 of the previous year.

21.2 Reportable Em issions Data and Inform ation

The Air Quality Program shall subm it in the a nnual report, the follow i ng em issions data and

inf o rm ation:

(1) Em issio n s of Particulate m a tter (PM10 / 2.5), sulfur oxides, nitrogen oxides and volatile organic com pounds, (2) Em issions of lead or lead com pounds m easured as elem e n tal lead, (3) Air toxic s in the form of m e tals-b eryllium

, cadm i um , chrom i um and nickel, (4) Any enforcem ent action taken or court order, (5) Any new construction or m odific a tions approved under S ection 12 of this Plan, (6) Any source that ceas es operation during th e reporting p e riod

21.3 Reporting Form at

The Air Quality Prog ram will subm it the annual report on pap e r form s and electronic copies.

37

## Appendix A-Notice of Public Comment

3839

## Appendix B-TCR99-43
Clean Air Quality Program Authority

40

## TRIBAL COUNCIL RESOLUTION

TCR 9 9

- 4 3 

## TCR 99-43 Saint Regis Mohawk Tribe

Rt. 37 Box 8A Hogansburg, New York 13655
Tel. 518-358-2272

Fax 518-358-3203 Tribal Su b Chief Tribal S ub Chief Tri b al S ub Chief

Richard A. Te rrance J o hn Bigtree J r

. Harry Be nedict Tribal Chie f Tribal Chie f Tribal Chie f

Hi l d a E

. Sm ok e Al m a R a nso m Paul Th om pso n



## Clean Air Quality Program Authority

WHEREAS, The St. Regis Mohawk Tribal Council (Tribal Council) actin g as the recognized governing body on behalf of the St. Regis Mohawk Tribe (Tribe) has the authority to govern envi ronmen ta l matte rs 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 a i r quality le gisla tion, 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 Progra m to submit applications fo r federal assistance and to receive delegation of federal Clean Air Act authority, as allowed by law under th e Clean Air Act of 1970 and Clean Air
Amendments of 1990.

Si gne d B y : S i gne d by : Hi l d a E. Sm oke, Tri b al C h i e f, Al m a R a nsom , Tri b al C h i e f

, Paul O. T h o m pson, T r i b al

C h i e f, R i c h ar d A. Ter r ance , S u b C h i e f

, J o hn B i gt ree Jr

., Su b C h i e f, a n d H a rry B e nedi ct

, Su b C h i e f.
Certified By: Angu s McDonald

41

## Appendix C- TCR89-19

4243444546

## Appendix D-TCR89-34

47484950

## Appendix E-TCR2002-183

5152

## Appendix F-Eligibility Determination, September 2000 Letter

53545556575859606162

## Appendix G-Eligibility Determination May 2001 Letter

636465

## Appendix H-Eligibility Determination
March 2003 Letter

66676869707172

## 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

Triba l Co uncil Reso lution

Resol u ti o n 20 02

- 59

B u rn Re gul a ti on

WHERE A S, t h e Sai n t Reg i s Moh awk Tri b al Co un cil is t h e du ly recogn ized g o v e rn i n g body o f t

h e Sai n t R e g i s M o h a wk

Tr

i b e; and,

W H ER EA S, t h e Sai n t R e g i s M o h a wk Tri b al C oun cil is resp onsib le for t h e health , safety, edu c ation and wel f are o f all

c o m m

u n i t y

me mb e r s ; an d

,

W H ER EA S , t h e au thority, respon si b ility, and jurisd iction of t h e Tribal C oun ci l to pro t ect air resources on Tri b al Land s i s de

ri v e d fr om t

h e T r i b e’ s s o ve re i g n ri g h t s as t h e

A

b o r i g i n al o w ne rs a n d g u ar di ans of t

h ei r l a

n d s a n d wat e rs a n d ha s bee n

rec o g n i z e d by F e de ral

I n di a n

P o l i c y ; a n d

WHE R EAS , t h e Trib al C o uncil h a s det e rm ined th at the Sain t Reg i s M o hawk Tri b e Environ m en t Div i sio n sh all

h a v e prim ary respo n s i b ility fo r ad m i n i sterin g an Air Qu a lity Program wh ich m o n ito rs and regu lates Tri b al air quality, subj ect to revie w a n d approval by the Trib al C o unc il in accorda n c e with Tribal law; and,

WHERE A S, t h e Sai n t R e gi s M oha wk T r i b e En vi r onm ent Di vi si o n has i d ent i f i e d t h e ne ed t o i m pl em ent co nt r o l s

ove r o p en b u r n i ng o n T r i b al L a nd s; an d,

WHERE A S, th e Trib al C o uncil h a s rev i ewed th e pro p o s ed “Clean Air Quality Pro g ram

- Trib al B u rn Reg u l ation s ”
dra f t e d by t h e Sai n t R e gi s M oha w k E n vi ro n m ent Di vi si o n

.

