Embed Size (px)
Citation preview
How to get Tribal Permitting Authority: Options and
Procedures
Nancy Mayer
U.S. EPA OAQPS
2
Possible Programs
Nonattainment New Source Review
Prevention of Significant Deterioration (PSD)
Minor New Source Review
3
Options for assuming permitting authority
Tribal Implementation Plan (TIP)– Get Treatment as a State (TAS) certification – Develop, write, adopt own regulations– Submit to EPA for approval– Implement the plan
Administrative Delegation – assist EPA to run program– Implement all or part of federal regulations– Submit request to EPA for approval – Currently not allowed for PSD
4
Implementation Plans
Code must meet federal minimum – Can incorporate by reference
Tribe needs certification to be treated as a state
Tribe must show technical capability Implementation Plan approval process Provide copies of permits to EPA
5
Treatment as a State
Recognized tribe “Substantial governmental duties & powers” Jurisdiction over a defined area Only once for each tribe
6
Technical Capability Differences
For Treatment as a State certification – Show reasonable expectation of having the
capability
For authorization for a specific regulation – Must show current actual capability
7
Delegation
Implements federal rule Can be piece of federal rule Name the tribal land
– No need to provide geographic specifics
Show capability to do activity Provide draft permits to EPA Provides experience which may lead to TIP
8
PSD
Federal rule is 40 C.F.R. 52.21 No delegation allowed at this time Tribe may develop and implement their own
regulations
9
Nonattainment NSR
Currently can adopt own regulations & be treated as a state
When tribal NSR rules are promulgated– Ability to accept delegation
All or part of program
– Ability to develop and implement simplified TIP
10
Minor NSR
Similar to Nonattainment NSR
Currently can only accept authorization through a TIP
Eventually able to accept through delegation AND have simplified requirements for TIP
11
Summary
TIP like SIP for all programs Later for Nonattainment and Minor NSR
– Accept authorization by delegation – Can choose to adopt simplified TIP regulations
