# Pulling it All Together Using This Training to Implement NSR Laura McKelvey OAQPS

# NSR is an Important Air Quality Management Tool

• Supports attainment and maintenance of the NAAQS 

### • Puts source specific requirements in place 

### • Allows for public involvement in local decision making 

### • Provides clarity for sources on source operation

# Roles for Tribes in NSR
• Remember: Tribes MAY develop TIPs for on-reservation NSR programs under the TAR 

### • Tribes can take Delegation of the Federal Program 

### • Tribes can comment and participate in permit development of Federal and State issued permits

# All EPA Rulemakings: • MUST go through public comment – Proposed rules are published in the Federal Register and EPA maintains a rulemaking docket (section 307(d))

– www.regulations.gov 

### • Citizens can petition the Court of Appeals for review of EPA rules (section 307(d)) -- courts can overturn EPA rules that are:

– Missing some bullet points here 

### • NOTE: SIP approvals are rulemaking actions and must undergo public comment

# Federal and EPA Policies
• EO 13084 on Consultation and Coordination with Indian Tribal Governments (13175 is newer?) 

### • Presidential (Bush) Memo Gov-to-Gov Relations w/ Native American Tribes 

### • EPA’s 1984 Indian Policy 

### • EO 12898 and Memorandum on Environmental Justice 

### • Bottom Line: we are suppose d to provide for meaningful Government to Government consultation on anything that has Tribal Implications

# State Permitting • All CAA permits require a notice and comment period (NSR and Title V) 

### • Generally each state requires (at minimum for major sources ) notice by:

– Publication in a newspaper

– 30 day comment period 

### • Permit Appeals

– Follow the state mechanism, but each state must have a mechanism for appeal

– As a general rule, only those who commented on the original permit can appeal the issuance of the permit

# Citizen Suits (Section 304 

# )
• Citizens can directly sue any source for:

– Violating permits

– State or national standards

– Constructing a major emitting source without a permit 

### • Citizens can also sue EPA for failure to perform an act or duty that is not discretionary (section 304(a)(2))

# Other options for Tribal Governments A Tribe may seek “treatment in the same manner as a state” (TAS) status for most programs (TAR, 40 CFR part 49) • TAS for Section 505(a)(2): When any Title V permit, within 50 miles of a reservation border in a contiguous state, may affect the air quality on the reservation, a tribe is entitled to notification, and an opportunity to comment on the application. If the permitting authority in that state fails to accept the Tribe’s recommendations, it must explain why in writing to the Tribe and EPA • TAS for Section 126 entitles a tribe to additional notification rights for reviewing NSR permits; notifications on existing sources, and; the opportunity to petition the Agency that a source or group of sources emissions contribute to violations of the NAAQS on the reservation

# Participating on Federal and State Permits is easier said then done! • Establish relationships with permitting agencies • Work with RO and HQ for technical support • RO may need to lean on the states to encourage early involvement • Ask RO for notification of the permit upon receipt from the state • TAS for permit review to have notice “as an affected State” • Talk to the state about adopting guidelines on issues like:

– Consultation

– Alternative site analysis

– See the Ten Commitments handout (?) • Look in the Federal Register, local and state newspapers and websites to find out when new permits are proposed • Submit written comments!!! • Look for friendly environmental organization, groups or associations to leverage your work with • Other ideas??