THEREFORE BE IT RESOLVED THAT, t h e Sai n t R e gi s M o ha wk T r i b al C o u n ci l h e reby a p pr ove s an d m a kes

p a rt o f Tri b al Law, “Th e Clean Air Qu ality Program -Trib a l Bu rn Reg u l at io n s ” sub m it ted b y th e Sain t Reg i s M oha wk T r i b e En vi r onm ent Di vi si o n ; a n d

,

BE IT FU RT HER RESOL V ED T H AT, all Trib al ag en ci es, in cl u d i n g , bu t no t lim i t ed to th e Tri b al Police Fo rce, will b e p r ov id ed with co p i es of th e Tri b al Burn Regu la tio n s , and will assist in th e co m p lian ce with an d wh en ev er applicable , the enforcem en t of th e Trib al B u rn Reg u l ation i n acco r d a n ce with ap p licab le law.

THE SAINT REGIS MOHAWK TRIBAL COUNCIL

Si gne d by : Al m a R a nsom , Tri b al C h i e f, Pa ul O

. T h om pson, Tri b al C h i e f

, Jo h n B i gt ree Jr., S u b C h i e f

, and Ha rry B e nedi ct , Su b C h i e f.

Certified b y : Patricia Tho m as , Tri b al Clerk

74

## Appendix J-Tribal Burn Regulations

75ST. REGIS MOHAWK TRIBE

ENVI RONMENT DI VISION AIR QUAL ITY PROGRAM; TRI B AL BURN REGUL A TION

Preamble

The Four Winds
We are thankful to th e pow ers we know as the Four Winds. We hear their voices in the moving a i r as they refres h us and purify the air w e breathe. They help to bring th e change of seas ons. From the four directions they come, bringing us messages and gi ving us strength. With one mind, w e send our greetings and thanks to the Fo ur Winds.

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

refreshm ent, that the Tribal Burn Regulations are being instituted.

Clean air is an im portant resource to the comm unity of Akwesasne and like m a ny other resources it is taken for granted until it becom e s scarce. Clean air is im portant fo r healthy lives and is really appreciated by the m a ny Tribal m e m b ers suffering from asthm a and other respiratory

illn ess

. The uncontrolled burning of waste m a terials in backya rds a nd lots is an activ ity th at threa t ens th e health and well being of us all. It produces smoke containing poisons that are imm e diately
harmful as well as con t aining can cer-causing chem icals. Burning of waste m a terials does not

elim inate w a ste d i sposal becau se there are ashes produced (also tox i c) and b ecause m a ny

m a terials, like glass and m e tals, do not even burn.

In an effort to preserv e the air qu ality for our community in the wake of increased business and housing developm ent, the regulation of open burning is necessary to preserve the enjoym ent of property by all and to assure that Tribal health, safety and welf are are pro t ected. Under th is regulation, p r oven m e thods and controls will b e u tilized to m i nim i ze air impacts from perm itted burning.

This regulation also provides the m eans for re solving open burning issu es when education,
awareness and all o t her reasonab l e m eans have failed

.

Additionally , becaus e o p en burn i ng creates a fire safe ty ha zard, the fire departm e nt has been partnered into the perm itting pr ocess to facilitate more effi cient responses to fire calls.

76Sec.
1.1 Definitions
1.2 Prohibition s 1.3 Burning Allow e d by Pe rmit Issu ed by Environment Division
1.4 Burning Without a Permit Allow e d
1.5 Burning Permits
1.6 Enforcement
1.7 Burn Bans
1.8 Penaltie s/Fines

1.1 Definitions.

(1)Solid W a ste. Any garbage, or refuse, sl udge from a wastewater treatment plant, water supply treatm e nt plant, or ai r pollution control f acility and other discarded m a terials, including solid, liquid, sem i -solid, or cont ained gaseous m a terial resulting from industrial, comm ercial m i ning, and agri cultural operations, a nd from community
activ ities. F o r the purpo ses of hazardous waste regulation, a solid waste is a m a terial that is discarded by being either abandoned, i nherently waste-like; a certain military munitions, or recycled

.

Includes ref u se, or all waste m a terial, incl uding but not lim ited to, garbage, rubbish, incinerator residue, street sweepi ngs, dead anim als and offal.

Includes rubbish, defined as, solid or liquid waste m a terial, including but not lim ited to, paper and paper products; rags; furniture; cans; crockery; pl astics; cartons; chem icals; paint, grease; sludge; oils and other petr oleum products; chem ically treated wood;
dem o lition m a terials; tires; and au to mobile s and other veh i cles and parts, for junk, salvage or disposal. Rubbish shall not include food garbage, incinerator residue, street sweepings, dead anim als or offal.

