I. New Source Permitting Programs

A

. Review of major sources and modifications in nonattainment areas ( NSR

Nonattaainment )

B

. Review of major sources and modification in attainment areas (prevention

of significant deterioration ( NSR PSD)

C

. Re view of minor Sources (Minor NSR)

II. Possible types of Author ization

A. Nonattainment NSR

1. Implement Federal rules through a n Administrative Delegation

agreement.

2. Develop and implement your tribe’s rules through a Tribal

Impleme ntation Plan (TAS)

a.

B. NSR PSD

1. Implement Federal rules through an administrative delegation is

currently prohibited under 40 CFR 52.21 (u)

2. Develop and implement through a Tribal PSD Implementation Plan

C. Minor NSR

1. Implement Federal rules through an administrative delegation

Agreement

2. Develop and implement through a Tribal Implementation Plan

III. How to request delegation?

A. What documents are needed ?

B. Who do you send the documents to ?

C. What is the review process ?

IV. Nonattainment NSR Administrative DelegationA. Options

1. Enforcement

2. Applicability

3. Analysis

B. Process Description

C. Needed Documents

1. Eligibility statement

a. S tatement that the a pplicant is a tribe recognized by the

Secretary of the Interior;

b. A descriptive statement demonstrating that the tribe is currently

carrying out substantial governmental duties and powers over a

defined area.

c

. Identification of geog raphic area covered under delegation. This

requires the name of the tribal land(s) covered under the request.

This does not need to describe in detail the geographic outlines of

the area.

d . A statement b y the tribe’s legal counsel. This section

contains legal certifications that the tribe has set up a

structure that is legally authorized to perform the requested

activities.

Other Documents

1. Identification of the specific provisions for which delegation is

requested . This will contain a list of federal statutes that the

tribe wishes to implement on tribal lands.

2. . Demonstration that the tribal agency has the technical

capability and adequate resources to administer the FIP

provisions for which the delegation is requested. This

section contains lists of technical expertise and resources

available to the tribe.

D. Elements of the agreement

1. Description

2. Sample

E. Implementation of agreement

1. Tribal responsibilit ies2. EPA responsibilities

V. Nonatttainment NSR TIP

A. Options

1. Incorporation by reference or write new rule

2. Optional Exemptions

B. Process Description

The general process timeline for getting your nonattainment NSR TIP approv ed consists

of the following steps:

• Develop the rule that contains the regulatory provisions of the program in consultation

with appropriate stakeholders

- community (including communities of concern), industry,

academia, environmentalists and regulators . For programs that do not require regulations

(e.g., education or incentive programs to reduce consumer power demands), then the

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the

program is implemented.

• Prepare documen tation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides

whether the rule submittal is complete.

• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA

Regional Office will return the submittal. At this point, the tribe may revise the rule

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Imp lementation Plan revision in the Federal

Register and solicits comments on the rule from the public. Based on the public’s

comments, EPA may require that the Tribe make changes in the rule, prior to final

approval.

• The EPA publishes the final approval of the (original or modified) rule in the Federal

Register. Even though a Region may choose to use the direct final processing procedure

for noncontroversial actions, it is very unlikely that any action using this policy will be

noncontroversial.

C. Documents needed

1. Cover letter

– description and sample

2. Eligibility statement

— description and sample

– TASa. A statement that the applicant is a tribe recognized by the

Secretary of the Interior;

b. A descri ptive statement demonstrating that the tribe is currently

carrying out substantial governmental duties and powers over a

defined area.

c. Specific geographical description of the tribe lands.

3. Sample incorporation by reference rule

4. Sample other rule

D. Implementation process

1. Tribal responsibility

Transition

Longterm

Copies to Administrator

Once the Tribal Agency begins reviewing and issuing minor

source permits, the tribal agency must provide to th e Administrator

a copy of each permit application (including any application for

permit revision) and each draft permit if the agreement requires

such transmittal unless the agreement waives this requirement.

