United States
Environmental Protection
Agoocy
Developing a Tribal
Implementation Plan
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EPA 452/R-02-010
October 2002
Developing a Tribal Implementation Plan
Prepared by:
Rebecca Battye, Darcie Smith, and Stephanie J. Walsh
EC/R Incorporated
1129 Weaver Dairy Road
Chapel Hill, NC 27514
Prepared for:
Julie McClintock, Work Assignment Manager,
Ozone Policy and Strategies Group
and Ken Woodard,
Integrated Policies and Strategies Group
Air Quality Strategies and Standards Division
US Environmental Protection Agency
Research Triangle Park, NC 27707
Contract No. 68D-00-208
Work Assignment No. 1-6
EC/R Project No. rTP-106
U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Air Quality Strategies and Standards Division
Research Triangle Park, NC
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Disclaimer
The discussion in this document is intended solely as guidance. The statutory provisions and
EPA regulations described in this document contain legally binding requirements. This
document is not a regulation itself, nor does it change or substitute for those provisions and
regulations. Thus, it does not impose legally binding requirements on EPA, Tribes, or the
regulated community. This guidance does not confer legal rights or impose legal obligations
upon any member of the public.
While EPA has made every effort to ensure the accuracy of the discussion in this guidance, the
obligations of Tribes and the regulated community are determined by statutes, regulations, or
other legally binding requirements. In the event of a conflict between the discussion in this
document and any statute or regulation, this document would not be controlling.
The general description provided here may not apply to a particular situation based upon the
circumstances. Interested parties are free to raise questions and objections about the substance of
this guidance and the appropriateness of the application of this guidance to a particular situation.
EPA and other decisionmakers retain the discretion to adopt approaches on a case-by-case basis
that differ from those described in this guidance where appropriate.
This is a living document and may be revised periodically without public notice. EPA welcomes
public input on this document at any time.
On the cover: The Cherry Creek Reservation of the Cheyenne River Sioux. Photo courtesy of
the Cheyenne River Sioux (www.sioux.org).
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Table of Contents
Chapter 1: Introduction
Introduction
What is the purpose of this document?
The Clean Air Act ........................................ • .................... 3
What is the Clean Air Act? ................................................ 3
What are the National Ambient Air Quality Standards? .......................... 5
Tribal Air Programs and TIPs ........................... • ........................ 7
Under what authority can Indian tribes adopt Clean Air Act programs? ............. 7
How does EPA determine whether an Indian tribe is eligible under the CAA to be treated
in the same manner as a state? ............. . .......................... 8
0 Request for determination of eligibility? ................... • ...... 8
What is air quality management? ............................................ 1 °
How does a tribe start managing air quality? .............................. : . . 1 1
• What is a TIP and how does it fit into a tribal air program? ...................... 13
What are the benefits of developing a TIP? ................. .... .............. 15
How does a tribe build the capability to develop a. TIP? ......................... 16
What if your tribe chooses not to develop a TIP? ........................... ... 1 7
Conclusion ........... : ............................ ........................... ^
Endnotes ....................... . ........ .................................... 18
Chapter 2: Characteristics of Implementation Plans
Characteristics of Implementation Plans . . , ..................................... 21
Implementation Plan Basics ...... . .............................................. 21
What is an Implementation Plan? .......................................... 21
How do TIPs compare to SIPs? ....................................... '• ---- 22
0 TIPs are optional ...... ............................. .- ....... 22
0 TIPs are modular ........................................... 22
0 TIPs have flexible submission schedules ......................... 23
0 TIPs allow for joint tribal and EPA management .................. 23
Page i
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Where are the Statutory and Regulatory Requirements for a TIP? 24
Developing a TIP 25
What technical information do you need to develop a TIP? 25
<> Emissions Inventory 25
<> Air Quality Monitoring 25
What are the potential elements in a TIP? ; ; 26
0 Maintenance Strategy (for areas that attain the NAAQS or are
unclassificable) 26
0 Attainment Strategy (for areas that are in nonattainment for the
NAAQS) 27
Source Preconstruction Permit Programs 29
0 Regional Haze Plans 29
What elements must accompany a TIP? .- 30
Conclusion 30
Endnotes 31
Chapter3: Goal Setting & Data Gathering for a TIP
Goal Setting & Data Gathering for a TIP 33
Air Quality Designations ' 34
How is air quality classified in relationship to the NAAQS? ,34
0 Attainment Areas 35
0 Nonattainment Areas 35
How are air quality areas determined? : 36
Air Quality Goals 38
What should be considered in setting air quality goals for your TIP? 38
What are some typical initial air quality goals? 39
How can nonattainment areas be redesignated as attainment areas? 40
What if you want to set standards more stringent than the NAAQS? 41
Developing An Emissions Inventory -. 41
What is an emissions inventory? 41
How can an emissions inventory be useful to your tribe? 41
Are there any regulations governing the tracking and reporting emissions? '. .. 42
What types of emissions inventories are there? 42
What is an Inventory Preparation Plan? ' 43
How does your tribe start creating an emissions inventory? 44
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Developing An Air Quality Monitoring Program ..................... ......... • ..... 45
What is an air quality monitoring program? Does your Tribe need one? ....... ..... 45
What should a monitoring program achieve? ................................. 46
How does the tribe report and use the data? .................................. 47
How does your tribe start an air quality monitoring program? .................... 48
Conclusion [[[ . ............
