Reviewing NSR and Title V Permits. Public Review vs “affected state” Review: advantages of TAS for section 505. Natalene Cummings Forest County Potawatomi Tribe. Getting started with permit review. Get some training Can gain authorities to strengthen your air program Jump in!!.
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Reviewing NSR and Title V Permits
Public Review vs “affected state” Review: advantages of TAS for section 505
Forest County Potawatomi Tribe
Get some training
Can gain authorities to strengthen your air program
Under Tribal Authority Rules, 40 CFR part 49
Authorizes EPA to treat tribe in same manner as a state for implementing and managing air quality programs
Applies to grants, Title V review, Interstate pollution abatement, designation authority, and TIP’s
Under TAS, tribe can develop or implement its own air quality program
Tribe’s comments on permit must be incorporated
Must be explained IN WRITING, copy of rationale sent to EPA
Oklahoma court just vacated application of TAS to non-Reservation lands
(Bob Gruenig – [email protected])
Under TAS, tribe can pursue EPA enforcement against upwind polluters
Having TAS is first step toward writing Tribal Implementation Plan
If TAS in place before problems arise, easier to address problems
Creates “mandated” government-to-governmental relations/communication
“No one can make you feel inferior without your consent” – Eleanor Roosevelt
Understand the numbers
Look at Modeling Results
Look at “permit variables”
“Good enough” is good enough
Concerns will be different for each Reservation
Type of facility
Pollutants of concern?
Magnitude of pollutant emissions
Reputation of facility
Distance from Reservation
How close to NAAQS are the emissions?
How complicated is permit?
Is the source expected to meet Ambient Air Quality Standards? Do Class I standards apply?
Modeling is very complicated, models can be “gamed”—be aware whether a variance from protocol was granted
Can ask to see modeling protocol agreed upon between state agency and facility
See epa.gov/epahome/models.htm for info
Many items require judgment calls by permit engineer
The more permits you review, the better you will get at it!
Read the TSD first for explanation of processes and limits
Be sure every requirement has: monitoring, reporting, and recordkeeping associated with it
Make sure permit has “outs” or ways to change the permit if results are unacceptable
EPA doesn’t review all permits, but sometimes “takes requests” from tribes
USFS, USFWS, NPS have lots of expertise in air quality due to Class I areas
Have affirmative duty to protect air quality
Federal agencies have trust responsibility toward tribes
Class I standards are stricter than most state standards
Check calculations and emission factors
Look up regulations referenced in the permit for understanding and applicability (modeling, monitoring methods, etc)
Can look at permit application
Read any studies referenced
TAS is a versatile tool
Get TAS before you “need” it
Permit reviewing is a long-term, on-going skill
You will learn much faster if you ask questions