With the Administrator’s consent , the delegate tribal agency may

submit to the Administrator a permit application summary form

and any relevant portion of the permit application, in place of the

complete permit application. To the extent practicable, the

preceding inform ation should be provided in electronic format as

requested by the Administrator.

Records retention

Where a delegate tribal agency prepares draft or final permits or

receives applications for permit revisions on behalf of EPA, the

reco rds for each draft and final permit or application for permit

revision must be kept by the delegate tribal agency for a period not

less than 5 years. The delegate tribal agency must also submit to

the Administrator such information as the Admini strator may

reasonably require to ascertain whether the delegate tribal agency

is implementing and administering the delegated program in

compliance with the requirements of the Act and of this program.1. EPA responsibility

Transition

1) The Administrator will suspend the issuance of nonattainment

major NSR permits under this program promptly upon

publication of notice of approval of an implementation plan

with a major NSR permit program for nonattainment areas.

(2) T he Administrator may retain jurisdiction over the permits for

which the administrative or judicial review process is not

complete and will address this issue in the notice of

program approval.

( 3) After approval of a program for issuing nonattainment major

NSR permits and the suspension of issuance of

nonattainment major NSR permits by the Administrator,

the Administrator will continue to administer

nonattainment major NSR permits until permits are issued

under the approved implementation plan program.

Longterm

VI. NSR PSD TIP (TAS)

A. Options

1. Incorporation by reference or write new rule

2. Optional Exemptions

B. Process Description

The general process timeline for getting your NSR PSD TIP approved consists of the

following steps:

• Develops the rule that contains the regulatory provisions of the program in consultation

with appropriate stakeholders

- community (including communities of concern), industry,

academia, environmentalist s and regulators. For programs that do not require regulations

(e.g., education or incentive programs to reduce consumer power demands), then the

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the

program is implemented.

• Prepare documentation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides

whether the rule submittal is complet e.• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA

Regional Office will return the submittal. At this point, the tribe may revise the rule

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Implementation Plan revision in the Federal

Register and solicits comments on the rule from the public. Based on the public’s

comments, EPA may require that the Tribe make changes in the rule, prior to final

approval.

• The EPA publishes the f inal approval of the (original or modified) rule in the Federal

Register. Even though a Region may choose to use the direct final processing procedure

for noncontroversial actions, it is very unlikely that any action using this policy will be

noncontrovers ial.

C. Documents needed

1. Eligibility statement

a. A statement that the applicant is a tribe recognized by the

Secretary of the Interior;

b. A descriptive statement demonstrating that the tribe is currently

c arrying out substantial governmental duties and powers over a

defined area.

c. Specific geographical description of the tribe lands.

Other Documents

D. Implementation Process

1. Tribal responsibilities

2. EPA responsibility

VI. M in or NSR Administrative Delegation

A. Options

1. Incorporation by reference or d raft new rule

B. Process Description

C. Documents Needed

1. Eligibility Statement

a. A statement that the applicant is a tribe recognized by the

Secreta r y of the Interior.b. A descriptive statement demonstrating that the tribe is currently

carrying out substantial governmental duties and powers over a

defined area.

c

. Identification of geographic area covered under delegation.

This req uires the name of the tribal land(s) covered under the

request. This does not need to describe in detail the geographic

outlines of the area.

d

. A statement b y the tribe’s legal counsel. This section contains

legal certifications that the tribe has set up a structure that is legally

authorized to perform the requested activities.

2. Other Documents

a. Identification of the specific provisions for which delegation is

requested. This will contain a list of federal statutes t hat the

tribe wishes to implement on tribal lands.

b. Demonstration that the tribal agency has the technical

capability and adequate resources to administer the FIP

provisions for which the delegation is requested. This

section contai ns lists of technical expertise and resources

available to the tribe.