Endnotes
Chapter 4: Potential TIP Program Elements
Potential TIP Program Elements .................................... • .......... 53
Maintenance Strategies ................................... ..................... 54
What is a maintenance strategy? ............................. • • • • . .......... 54
What are the basic steps for developing a maintenance strategy? .................. 54
0 Establish enforceable emission limits ................ ........... 54
0 Write enforceable regulations ............ • .................... 55
0 Prevent downwind NAAQS violations .......................... 56
0 Create an appropriate compliance schedule ........ . ............... 56
What can be done about new sources of emissions? ............................ 56
How does your tribe start creating a maintenance strategy? . ..................... 57
CO
Attainment Strategies [[[ J°
What is an attainment strategy? ............................ -• ............... 58
What are the basic steps for developing an attainment strategy? .................. 58
0 Ascertain the effect of emissions from sources outside the TIP area ... 59
0 Determine the necessary emission reductions ..................... 60
0 Identify appropriate control measures ............................ 61
0 Write enforceable regulations ........................ ......... 64
0 Prevent downwind NAAQS violations .......................... 64
0 Create an appropriate schedule for emission reductions . . . . ......... 65
0 Develop appropriate contingency measures ...................... 65
What can be done about new sources of emissions? ............................ 66
How does your tribe start creating an attainment strategy? ........ ............... 66
* Source Preconstruction Permits .................................................. " '
What is New Source Review? ............................................. 67
What is the nonattainment NSR program? ................................... 69
What is the PSD permitting program? .......................... ............. 70
What is minor NSR? .................................... ................ 74
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Regional Air Quality 75
Why is regional air quality important? 75
What is haze? 76
What has the EPA done to improve and protect visibility? 77
How can your tribe improve and protect visibility? 77
0 Regional Planning Organizations 78
0 Regional Haze Plans '. ..79
An example of collaboration to address regional haze 79
Can EPA intervene in regional air quality problems? 80
Conclusion 81
Endnotes 81
Chapter 5: Compliance & Enforcement for a TIP
Compliance & Enforcement for a TIP 85
Measuring & Reporting Emissions 86
Which emission measurement techniques must the tribe require? 86
0 Indirect measurement 86
<> Periodic direct measurement 87
0 Continuous direct measurement 87
How can visible emissions (opacity) be monitored? 88
Which procedures for reporting and record-keeping must the tribe require? • 88
How does a tribe start measuring emissions? 89
How does a tribe include measuring and reporting in your TIP? 89
Developing an Enforcement Program 90
Why is an enforcement program needed? 90
What are the elements of an enforcement program? 90
How is tribal enforcement authority established for a TIP? 91
What enforcement actions must your tribe be prepared to take? 91
Are there any occasions that warrant exceptions to enforcement actions? 93
Must your tribe possess criminal enforcement authority? 94
Does EPA have enforcement power on reservations? 94
How does a tribe start developing an enforcement program? . .... 95
Conclusion 95
Endnotes 95
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Chapter 6: TIP Adoption & Submission A
TIP Adoption & Submission [[[ 99
Adopting Your TIP ................................. • • • • ...................... "
What is public outreach and how does your tribe prepare an outreach strategy? ...... 99
What kind of information can your tribe provide to interested parties to enhance their
ability to participate in the TIP development process? ..... . ............. 102
Whom should you try to reach with the outreach strategy? ..................... 102
How can your tribe effectively communicate with all interested parties? ........... 103
What are the minimum requirements for notice and public hearings? ............. 104
Are there other consultation requirements? .................................. 106
How does your tribal government formally adopt the TIP? ..................... 106
Submitting Your TIP to EPA for Approval ----- ............................... ..... 1°7
What needs to be submitted to EPA along with the TIP? ............. .. ......... 107
What does EPA do after your tribe has submitted your TIP? ... ................. 109
Revising Your Approved TIP ...............
Why would your TIP need revising once it has been approved? ..... ............. 109
Conclusion ........................................ ......................... * * °
Endnotes [[[ . ..... 110
Appendices
Appendix A: Tribal Contacts at EPA .......................................... A-*
Appendix B: Informational Resources ............. ............................. B'l
Appendix C: Education and Training Resources .................................. C-l
Appendix D: Information on Criteria Pollutants .................... : ....... ...... D-I
Appendix E: A Guide to Regional Air Quality Planning Organizations ................ E-l
Appendix F: Emissions Inventories .................................... ' ........ F~*
Appendix G: Air Quality Monitoring .............. .. ................. • .......... G" '
Appendix H: TIP Enforceability Checklist ...................................... H'1
Appendix I: Procedures for Reclassification to Class I . ............................ I-1
Appendix J: Regulation Development . ......................................... •*"!
Appendix K: TIP Completeness Checklist .................................... • • K-1
Appendix L: Review of Authorities Available for Tribal Air Program Financial
Assistance Grants ................................................ ^-1
Acronym List ................................... .................. Acronym List -1
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Chapter 1 Introduction
What is the purpose of this A Tribal Implementation Plan (TIP) is a set of regulatory
document? programs your tribe can develop and adopt to help attain
and/or maintain national air quality standards for six
common air pollutants: carbon monoxide, nitrogen
dioxide, sulfur dioxide, lead, particulate matter, and ozone.