(2)Food Garbage. The anim al and vegeta ble waste resulting from the handling, preparation, cooking and serving of food.

(3)Open Burning

. Any outdoor fire or outdoor sm oke producing process f r om which air

contam inants are em itted direc tly into the outdoo r atm o sphere. Includes bu rn barr els, o r any other device used to burn solid w a ste, food garbage, m unicipal solid w a ste or
hazardous w a ste.

(4)Enclos e d Burning

. Any fire that takes place within the con f ines of an enclosed

structure. D o es not include com bustion reacti ons contained in an en closed device where

contro ls ar e used to m a intain e fficient com bustion and reduce em issions

.

77(5)Open Dump. Any managem e nt facility or site on Mohawk land where Municipal
Solid W a ste, solid waste, and/or hazardous waste has been disposed of, which is not a sanitary lan d fill autho r ized under th is Trib al Solid W a ste Plan. This term does not include any part of a farm on which only anim al or vegetable wastes resulting from the operation of such farm are deposited.

(6)Municipal Solid W a ste. A subset of solid waste that is defined as durable goods (e.g. appliances, tires, batteries), non-durable goods (e.g. newspapers, books, m a gazines) containers and packaging, food wastes, ya rd trim m i ngs, and m i scellaneous organic
wastes from residentia l, comm ercial, and indus trial non-process sources

.

(7)Hazardou s W a ste

. Any solid waste that :

(a)Becau se of its quantity, concentration, or physical, chem ical, or infectious characteristics, m a y either caus e or s i gnifican tly contribute to an increase in mortality or serious ir rev e rsib le or in capacitating illn ess, or p o se a substa ntia l present or potential hazard to hum an hea lth, living organism s, or the environm ent
when im properly handled, treated, stor ed, transported, or disposed of; or

(b)Is specifically defined to be hazardous or toxic, including but not lim ited to any substance, m a terial, smoke, gas, partic u l ate m a tter, or com b ination 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 W a ste

. Any waste substance, m a terial, sm oke, gas, particulate

m a tter or combination of that is Hazardous W a ste discarded by households

.

(9)Planned burn. Burning set or supervised by a Public Official in the perfor m ance of
official duties.

(10)Director. The Director of the SRMT , Environm ent Division or his delegee.

1.2 Prohibition s

.

(1) Except as m a y per m itted by Section 1.3 and upon obtaining a burn perm it, no entity shall burn, cause, suffer, allo w or perm it the burning in an open or enclosed fi re:

(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 ar ea ( S ee Tr i b al Sol i d Wast e Pl an) ; (g) of rubbish for salvage; (h) of rubbish generated by residential activities as a m eans of on-site disposal; (i) of rubbish generated by industrial or comm e r cial activities other than agricu ltu ral as a m eans of on-site d i s posal; (j) of rubbish generated by land clearing or dem o lition for the erection of any structure; for the construction or modification of any highway, railroad,

power or comm unication line, or pipe line; or for the developm ent or
modification of a recr eational area or park; (k) Broadcast F i re, an area with continuous fuel cover, including but not

lim ited to ha yf ields, crop -f ie lds, grasslands, and lawns; (l) of refuse during an air pollution episode, in an ar ea for which such air pollution ha s been des i g n ated. The Environm ent Divis i on will, f r om time

to tim e, inform the Community of air pollu tio n episodes to which this section applies; or (m ) of tires for any reason, including night-tim e shoreline fishing

.

(2) Creation of Nuisances N o t Allowed. No entity may cause the em ission, from any source whatsoever, of air pollu tant s, contam inants or other subs tances tha t cause injur y or detrim ent to any person, persons, property or the public, nor m a y any entity caus e or contribute to em issions that cr eate o r constitute a nuisance.

1.3 Burning Allow e d by Permit Issued by the Environment Division. B u rning in an open
fire is allowed as follow s only in accordance wi th a pe rm it issued by th e Directo r af ter 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 m a terial generated by land clearing or demolition; for the constr uction or m odi fication of, including but not

lim ited to, any highway, railroad, pipeline, or p o wer or co mmunicatio n line ; o r f o r the developm ent or m odification of a recreational area or park; provided that such burning is done on-site or at an appropr iate designated burning area;

(2) Community Burning Allowed by Perm it. 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 commun ity, of tree trimm i ngs, leaves, or lawn and garden debris in areas of the reservation to be designated by the Director.

