Leech Lake Permit Review

1. Leech Lake PermitReview Brandy Toft Air QualitySpecialist Minor NSR Workshop

2. Leech Lake Title V Permits and area sources of Concern 3 Area of concern 19 Title V’s Wood products Wood Products 2 Great Lakes Compression Station Paper mill Waste incinerator Coal EGU 2 Largest MN Coal EGU Waste EGU Over 250 area sources within the Reservation Boundaries Title V facilities of concern to the LLAP 19 clustered Title V facilities of concern

3. Howwegoabout a permitreview Daunting task – States have multiple engineers- Tribal Air Professionals are multi functional. • 1st – read: • The permit notification – 1 page • The technical document – few pages • Peruse permit – 100’s of pages • 2nd – find a tribal colleague to discuss • 3rd – call the permit engineer for the permit • 4th – chat with other interested parties (FLMs) • 5th – re-connect with tribal colleague • 6th - write comment letter It’s that easy…?

4. Reviewing – it ain’t easy…but needed • Takes time to attain a comfort level • Technical terms • Operations and configurations • Differ types of facilities • Rules/ laws/ NAAQS • Industry trickery… • Research processes, contact others in air field from other agencies • FLMs • Stakeholder groups (Citizen, Enviro, ect) • Tribes This could be especially beneficial for Tribes without good State relations…

5. Permit Engineer Involvement • Most permit engineers are ecstatic that someone is taking interest in their permit • Don’t be afraid to ask questions or for explanations • Vampire theory – They have to be invited in… • Always remember to ask “What question should I have asked?”

6. Minnesota Tribal Notification • LL Attained TAS in 2007 • Currently 4 of 11 have or in process of TAS in MN • State granted all Tribes in MN “pseudo TAS” for ease of notification of permits • State established a guidance document • laying out notification process, • timelines for all TV permits, • Tribes indicate areas of interest. For the Guidance to work we have to work together…

7. Minnesota Tribal Notification • Permit engineer contacts the Tribe ASAP in permitting process, well before the public period • State updates and maintains Tribal contact list and areas of interest quarterly • Crossed over from air to include water permits and others • Used as a guidance document for other States Minnesota Pollution Control Agency Guidance On Air Quality Permit Consultation with Indian Tribal Governments

8. MN to Region V EPA • With precedence set in MN – wanted equal notification from R5 • Formulated a list for R5 for air, water, mining, permitting and environmental contacts • Updated every six months • Have yet to be contacted by EPA for a state permit in review… yet…

9. TV to Minor Sources • Looking forward to adding the review of minor sources – see later case study • Who/how do older sources register? • How will we be notified of review and comment? • Do and when do we take on delegation? • Here, along side you, to learn more and gain more in the tribal network…

10. Get Learned… • Attend trainings, conf calls • Facility tours • Learn the processes and equipment • Make friends/create relationships • R5 Tribal TV Workshop Feb 1 & 2 • 1/4ly Tribal Mining meetings with the State • NETWORKING!!!

11. Submitting Comments • Comments can be 1 to 10 pages depending on the permit • Can be both positive and negative • Submit via email • Sign for LL – quicker process

12. Involvement vs. Comments “We don’t want your comments, We want your participation!” • Get involved early • EIS/EAW • Permit application • 90% of the permit is done by public comment • Permit engineers “hate” the 30th day comment • Permit fast track legislation – get involved early!

13. Commenting • Be as specific and concrete as possible • Provide notations where found, notations of Rule • Focus on main emission sources, combustion sources • Narrow to main pollutant emitting units and investigate those for process and emission controls • Your not going to catch it all… • network and practice!

14. Why Comment? No Comment… No Recourse! • Comment even if is short, simple – Ensures you are part of the process • Can appeal permit to State or Federal appeals board ONLY if you commented on the permit! • Ensure you are appealing to the correct board

15. Leech Lake Minor Source Case Study

16. Current Minor Source issue… • Wood products sawmill with kiln • Emitting large particulates, limited opacity • Located within a city on the Reservation in a residential area on private land • Complaints from Residents • Work with City Mayor and residents • School Air Toxics site

17. Know your rights… • Contacted EPA to inspect/find out issue • Didn’t want to assist, tried to forward onto State • Called up EPA reinforcements, sited TAR, Trust Responsibility… called off the State • Currently in process of a potentially 3rd CAA 114 letter • Our goal is to bring facility into compliance and see a permit registration for the facility

18. NSR from State to Federal Permit • Minnesota State has all permits lumped into one database without a way to query • MPCA Currently updating system • Some sources don’t have even State permits • LL plans to work with the State, Feds, and facility to make a smooth transition and to be fully involved in the process

19. Discussion???~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Brandy Toft Air Quality SpecialistLeech Lake Band of Ojibwe 218-335-7429 air@lldrm.org