A TIP may be one part of a broader tribal air quality
management program that may also include programs to
enforce federal limitations on other pollutants, monitor air
quality, inventory emissions, issue stationary source
operating permits, and address indoor air pollution.
This document is intended to help tribal environmental staff
assess the need for a TIP, explain the different program
elements that a TIP may consist of, and contains
Environmental Protection Agency's (EPA) suggestion on
how to develop a TIP if a tribe chooses to do so. It also
includes some preliminary interpretations of the statutory
and regulatory requirements related to TIP preparation,
adoption, submittal and approval. The discussion in this
document is intended solely as guidance. While EPA has
made every effort to ensure the accuracy of the discussion
Chapter 1 Page 1
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The Magnificent Cheyenne
River Valley. The Cheyenne
River Valley is home to the.
Cheyenne River Sioux Tribe,
in North Central South
Dakota.
(Photo courtesy of Cheyenne
River Sioux Tribe.)
in this guidance, requirements related to TIPs are •
determined by statue and regulations (see Chapter 2,
"Implementation Plan Basics"). In the event of a conflict
between the discussion in this document and any statue or
regulation, this document would not be controlling.
Your Tribe and other interested parties are free to raise
questions and objections about the substance of this
guidance document and the appropriateness of any of these
recommendations or interpretations in this guidance to a
particular situation. EPA will consider whether or not the
recommendations or interpretations in this guidance
document are appropriate in any given situation. Any
decision to apply a particular recommendation or
interpretation will be made based on the applicable
statutory and regulatory requirements. Accordingly, this
document does not impose, legally-binding requirements on
EPA, Indian tribes, or any other party.
This document is a living document and may be revised
periodically without public notice. EPA welcomes public
comments on this document at any time and will consider
these comments in any future revision of this document.
While the primary audience is tribal environmental staff,
this document can also serve to explain the federal air
program to interested Tribal Councils and Leaders. The
chapters are organized as follows:
» Chapter 1 provides background information on the
Clean Air Act and National Ambient Air Quality
Standards, explains how a TIP protects these standards
and relates to the rest of your tribe's1 air quality
management program, and lists some-of the benefits of
developing a TIP.
» Chapter 2, Characteristics of TIPs, describes the unique
qualities of TIPs and introduces the potential elements
ofaTIP.
» Chapter 3, Goal Setting & Data Gathering, explains the
national air quality designations; provides suggestions
on what should be considered in setting up your air
quality goals for your TIP; and presents two methods of
Chapter 1
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The Clean Air Act
What is the Clean Air Act?
data gathering that can provide useful information to
your tribe: emissions inventories and air quality
monitoring.
» Chapter 4, Potential TIP Elements, provides
information on the regulations and programs that can be
included in a TIP: maintenance and attainment
strategies, preconstruction permitting programs, and
regional haze plans.
» Chapter 5, Compliance and Enforcement, has
information on how regulated sources can measure and
report emissions to demonstrate compliance, and how
to develop an enforcement program.
» Chapter 6, TIP Adoption and Submission, presents
information on conducting public outreach, adopting
your TIP, submitting your TIP to EPA for approval, and
revising your TIP.
In addition to the resources presented throughout this
document, there are appendices that provide national and
regional EPA contact information (Appendix A), resources
on all aspects of TIP development (Appendix B), and
education and training resources (Appendix C). An
acronym list and glossary are also provided.
The Clean Air Act (CAA) was originally passed in 1970
and was the subject of substantial amendment, most
recently in 1990.2 The CAA: requires EPA to set national
air quality standards for certain pollutants; requires EPA to
develop programs to address specific air quality problems;
establishes EPA's enforcement authority; and provides for •
air quality research. For most CAA programs, EPA
establishes federal guidelines and gives the state or tribe
regulatory authority flexibility in how it implements the
programs. The CAA, as amended in 1990, now consists of
the nine separate Titles listed in Table 1-1. A."plain
English" guide to the CAA is available at
www.epa.gov/oar/oaqps/peg_caa/pegcaain.html.
Chapter 1
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National air quality standards ensure that all Americans
have the same basic health and environmental protections.
The CAA allows individual states and tribes to have air
pollution standards that are stronger than the national
standards, but they are not allowed to have weaker
standards. Congress recognizes in the CAA that it is
sensible for states and tribes to take the lead in carrying out
the CAA because air quality problems are best addressed by
those who hold a special understanding of local industries,
geography, housing patterns, and other local circumstances.
Table 1-1. Organization of the Clean Air Act Amendments
Title I
Title H
Title m
Title IV
Title V
Title VI
Title VH
Title VIE
Title IX
National Ambient Air Quality Standards
Mobile Sources
Hazardous Air Pollutants
Acid Deposition (also known as Acid Rain)
Stationary Source Operating Permits
Stratospheric Ozone & Global Climate
Protection
Provisions Regarding Enforcement
Miscellaneous Provisions
Clean Air Research
Implementation Plans, and thus the bulk of this document,
focus on the National Ambient Air Quality Standards.
However, there are guidance documents and assistance
available if your tribe is interested in implementing other
CAA programs. Resources include:
» EPA's Office of Air Transportation and Quality for
information on mobile sources of air pollution
(www.epa.gov/otaq/)
» EPA's United Air Toxics website for information on
hazardous air pollutants (www.epa.gov/ttn/uatw/)
Chapter 1
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What are the National
Ambient Air Quality
Standards?