(a) Residents ’ Request. The Directo r will consid e rwhether to designate s u ch

an area on ly after receiv ing a reques t by re sidents of the area within which such burning would be conducted. The request m u st includ e a gene ral description of the geographical boundaries of the area, the nam e s of all reside nts within 1⁄2 m ile;

79the m a terial to be burned; the propos ed control m e thods; and the reasons why burning in an open fire should be allowed in such area;

(b) Such designation, if m a de, shall be by rule or regulation adopted in

accordan ce with Tribal Em ergency Pollution Authority Resolution # 89-34. In designating such an area, the Director will set forth any conditions deem e d appropriate to protect Tribal health, safety and welfare;

(c) The Direc t o r shall, f r o m tim e to tim e , review air po llu tion saf e guards in each design ated area to determ ine whet her the d e signation should be rescinded.

(4) Burning at an app r op riate design ated site of toxic, explosive, or dangerous

m a terials; provided that such burnin g is done only in accord ance with a perm it that will be issued by the Director after written appl ication. Such perm it m a y only issue after the

Director determ ines that there is no other sa fe or econom ical m e thod of disposal. Such

perm it will be for a specific perio d and shall contain su ch conditio n s as are d eem ed

necessa ry in the in tere st of health or safety.

(5) Planned Burns. Outdoor Open Burning Pe rm its are required f o r Planned Burns set or supervised by a Public Official in the pe rform a nce of official duties. Such Planned

Burns inclu d e those that are set:

(a) For the p u rpose of weed abatem ent; (b) For th e p r evention of fire haza rd; (c) For the purpose of dis ease and p e st preven tio n; (d) Fires that are necess ary for the train i ng of governm e ntal officials in crim inalenforcem ent.

1.4 Burning Without a Permit Allowed. Outdoor Open Burning Perm its are not required for the following (Prohibited m a terials, Sec. 1.2, m a y not be used to start or fuel fires):

(1) The cooking of food; (2) The providing of war m t h for hum a n beings; (3) Fires for recreational purposes; (4) Fires for religious or cerem onial purposes; (5) Orchard heaters for th e purpose of fr ost protection in far m ing or nursery operations. (6) Fire for fire departm e nt a nd crim inal enforcem ent training. (7) Em ergency control fires.

1.5 Burning Permits. All open burning activities requ iring a written perm it m u st be

obtained from the SRM T , Environm ent Division prior to burn activity. The Environm ent Division Offices are open from 8:00-4:00, da ily, except legal holidays. There is no charge for perm its issued to individual re sidences or agriculture. Business and commercial perm its are $50.00 U.S. dollars payable at the tim e of issuance.

80(1)Burning Perm it Applications

. An application for a bur n i ng perm it s h all inc l ude the
reasons wh y such burning should be perm itted and such other inform ation as m a y be requir e d by the Dire cto r to insu re that su ch b u rning will be unlike l y to resu lt in the violation of Tribal air qualit y standards or to cause unr easonable air pollution. Burning

Perm it Application forms are available from the Environm ent Division, and at the T r ibal
Offices.

(a)If the Dir ector app r ov es such applicati on he will issue a pe rm it that sha ll be f o r a specified period and shall contain such conditions as are deem ed nec e ssary to prevent unreasonable air pollution and the contravention of Tr ibal a i r quality

standard s.

(2)Revocation of Per m it. The perm it m a y 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 burn i ng creates a pu blic nu isanc e ; or (d) the burning is found to c a use or contribut e to a contravention of Tribal air quality standards. (e) High fire danger as determ ined by th e Environm ent Division by hum i dity,

tem p erature, precip itatio n and other f actors.

(3)Right to a Hearing. Before revocation of a perm it, the perm ittee shall have the rig h t to be heard; bu t where, in the opinion of the Di rector, prom pt action is neces sary because of danger to the public health or safety, or to prevent serious air pollution, the perm it m a y be suspended pending a hearing. In the event that the Director is required to revoke a perm it without a hearing, h e /sh e will explain to the perm ittee, in w r iting, th e reasons suppo rting

such imm e diate action;

(4)All Burn ing Perm its are valid fo r dates specified on perm it.

(5)Three (3) copies of the perm it will be m a de:

(a)the original will be kept by the Environm ent Division; (b)a copy will be retained by the perm ittee for the duration o f the perm itted burn

and m u st be m a de available at the burn site upon dem a nd by a ppr opriate officials; (c)a copy will be forwarded to the Hogans burg Akwesasne Volu nteer F i re Departm e nt.

(6)All permits for burns will have conditions th at m u st be m e t otherwise the burn must

not be set or m u st be extinguished. All pe rm itted burning activities m u st conform to the guidelines that are issued with the perm it.

1.6 Enforcement. In conc ert with co mmunity values, efforts to educate people with regard

to the m a ny hazards associated w ith open bu rning and the benefits of proper waste disposal to the greatest extent possible wi ll b e m a de prior to initia ting enf o rce m ent

81actions. It is only when education, awarene ss or any other reasonable m eans to pr event prohibited o p en burning activ ities ha ve f a iled th a t enf o rcem ent will b e co nsidered

.