D. E lements of Agreement

E. Implementation of Agreement

1. Tribal responsibilities

2. Tribal responsibility

VII. Minor NSR TIP (TAS)

A. Options

1. Incorporatio n by reference

2. Complete new rule

B. Process Description

The general process timeline for getting your minor NSR TIP approved consists of the

following steps:

• De velop s the rule that contains the regulatory provisions of the program in consultatio n

with appropriate stakeholders

- community (including communities of concern), industry,academia, environmentalists and regulators. For programs that do not require regulations

(e.g., education or incentive programs to reduce consumer power demands), the n the

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the

program is implemented.

• Prepare documentation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides

whether the rule submittal is complete.

• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA

Regional Office will return the submittal. At this point, the tribe may revise the rule

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Implementation Plan revision in the Federal

Register and solicits comments on the rule from the public. Based on the public’s

c omments, EPA may require that the Tribe make changes in the rule, prior to final

approval.

• The EPA publishes the final approval of the (original or modified) rule in the Federal

Register. Even though a Region may choose to use the direct final processing procedure

for noncontroversial actions, it is very unlikely that any action using this policy will be

noncontroversial.

C. Documents Needed

1. Eligibility Statement

a. statement that the applicant is a tribe recognized by the

Secretary of the Interior;

b. A descriptive statement demonstrating that the tribe is currently

carrying out substantial governmental duties and powers over a

defined area.

c. Specific geographical description of the tribe lands.

2. Other documents

a. proof that the rule was adopted by the tribal government, the

date of adoption, as well as the effective date of the program, if

this information is not already included in the program.

b. evidence that the program is consistent with the pr ovisions of

CAA Section 110(a)(2)(E).

c. a copy of the rule , indicating the changes made to the

existing approved Tribal Implementation Plan where applicable.

d. proof that the State adopted the measure/program into the

appropriate St ate mechanism (e.g., your applicable tribal rules)

and the date adopted.

e. proof the Tribe followed all the procedural requirements in the

Tribe’s laws and constitution in conducting and completing the

rule.

f. proof that the Tribe ga ve public notice of the proposed changes

consistent with procedures approved by EPA, including the date of

publication of this notice.g. Proof that the tribe held public hearings consistent with the

information in the public notice and the T ribe ’s laws and

constitution.

h. Proof that the tribe established explicit procedures for including

the public in the program implementation, to address any

environmental justice issues.

D. Elements of Agreement

– description and sample

E. Implementation Process

1. Tribal responsibilities

Transition

Long term

Copies for Administrator

Once the Tribal Agency begins reviewing and issuing minor

source permits, the tribal agency must provide to the Administrator

a c opy of each permit application (including any application for

permit revision) and each draft permit if the agreement requires

such transmittal unless the agreement waives this requirement.

With the Administrator’s consent, the delegate tribal agency may

submit to the Administrator a permit application summary form

and any relevant portion of the permit application, in place of the

complete permit application. To the extent practicable, the

preceding information should be provid ed in electronic format as

requested by the Administrator.

Retention of records

Where a delegate tribal agency prepares draft or final permits or

receives applications for permit revisions on behalf of EPA, the

records for each draft a nd final permit or application for permit r

evision must be kept by the delegate tribal agency for a period not

less than 5 years. The delegate tribal agency must also submit to

the Administrator such information as the Administrator may

rea sonably require to ascertain whether the delegate tribal agency

is implementing and administering the delegated program in

compliance with the requirements of the Act and of this program

.

2. EPA responsibilities

Transition(1) The Adminis trator will suspend the issuance of minor NSR

permits under this program promptly upon publication of notice of

approval of an implementation plan with a minor NSR permit

program for that area.

(2) The Administrator may retain jurisdiction over the permits for

which the administrative or judicial review process is not complete

and will address this issue in the notice of program approval.

(3) After approval of a program for issuing minor NSR permits and

the suspension of issu ance of minor NSR permits by the

Administrator, the Administrator will continue to administer minor

NSR permits until permits are issued under the approved

implementation plan program.

Long term