» EPA's Operating Permits Program website for
information on Title V Major Stationary Source
Operating Permits (www.epa.gov/oar/oaqps/permits/)
» EPA's Office of Air and Radiation's website
(www.epa.gov/oar/) or your regional EPA office
(Appendix A) for information on other air quality
programs
» EPA's Office of Air and Radiation's website for Tribes
(www.epa.gov/air/tribal)
The EPA established National Ambient Air Quality
Standards (NAAQS) for six common air pollutants
("ambient" air is air to which the general public has access,
as opposed to air within a facility or at a smokestack).
There are NAAQS (pronounced "knacks") for carbon
monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide
(SO2), lead (Pb), paniculate matter (PM), and ozone (O3).3
Ozone is formed when ozone precursors [such as NO2 and
volatile organic compounds (VOC)] change into ozone in
the atmosphere in the presence of sunlight; areas that do not
comply with the ozone NAAQS regulate NOX and VOC.
The NAAQS are based on comprehensive studies of
available ambient air monitoring data, health effects data,
and material effects studies. These studies are published in
documents called Air Quality Criteria 'Documents, and
these six pollutants are often referred to as "criteria"
pollutants. The criteria pollutants can injure health, harm
the environment, and cause property damage. Information
about these pollutants, their health and environmental
effects, and,common sources that emit them, is provided in
Appendix D.
Most pollutants regulated by the NAAQS have two limits.
One limit (the "primary" standard) protects everyone -
including children, people with asthma, and the elderly -
from health risks. The other limit (the "secondary"
standard) prevents unacceptable effects on the public
welfare, e.g., unacceptable damage to crops and vegetation,
buildings and property, and ecosystems. Table 1-2 presents
the NAAQS standards.
Chapter 1
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Table 1-2 National Ambient Air Quality Standards (NAAQS)
Pollutant
Carbon Monoxide
(CO)
Nitrogen Dioxide
(N02)
Sulfur Dioxide (SO2)
Ozone (O3)
Lead (Pb)
Particulate Matter
(PM10)e
Particulate Matter
(PM2.5)f
Averaging Timeb
8-hour
1-hour
annual
annual
24-hour
3-hour
8-hour
1-hour
quarterly
annual
24-hour
annual
24-hour
|ig/m3e
10,000
40,000
100
80
365
1,300
235
157
1.5
50
150
• 15
65
ppmd
9.0
35.0
0.053
0.03
0.14
0.50
0.08
0.12
n/a
n/a
n/a
n/a
n/a
Primary or
Secondary
P
P
P&S
P
P
s
P&S
P&S
P&S
P&S
P&S
P&S
P&S
" The NAAQS is an allowable level of a specific pollutant found in the ambient air.
b The time period over which emissions are averaged for purposes of determining attainment.
c Jig/m3 = micrograms per cubic meter of air •
d ppm = parts per million
0 PM,0is paniculate matter with an aerodynamic diameter less than or equal to 10 micrometers.
r PM2S is paniculate matter with an aerodynamic diameter less than or equal to 2.5 micrometers.
Chapter 1
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Each NAAQS corresponds to a specific averaging time, and
some pollutants have standards for more than one averaging
time. The averaging time is the time period over which air
pollutant concentrations are averaged for the purpose of
determining attainment with the NAAQS. Air pollutants
can be measured in either micrograms per cubic meter of
air (^g/m3) or in parts per million (ppm).
A geographic area that meets or does better than the
primary standard is called an attainment area; areas that
do not meet the standards, or that contribute pollution to
nearby areas that do not meet the standards, are called.
nonattainment areas. An area may be designated
attainment for some pollutants and nonattainment for
others.
Tribal Air
Programs and
TIPs
Under what authority can
Indian tribes adopt Clean
Air Act programs ?
The CAA, as amended in 1990, authorizes EPA "to treat
Indian tribes in the.same manner as states" under the CAA
and instructed EPA to promulgate regulations to i'dentify
the CAA provisions for which it is appropriate to treat
tribes in the same manner as states.4 Accordingly, EPA
issued the Tribal Authority Rule (TAR).5 Under the TAR,
Indian tribes can be treated in the same manner as states for
CAA provisions related to implementation plans except for
certain provisions identified in 40 C.F.R. §49.4. However,
there are some §49.4 exceptions relevant to TIPs (for
example, tribes are not required to comply with CAA
Implementation Plan submittal deadlines) which are
discussed throughout this document.
The EPA expects and hopes that many Tribes will wish to
develop and implement their own CAA programs.
However, Tribes are not required to adopt and implement
all CAA programs, or, any CAA program at all.
The TAR also outlines the eligibility criteria tribes must
meet in order to be treated in the same manner as a state,
Chapter 1
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How does EPA determine
whether an Indian tribe is
eligible under the CAA to be
treated in the same manner
as a state?
0 Request for
Determination of
Eligibility
and defines the process by which EPA will approve tribal
CAA programs.
The CAA allows tribes to obtain the authority to run CAA
programs for the regulation of "air resources within the
exterior boundaries of the reservation or other areas within
the tribe's jurisdiction" [CAA Section 301(d)(2)(B)].
Tribes have authority over all air resources within the
exterior boundaries of their reservation (including non-
Indian owned fee lands). For off-reservation areas, tribes
must demonstrate the basis for jurisdiction. For the
purpose of simplicity in this document, the word
"reservation" will refer to all land within the exterior
boundaries of the reservation and off-reservation areas
determined to be under a tribe's jurisdiction.