The provisions of this ordinance shall be en forceable b y the SRMT Environm ent Division, the St. Regis Mohawk Tribal Police Departm e nt, and delegated Conservation
Officers and / or Peacem akers in acco rdance with rules and reg u lations pro m ulgated by th e Environm ent Division. S u ch rules and regulations shall include as a last resort provisions

for the im position of civil penalties, and/ or injunctive relief in the event of noncom p liance with this regulation.

(1) Procedures. Procedures for bringing about a violation of this ordinance shall follow those established by the SRMT for investig ations, summons, and appearance before the

Court

.

1.7 Burning Bans. The SRMT retains the au thority to declare burning restrictions

.

1.8 Penalties/F i nes. Financial penalties and fines and/or other for m of penalty, such as restitution, m a y be levied by th e T r ibal Court against those who violate any section of

this ord i nan ce. Penaltie s and fines will be a sses s ed acco rdin g to the Trib al Court.

82

## Appendix K-TCR2003-06

Appendix A-Tribal Burn Regulation-TCR2002-59

83848586

## Appendix L-TCR2001-04

8788

## Appendix M-TCR2001-26

8990

## Appendix N- Safety and Civil Obedience Plan

91

### AN A C T RE LA TIN G TO MAI N TAININ G TH E P E A C E , WE LL- BEI N G AND SAFETY OF THE COMMUNITY

TITLE: SAFETY AND CI VIL OBEDIENCE CODE

PURPOSE: The purpose of this act is to ensur e the safety and well-be ing of the Mohawk
Communit y and t o maint a in t h e peace on the St

. Regis Mohawk I ndi an Territor y and to protect the health, safety, and welfar e of both the members of the St. Regis Mohawk Tribe an d the general public withi n th e territory , and to presc r ibe
conduct whi c h unj ustifiably and inexcu sabl y causes or t h reatens to cau s e subst antial harm to i n di vidu als or publi c i n terests.

DEFINITI ONS: There are no words or phr ases in this Act that requir e f u rther elabor ation than what is pr ovi d ed for in this act.

JURISDI C TION: The St. Regi s Mohawk Tribal Police are her e by authori z ed and gi ven jurisdi c tion
within the ex ternal boundari es of the Mohawk Territory to respond to complaints

, reques ts for ass i s t ance, reports of pr oblems and/or any ot her t y pe of inquir y reasonably relat ed t o their offi cial duties as police officers.

The St. Regi s Mohawk Tribal Police are hereby authori zed to investigate and inquir e int o any and all situations incl uding, but not limited to, incident s of domestic disputes and di sturbances, harassment, dis o rderly conduc t, tres pass

, distur bance of t h e peace, dangerou s ani mals, fer a l ani m al s, medical

em erge n c ies, mot o r ve hicl e a c cid e nt s, d a ngerous or nox i ous materials

, littering and the profusion of garbage or tr ash, assault s , pu bli c congesti on, alleged criminal conduct, illegal ali en reports. Provided furt her: The St. Regis Mohawk
Tribal Pol i ce may respond t o any and all complaints, repo rts, requests or
incident s whi c h have or may ha ve an y effect, dir e ctly or indi rectly, on t h e health, safety or well being of the St. Regis Mohawk Community.

OFF E NSES: The following act s engaged i n by any person(s) or organi zation shall constitute a
violati on of this act:

ARTICLE 1: (A) Dom e stic Dis p ute/Di stur ba nc e: Any conduct resulting in the disruption of
the famil y unit evi d enced by the verbal or physi cal abuse of one famil y member toward another family memb er, inc l uding ex tended fam ily , minors and infants

.

92

### (B) Harassment: Intentional conduc t whic h harasses

, annoys or alarms another

per son, which in character or circum sta n ces i n vol v e s strikin g , ki cki ng, su bje c tin g another person to unconsente d physical contact or attempt s or threat ens to do