In order to be treated in the. same manner as a state under
the provisions of the CAA, tribes must demonstrate that
they meet certain eligibility criteria. The TAR outlines the
eligibility criteria tribes must meet.
The TAR requires EPA to determine that a tribe is eligible
to implement CAA programs (i.e., eligible for "treatment in
the same manner as a state" for purposes of the CAA).8
Tribes can apply for eligibility determinations at the same
time they submit their TIP for approval or as a prior,
separate action. You should consider the range of CAA
provisions relevant to your request for eligibility and
discuss with your EPA Regional contact which provisions
you may want to include in your request (e.g., all provisions
or only specifically identified provisions). To become
eligible, your tribe must:
» Demonstrate federal recognition6
» Demonstrate that it has a governing body carrying out
substantial governmental duties and powers. This can
be demonstrated by submitting a descriptive statement
that your tribe is currently carrying out substantial
governmental duties and powers over a defined area.
This statement should:
Chapter 1
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Tribal Headquarters of the
Nez Perce tribe, located in
Lapwai, Idaho. The Nez
Perce Reservation is
approximately 761,000 acres
and contains three Title V
sources.
(Photo courtesy of Nez Perce
Tribe.)
> Describe the form of the tribal government
> Describe the types of government functions
currently performed by the tribal governing body,
such as the exercise of police powers affecting or
relating to the health, safety, and welfare of the
affected population; taxation; and exercise of the
power of eminent domain
> Identify the source of the tribal government's
authority to carry out the governmental functions
currently being performed
» Demonstrate that the functions your tribe is applying to
carry out pertain to the management and protection of
air resources within the exterior boundaries of your
reservation (or other areas within the tribe's
jurisdiction). This should be demonstrated with a
descriptive statement of the tribe's authority to regulate
air quality. For applications covering areas within the
exterior boundaries of the reservation the statement
must identify with clarity and precision the exterior
boundaries of the reservation including, for example, a
map and a legal description of the area. For tribal
applications covering areas outside the boundaries of a
reservation the statement should include:
> A map or legal description of the area over which
the application asserts authority
> A statement by the tribe's legal counsel (or
equivalent official) that describes the basis for the
tribe's assertion of authority (including the nature or
subject matter of the asserted regulatory authority)
which may include a copy of documents such as
tribal constitutions, by-laws, charters, executive
orders, codes, ordinances, and/or resolutions that
support the tribe's assertion of authority.7
» Demonstrate that the tribe is reasonably capable of
performing the functions your tribe is applying to carry
out in a manner consistent with the terms and purposes
of the CAA and all applicable regulations. This should
Chapter 1
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be done with a narrative statement describing your
tribe's capability to administer effectively the programs
for which it is seeking approval. For example, if your
tribe is applying for a General Assistance Program
(GAP) grant, your tribe has probably employed
someone to write the grant proposal and carry out the
work your tribe has proposed to do with that funding.
A description of these people's job descriptions could
• be included in the narrative statement. As the TAR
preamble points out, some tribes may not want to go
through the expense of developing a CAA program
without first being assured that they satisfy the
"treatment as state" eligibility criteria. The TAR allows
for that approach. Specifically, the TAR allows a tribe
that does not already have substantial experience in
managing an environmental program to potentially
satisfy the capability requirement by submitting a plan
for how it will acquire necessary management and
technical skills. The EPA Regional Office can provide
information on what else should be included.
If your tribe has previously received authorization to
implement a CAA program or any other EPA-administered
program, your tribe may satisfy the eligibility requirements
by referencing the prior program authorization in your
application and providing required information which has .
not been submitted in the previous application. For
example, you may have to submit additional information to
demonstrate your tribe's capability to administer the
program you are seeking approval to carry out. It is
generally expected that a program-by-program inquiry into
the question of capability will be necessary since a Tribe
may have capability to carry out certain activities but not
others.
What is air quality Air quality management refers to all the activities a
management? regulatory authority undertakes to safeguard the air
resources for which it is. responsible. For your tribe, these
activities may include:
» Evaluating existing air quality
» Setting air quality goals
Chapter 1 ' Page 10
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» Determining the emissions reductions necessary to
reach these goals
» Choosing control strategies to use to obtain those
reductions
» Implementing those strategies
» Re-evaluating air quality and assessing results
(see Figure 1-1)
These steps can be used to address any air quality issue of
importance to your tribe, such as indoor air pollution, acid
deposition, or regional haze. However, only those
strategies that address criteria pollutants would be part of
your tribe's TIP.
Evaluate Air Quality
•Emissions Inventory Data
•Ambient Air Monitoring Data
Implement Control Strategies
•Surveillance and
Enforcement
Set Air Quality Goals
Choose Control Strategies
•Some strategies may be
included in a TIP
Determine Necessary
Emissions Reductions
'Modeling
Figure 1-1. Flow diagram of the air quality management process.
How does a tribe start
managing air quality?
Your tribe may be new to air quality management, or may
already have an air quality management, program in effect.
In either case, knowledge of existing air quality in the
vicinity of the reservation can help the tribe set air quality
goals. You can use emissions inventories and ambient air
Chapter 1
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The National Ambient Air
Quality Standards
(NAAQS)for CO, NO2,
SOZ, Pb, PM, and O3 are
minimum air quality
goals established by EPA
under the CAA.
quality monitoring systems, discussed in Chapter 3, to
evaluate existing air quality and identify sources of
emissions on your reservation. The data you collect will
help determine which pollutants, if any, the tribe should be
concerned about.
Once the tribe knows the types of sources and pollutants
affecting the area over which you may seek to run a TIP, a
tribe may want to do some research. Different types of
sources tend to emit different pollutants, and different
pollutants have different effects on health, the environment,
and property. For example, NOX is a prime precursor to
ozone, which may be harming public health on your
reservation; NOX often comes from large industrial
furnaces. On the other hand, PM affects health and
contributes to limiting the visibility of distant vistas; it is
often generated by fossil fuel combustion, open burning,
construction activities, and vehicles on unpaved roads. The
goals the tribe sets and the strategies chosen will vary,
depending on the pollutants and sources selected.
Appendix D provides information on the environmental
effects, health effects, and common sources of the criteria
pollutants.
The data the tribe collects is just one factor a tribe can use
to set air quality goals and priorities. The tribe may also
want to consider tribal values, public health and.
environmental problems related to air quality, plans for
economic development, and other issues of tribal concern.
The NAAQS for CO, NO2, SO2, Pb, PM, and O3 are
minimum air quality goals established by EPA under the
CAA. Depending on the existing air quality on your
reservation and the other factors mentioned above, the tribe
may want to set air quality goals more strict than the
NAAQS and/or set goals to address other pollutants. There
is more information ;on setting air quality goals in
Chapter 3.
Once a tribe establishes its air quality goals, the tribe will
need to determine the emissions reductions necessary to
reach those goals. The tribe may use data collected through
monitoring and an emissions inventory to model the effect
of different changes in emissions. Chapter 4 presents a
Chapter 1
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What is a TIP and how does
it Jit into a tribal air
program?
methodology a tribe can use to determine the emission
reductions needed if air quality exceeds the NAAQS. After
. establishing air quality goals and determining the necessary
emission reductions, the tribe will need to decide which
control strategies to use to obtain these emission reductions.
To accomplish these reductions, you could decide to
develop rules or form a cooperative agreement with the
EPA. The control strategies your tribe chooses will depend
on the types of pollutants your tribe is trying to reduce and
the sources of those pollutants. Control strategies are
discussed in more detail in Chapter 4.
Once your tribe begins implementing your control
strategies, your tribe will need to ensure compliance.
Ensuring compliance involves inspecting facilities and
taking enforcement actions such as assessing penalties, if
necessary. Chapter 5 presents information on compliance
and enforcement.
After implementing your control strategies, your tribe
should continue to monitor air quality to determine how
successful the strategies are. Depending on the results you
find, your tribe may decide to leave your program as it is, or
your tribe may choose to revise your goals, targeted
emission reductions, and/or control strategies.
There are many air quality issues a tribal air program can
address, such as an operating permit program or hazardous
air pollutants. The issues your program chooses to address
will depend on local air quality, the sources of pollutants,
and the particular air quality concerns and air quality goals
of your tribe (see Figure 1-2).8
The CAA requires the NAAQS to be met everywhere, and
the primary purpose of an implementation plan (whether it
is developed by a state, a tribe, or EPA), is to ensure that
the NAAQS are attained and maintained. A TIP may be
one part of your tribe's air program. A TIP is a tribe's plan
for improving its ambient air quality (if it is in violation of
the NAAQS), for maintaining or improving its air quality
(if it is already cleaner than the NAAQS), and/or meeting
regional haze program goals. Although not required to do
Chapter 1
Page 13
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You can
address these
issues through
other Tribal Air
Program efforts
Operating
Permit
Program
Hazardous
Air Pollutants
Other Issues
of Local
Concern
You can
address these
issues in a TIP
Health Effects
of Criteria
Pollutants
Increased repiratory illness, such as
asthma, bronchitis, and emphysema
Irritation of the eyes, nose, and throat
Cardiovascular problems
Headaches, dizziness, nausea, and
neurological problems
-------
» Operating permit programs (Title V)
» Stratospheric ozone protection programs (Title VI)
» Rules to control non-criteria pollutants
» Nuisance rules
» Odor rules
» Worker exposure rules
A TIP can be designed to respond to your tribe's particular
air quality goals and values, and can be changed over time
to reflect the changing air quality concerns of your tribe.
The potential elements in a TIP are discussed in detail in
Chapter 4.
What are the benefits of There are several benefits of developing a TIP:
developing a TIP?
» A TIP can impact the natural environment and quality
of life in the area over which it applies. A tribe that
develops a TIP can play a more active role in managing
tribal air resources and protecting the community's
health.
» A TIP can impact a tribe's culture. By developing a
TIP, a tribe can use its goals, values, beliefs, and
priorities to create air quality regulations and permitting
programs for facilities in its approved TIP area.
» A TIP enables a tribe to regulate emissions sources
within the exterior boundaries of its reservation and
other areas within the tribe's jurisdiction.
» A TIP can impact the course of economic development
in that area by helping the tribe fill the regulatory gap.
This provides a stable regulatory environment which, in
turn, encourages economic development for prospective
sources of air pollution (i.e., new industrial facilities,
manufacturing centers, resource extraction operations,
and other new or expanding businesses that release air
pollutant emissions). Since state regulations don't
apply to Indian Country and EPA has not adopted
federal regulations, a TIP also helps a tribe fill this
regulatory gap under the CAA. Once a TIP is approved
by EPA, its provisions become federally enforceable.