s a me, or c o nduc t involv ing repeated ac ts whic h alarm or annoy another and
whi c h ser v e no legiti mate pur pose. (C) Disor d erly Conduct: Ver bal or physical conduct intendi n g to cause public or
indivi dual inconveni e nce, annoyance or alarm by means of viol ent, t u multuous, or threatening behav ior, unreasonable noi se, abusi v e or obscene language or gestures, impeding vehi cular or pedestri an traffic, disruptive public congregati on, failure to comply with la wf ul police orders, creati ng hazar d ous or physi call y offens ive c o ndition by any ac t ser v ing no legitimat e pur pose. (D) Trespass: Conduct wherein a per son kn owingl y enter s and remains
unlawfull y in or upon premi s es (E) Da ngerous and/or Feral Anim als: The inadequate, i m pr oper, negligent or
abusi v e care and maintenance of domestic or Fer a l anim als that adversel y effect
or threatens t o adversely effect the health , safety or well-bein g of individual s or the community at large. (F) Disturbing t h e Peace: Intentional conduct which in character or
circum sta n ces r e sul t s or thr e a t ens to re su lt in the dis r uption of the general peac e and qui et enjoyment of indivi dual s or the public in thei r privacy and properties, or
whi c h results or thr eatens t o resu lt in causing un l a wful assembly. (G) Dangerous or No xious Material s: Any negligent or inad equate use, stor age or disposal of dangerous or no xio u s mat e rials or sub s ta nces that effect or may affect the health, safety or general well-being of in dividuals or the community. (H) Littering: The unlawf ul di sposal or dumping of trash or unwanted materi als i n or upon public or pri v ate l a nds or roadways. (I) Profusion of Gar b a g e or Tr as h: T he inadequate and/or improper containment or storage of common garbag e, trash or debris generat e d from the day by day hous ehold bus i ness or commercial activities of an indiv i dual, family or organizati on 1

PROCEDURE:
1. Authorized Enfor c ement Agency : The St. Regis Mohawk Tribal Police are the only Tri bal entity authorized t o execute and enforce thi s Tribal Code.
2. Proc edur e on Viol ation: Any person charged wit h vi olating a pr ovi s ion(s)
of thi s act must first be ad vi se d of th eir co nd uct gi vin g rise t o the viol ation.
After bei ng so advi sed, the violat or wi ll be issued a Ci vil Disobedi ence summons in the for m prescri b ed by t h e St. Regi s Mohawk Tribal Police Commi ssi on. The summons mu st cont ain at a minimum sufficient det a il to
advise the violat or of the exact provi s ion of this Code whi c h was allegedl y violat ed, t he dat e and time of the vi olation, an ex ac t date and time the

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### violat or must appear at the Peac ekeeper s Court, Civi l Disobedi ence Divi sion.
3. Right to Long Form Complaint: Prior to a per son’s initial appearance
befor e the Court, a violat or may req uest a long f o rm Complaint from the complainant officer a) the long form complai n t pr ovi d ed for in this se ction mu st co ntain
suffici ent factual allegations in narr ative for m , descri b ing with
suffici ent detail t he violat or’s cond uct al leged to have been engaged
in which constituted a vi olati o n of thi s Code. Su ch co mpl a int sh all b e sworn to or affirmed under penalty of perjury.
4. He aring upon the Filing of Ci vil Disobedie n ce Summ ons and/or Long
Form Ci v il Disobe di en ce Co mp lain t: The Peacemaker s Court, Civil
Disobedience Divi si on shall be the ar biter of all summons and compl a int s filed under the act.

(A) Peacem akers Court, Civil Disobedience Di visi on: The Peacemakers Co urt Civil Diso be di en ce Di vision shall b e co mpri sed of two (2) members of the St. Regi s Mohawk Tribe who shall sit as
Peacemaker s. 1. Initial composition (effective 2000, to July 2003)

The initial arbiters on the Peacem akers Court Civil Disobedience
Divi sion shall be appoint ed to the po siti on upon majorit y vote of the St. Regi s Mohawk Tribal Council. Said arbiters shall serve until July 2003, at whi c h time the positions sh all be pos t ed for elec tion at the
annual June election of t he Tribe, a n d sai d p o siti on s sh all be vot ed upon by member s of the St. Regi s Mo hawk Tribe. Re moval of either of the appoint ed Peacemakers of the Peacemakers Court Civil
Disobedience Divi si on can only be done by unanimous cons ent of
the elected Tri bal Chiefs AND Sub- Chiefs of t h e St. Regis Mohawk
Tribal Council.

2. Compositi on (effecti v e Jul y 2003)

There shall be el ected from th e member ship of the St. Regis
Mohawk T r ibe two pers ons to ser v e as Peacem aker s of the
Peacemaker s Court Civil Diso be dien ce Divi sion. Ea ch sh all ser v e a term of three years. Eligibility to hold this position, and removal from
offic e , shall be made purs uant to the established rules, ordinances,
resolutions , and c u s t oms of the St. Regis Mohawk Tribe for the
election of Tribal offi cial s.

(B.) Com pensation:

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### Persons elected to this position shall be entitled to mone tar y co mp en sa tion set by the St. Regis Mo hawk Tribal Council. (C) Hearing and deci ding a summ ons an d/or long form com p laint filed pursuant to this Act:

1. Order of presentation. The complainant, after being ad mi nister ed an oath by the Peacemaker, shall be t h e fir s t to address the Peac emak ers Court
Civil Disobedience Divi sion. The complainant sh all de scrib e to th e Peacemaker the vi olation of this Act and the conduct engaged in
whi c h resulted in t h e per s on violat i ng t h is act. The complai n ant may
also submit additi onal relevant ev idence to support the charge(s). Upon fini shing t h is presentati on, th e all e ged viol ator shall then be given the opportunity to rebut the evidence pr esented i n support of
the summons and/ or long f o rm complaint, and the presentation made by t he complainant.