Chapter 1 ' Page 15
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How does a tribe build the Nationally, EPA supports a number of initiatives designed
capability to develop a TIP? to help tribes develop air program capability, or capacity.
For example, courses on various air pollution topics are
provided through the American Indian Air Quality Training
Program at Northern Arizona University. These courses are
highly recommended if your tribe is interested in
developing a tribal air program and are available on the
ITEP website (www.cet.nau.edu/itep/). .
Your EPA Regional Office provides information, technical
assistance and financial resources to tribes developing
environmental and air quality programs. One important
source of financial assistance comes from the Indian
Environmental General Assistance Program (GAP) Act,
which authorizes EPA to award GAP grants. GAP funds
are allocated to the EPA Regions by the EPA American
Indian Environmental Office (AIEO) and are intended to
help tribes build environmental program capability,
generally. GAP grants may be used for planning,
developing, and establishing environmental protection
programs, which can include hiring staff and monitoring if
necessary to plan, develop, or establish an environmental .
program. GAP grants cannot fund monitoring or
assessments in support of implementation programs.10
Many tribes have begun air program development activities
through GAP grants. GAP does not require tribal matching.
funds.
The CAA also authorizes EPA to award grants to support
tribal air program activities. CAA grant funds are allocated
to the EPA Regional Offices by the Office of Air and •
Radiation (OAR) and are intended to support tribes in all
phases of air program development. Under CAA Section
103 project grants, tribes can .hire and train staff to conduct
research and monitoring, assess tribal air issues, monitor air
quality, and plan future monitoring or regulatory
development. Section 103 does not require tribal matching
funds. CAA Section 105 program grants are designed to
support established air pollution control agencies. Section
105 grants are for developing and implementing air
pollution control programs. Tribes are encouraged to
contact their EPA Regional Office for more information on
these grant programs.
Chapter 1 ' Page 16
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What if your tribe chooses The EPA has a responsibility under the CAA and as part of
not to develop a TIP? its trust responsibility to ensure that public health and the
environment are protected. The EPA also has the
responsibility to work with tribal governments in a
govemment-to-government relationship. In cases where a
tribe does not have an approved TIP, EPA will promulgate,
without unreasonable delay, such Federal Implementation
Plan provisions as are necessary or appropriate to protect
air quality." EPA encourages tribes to provide assistance
in the development of such provisions.
EPA has acted pursuant to this authority in several
instances. For example, an area near Pocatello, Idaho, that
included a portion of the Fort Hall Reservation, was
designated as nonattainment for the PM10 NAAQS in
1990.12 In 1996, the Shoshone-Bannock Tribes began
monitoring PMIO concentrations on the Fort Hall
reservation and determined that a large industrial facility
located on the reservation was continuing to contribute to
violations of the PM10 NAAQS. The Tribes also
determined that non-point sources on the reservation, such
as open burning, unpaved roads, and agricultural activities,
were contributing to the violations.
The Shoshone-Bannock Tribes believed that EPA would be
better equipped to develop, implement; and enforce rules
that would reduce emissions from the industrial facility
because EPA had been working with the facility for several
years.
Therefore, the Shoshone-Bannock Tribes asked EPA to
draft a FTP for the facility, and worked with EPA to gather
information on the industrial processes and emissions
contributing to nonattainment in the area. It was also
necessary to identify the reasonably available control
measures for the processes, considering available
technologies and their annualized costs. The EPA
established emission limits for the facility, achievable with
reasonably available control measures, in 2000.13 In a
separate action, EPA also proposed regulations for.non-
point sources in Indian country in the northwestern United
Chapter 1 Page 17
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States that would apply to sources on the Fort Hall
Reservation.14
The CAA requires NAAQS to be established for six
common pollutants that are known to be harmful to human
health, the environment, and property. A TIP is the
mechanism a tribe can use to establish regulations to attain
and/or maintain the NAAQS in the approved TIP area.
Whether to adopt a TIP is a choice the tribe should consider
in the context of its overall air program goals. If your tribe
does not adopt a TIP, EPA will promulgate FIP provisions
as are necessary or appropriate to protect air quality. The
remainder of this, document provides more information on
how to set air quality goals, how to evaluate the air quality,
what can be included in a TIP, and how to develop a TIP.
Endnotes
1. The term "your tribe" does not assume environmental staff are necessarily tribal
members.
2. For more information on the CAA, see The Plain English Guide to the Clean Air Act at
http://wwvv.epa.gov/oar/oaqps/peo caa/pegcaain.html.
3. The NAAQS are published in 40 CFR 50. For more information, see the Office of Air
Quality Planning and Standards' NAAQS information page (www.epa.gov/airs/criteria.
html) and criteria pollutant page (www.epa.gov/oar/aqtrnd97/brochure/sixprin.html).
Information on NAAQS standards can be found at www.epa.gov/ttn/oarpg/tlmain.html.
4. Section 301(d) of the CAA as amended in 1990 authorizes EPA to treat tribes in the same
manner as states under the CAA.
5. The Tribal Authority Rule (TAR) was issued on February 12, 1998 (63 Federal Register
7254). The regulatory provisions of the TAR are codified at 40 CFR Part 49 (1999). See
www.epa.gov/oaiytribal/aii-Drogs/authrule/ for more information.