2. Burden of Proof. It is the burden of the compla inant officer to prove by a preponder ance of evidence, t h e a llegations made in the summons and/or complai n t.

3. Evi d entiary issues.
The Peacemaker is free to ac cept or deny th e pr esentati on of any
relevant materi al evi d ence or te stimony to be pr esent e d t o the
Peacemak ers Court Civ il Disobedience Div i sion by either the compl a inant officer or the alleged vi olat or.

4. De cisi o n Ma kin g

. The Peacemaker shall ma ke a det ermi nation only after an adequate period of t i me to r e view all the materi al befor e hi m or her and upon

tes t imony given to him or her. Th e Peac emak er s h a ll then make a
deter mination either written or or ally to the complainant and the alleged vi olator.
4a. Determination in favor of Com p lainant Officer After making this determinatio n the Peac emak ers Court Civil
Disobedience Di visi on may as sess a monetar y judgment,
within t he paramet e r s pr ovi d ed for in thi s act, upon t h e viol ator
and based solel y upon the evidence before it.

The vi olat or has the opportuni t y to appeal this decision to the St. Regi s Mohawk Tribal Counc il by delivering within thirty days to t he St. Regi s Mohawk Tribal Coun cil a copy of all

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### paper s before t h e Peacemaker s Court Civil Disobedienc e Divi sion i n cl udin g a re cei p t evi d e n ci ng t h e satisfa c tio n of judgment.
4b. Determination in favor of the violator. After making thi s deter minatio n the Peacemak er sh all so
advise the vi olator that the ev idence is insufficient to find against hi m or her and the v i olation is unfounded. T he

c o mplainant has no righ t t o Appeal thi s de cisi on to t h e St

. Regis Mohawk Tr ibal Council.
4c. Di sm issal determ ination. The Peacemaker, upon gr ounds wh ic h he or she mus t inc l ude in written form and –make part of the r e cord, ma y di smi s s a summons and/or long for m co mplaint on its own motion for
reasons therei n stated. Eit her party may appeal this
deter mination. (D) Issuance of Determ ination of Judgm ent: The Peacemaker Court Ci vil Diso be dien ce Di visi on, after m a ki n g its
deter mination, shall cause to be provid ed to the viol ator and complainant a written copy, or if done or ally, a spoken directi v e, of its determination. If the
deter mination is against the violator, and requires the payment of a

monetar y amount to sati sfy the judgment, the Pe acemaker s Court Civil
Disobedience Divi si on sha ll so advise t h e viol ator of sai d amount and the means upon which t o sa ti sfy t he judgment.

(E) Satisfaction of Judgm ent:
A violat or upon whom a deter m inati o n of judgment has been issued, which requir e s t he payment of a monetary amount, shall cause to be paid the amount of judgment to the Peacem akers Court Civil Disobedience
Divi sion, Upon t he receipt of these monies, the Peacem aker s Cour t Civil
Disobedience Div i s i on shall caus e to be delivered to the vi olator a recei p t
whi c h at a mini mum acknowledges the r e ceipt of t he monet a ry amount, it
sh all al so cle a rly i n d i cate if a n y bal ance is due and owi n g. Upon the full payment of judgment, t he Peacemaker s Court Ci vil Disobedience Di visi on

s h all caus e to be attached to the re ceipt a Satisfacti on of J udgment Statement signed by a Peacemaker.

Nothing in this Act shou ld be c ons trued as prev enting a v i olator, upon whom a summons and/or long form complaint ha s been issued, from
advisi ng t he Peacemaker s Court Ci vil Di sobedience Di vi sion of their intent
to wai v e t he opport unity f o r a hearin g before the Peacem ak er, and cons en t
to the Peacemaker to se t the amount of judgm ent to be paid by the
violat or, Such a waiver shall be i n th e form of a no contest submi s sion i n writing.

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### (F) Fail ure to satisf y j u dgm e nt, or if appli c able, judgm e nts: Should a viol ator fail to satisfy a jud g m e n t la w f u l ly iss u e d by th e Peacemaker s Court Civil Disobedienc e Divi sio n

, the S t. Regis Mohawk Tribal Council shall, by written notice, notify the viol ator that t he St. Regis
Mohawk Tribal Council is pursuing their claim agai nst the viol ator by al l
lawful means available to th e St. Regi s Mohawk Tribe.

(G) Alternative Civil Ju dgm ent and Sentenci ng: After presentation of a matter pur s uant to the abov e proc edure and as ter the peacemaker s Court Ci vil Disobedien ce Divi sion, ha s m a d e its de cisi on, in appropr iate circumst ances a requ est can be made by the presenting
officer or the respondent violat or for an al ternative sentence of counsel i ng, rehabilitation, treatment or community service.

If s u ch reques t is made the Peac em aker s Court Ci vil Disobedi ence Divi sion shall m a ke a fa ctual deter m ination on t he reco rd whether such alternative is appr opriate or not. If such alter nati v e i s found appr opri a te then any f i ne i m posed shall be suspe nded and an appropriate alter nat ive sentence of counseling, rehabilitati on, treatment, or community service may be imposed and moni tored by t he Court

. Written evidence of

su cce ssf ul co mpl e ti on of any alternative sent ence shall be required and upon receipt the Ju dgment of the Peacemakers Court Civil Disobedi ence Divi sion shall be deemed sati sfied.

MONETARY JUDGMENT Upon a fi nding by the Peacemaker’ s Co urt Civil Disobedience Divi si on t h at a
per son vi olated one or more applicabl e pr ov is ions of this Ac t a Peac emak er is hereby authorized t o levy a civ il monet ary judgment agai ns t such violator in an
amount of at l e ast fif t y ($50. 0 0) doll ars bu t in n o ca se m o re th an two hundred fifty ($250.00) dollar s

.

AMENDMENTS
Thi s act may be amended pur s uant to t he regulat o ry pr ocedures of t he St. Regis Mohawk Tribe at any time the T r ibal Counc il deems suc h amendments to be

necessar y for the proper functi on of the gover n mental and admini strati ve entities
of the Tri b e.

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

98FOR IMMEDIATE RELEASE For additional inform ation, contact: Tuesday, July 24, 2001 Bruce S. Carhart (202) 508-3840

IMPROVE D VISIBILITY IS FOC U S OF NE W EF F O RT BY ST ATE S AND TRI B ES IN MIDATLANTIC AND NOR T HEAS T R E GION (Newport, Rhode Island) Eleven States, the Dist rict of Columbia, and two Indian T r ibes, today announced they would work together to reduce regional haze, which adversely affects national parks and wilderness areas. The newly org a nized M i d

- Atlan tic /Northeas t Visibility Unio n (MANE-VU) will add r ess the cau ses of reg i onal haze and ways to redu ce r e la ted pollutants, thereby im proving vis i bility in the atmosphere. “Regional haze is a m a jor air quality prob lem in our regio n,” stated Christoph er R ecchia, n e w Chair of the organization and Deputy Commissioner of th e V e rm ont Departm e nt of
Environm ental Conserv a tion. “Im p roving vis i b ility by red u cing air po llution will have public

health and econom ic benefits as well as im proving scenic vistas.” Regional haze lim its visibility in the m o st s cenic areas of the country, as well as in urban areas. It is caused by fine par tic les suspended in the a i r tha t at high co ncentration s can cau se signif i can t d e tr im ental h u m a n health ef f

ects. So urces of pollution contri buting to regional haze include burning of fossil fuels and em issions of volatile organics. Curre nt da ta sugg ests tha t th e pollutants that cause regional haze can be tr ansported long distances over State and T r ibal borders, thereby m a king regional cooperation essen tia l. The pollutants th at cause r e g i onal haz e are also linked to other regional air pollution pr oblem s, such as ground-level ozone, acid and nutrient deposition, as well as fine Particles. MANE-VU has been established to support its

m e mbers as they address the requirem e nts of th e Federal reg i onal haze ru le, finalized in 1999, to

im prove visibility at nationa l parks and wild erness areas. As a Section of its f i rst m eeting

, MANE-VU released a new repor t, entitled “ A Basis f o r Control of BART-Eligible Sources,” produced by the Northeast States for Coordinated Air Use Managem e nt (NESCAUM) to support MANE-VU. In this report, NESCAUM analyzes potential sources of air pollution which m a y contri bu te to r e gional haz e in the Mid- Atlantic and Northeast region, and which could be the subject of a rule proposed by the U.S. Environm ental Protection Agency (EPA) to reduce em issions fr om such sources. The report can be found at

www.nescaum .org. Participating State and Tribal m e mbers include Connecticut, Dela ware, the District of
Colum b ia, Maine, Maryland, Massachusetts, New Ha mpshire, New Jersey, New Yor k, Pennsylvania, the Penobscot Indian Nation, Rh ode Island, the St. Regi s Mohawk Tribe, and

Verm ont. Participa ting Federal m e mbers inclu d e the U.S. Environm e n tal Protection Agency, National Park Service, U

. S. Fish and W ild life Service, and U. S. Forest Service.

99