6. Demonstrating federal recognition can be done by demonstrating that your tribe in on the
list of federally recognized tribes published by the Secretary of the Interior, available at
w ww.doi. go v/bi a/tri bes/en try .html and in the Federal Register, March 13, 2000, vol. 65,
number 49.
Chapter 1 Page 18
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7. Information about a request by an Indian tribe for eligibility determination and Clean Air
Act program approval can be found at 40 CFR Part 49.7.
8. For more information on air program development, see Developing a Tribal Air Program,
Training Manual (April 1999) prepared by the Institute for Tribal Environmental
Professionals, Northern Arizona University, and US EPA Region 6.
9. If necessary to implement a NAAQS program, a TIP could include HAPs (e.g., if there is
a nexus with VOC or PM).
10. Detailed descriptions of the purpose of GAP and eligible activities can be found in the
March 9, 2000 document Indian Environmental General Assistance Program: Guidelines
of the Award and Management of General Assistance Agreements for Indian Tribes. This
document is available on-line at http://www.epa.gov/indian/pdfs/gap2000.pdf
11. More information about Federal Implementation Plan provisions can be found in 40 CFR
49.11 (a).
12. See Chapter 3 for more information on attainment and nonattainment designations.
13. For more information on these emission limits, see 40 CFR. 49.10701-10730, 65 FR
51412, August 23, 2000.
14. Reference Region X example regulations for Indian Country.
Chapter 1 Page 19
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Chapter 2
Implementation
Plan Basics
What is an Implementation
Plan?
Characteristics of
Implementation Plans
This chapter explains what an implementation plan is,
compares tribal implementation plans (TIPs) and state
implementation plans (SIPs), introduces the technical
information that can support a TIP and the potential
elements of a TIP, and explains the other elements that may
accompany a TIP when it is submitted to the Environmental
Protection Agency (EPA). More detailed information about
the technical information that can support a TIP (such as
emission inventories and air quality modeling) is found in
Chapter 3. More detailed information on the potential
elements of a TIP is found in Chapter 4.
As mentioned in Chapter 1, EPA established the National
Ambient Air Quality Standards (NAAQS) for the six
criteria pollutants to protect public health and the
environment. An implementation plan is a set of programs
and regulations developed by the appropriate regulatory
agency'in order to assure that these air quality standards are
Chapter 2
Page 21
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How do TIPs compare to
SIPs?
TIPs are optional
<> TIPs are modular
attained and maintained. These plans can be developed by
the state, tribe, or EPA, depending on which has
jurisdiction in a particular area.
The Clean Air Act (CAA) requires each state to adopt a
SIP. Several sections of Title I of the CAA provide
structured, mandatory requirements for SIP contents.1 The
EPA's requirements for SIPs are laid out in Title 40 of the
Code of Federal Regulations (CFR) part 51. The SIP
programs can reflect each state's particular needs and air
quality issues, but they must meet certain federal standards.
If a state fails to submit an approvable SIP within the
schedules provided in the CAA, sanctions are imposed on
the state and the EPA is required to develop and enforce a
federal implementation plan (PIP) to implement the
applicable CAA requirements for that state.
Section 301(d) of the CAA as amended in 1990 and as
implemented through the Tribal Authority Rule (TAR),
provides for tribal implementation of CAA programs.
Tribes can choose to implement certain CAA programs by
developing a TIP. TIPs are different from SIPs. TIPs:
» Are optional
» Are modular
» Have flexible submission schedules
» Allow for joint tribal and EPA management
The CAA requires each state to adopt a SIP. Unlike states,
tribes are not required to adopt an implementation plan. In
the Tribal Authority Rule, EPA recognized that not all
tribes will have the need or the desire for an air pollution
control program. Where tribes elect not to develop a TIP
EPA will adopt, without unreasonable delay, such Federal
impiementation plan provisions as are necessary or
appropriate to protect air quality. However, where tribes
elect to adopt rules to regulate sources of criteria air
pollutants under their jurisdiction, these rules will form the
core of a TIP.
The TAR offers individual tribes the flexibility to include
in a TIP only those TIP elements that address their specific
air quality needs and that they have the capacity to manage.
Chapter 2
Page 22
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The modular approach
gives the choice to adopt
only the TIP elements
considered most relevant
to the air quality needs of
each tribe and that each
tribe has the capacity to
manage.
Under this modular approach, the TIP elements the tribe
adopts must be "reasonably severable" from the package of
elements that can be included in a whole TIP.
"Reasonably severable" means that the elements selected
for the TIP are not integrally related to elements that are not
included in the TIP, and are consistent with applicable
CAA and regulatory requirements.2
TIP elements are discussed in more detail in the next
section of this chapter and in Chapter 4.
0 TIPs have flexible
submission schedules
0 TIPs allow for joint
tribal and EPA
management
Neither the CAA nor the TAR requires tribes to develop
TIPs. Therefore, unlike states, tribes are not required to
meet the implementation plan submission deadlines or
attainment dates specified in the CAA. Tribes can establish
their own schedules for developing TIP elements (e.g.,
regulations to limit emissions of a specific air pollutant)
and submitting them to EPA. Tribes will also not face
sanctions for failing to submit or for submitting incomplete
or deficient TIPs.
Once TIP elements are approved, EPA will expect tribes to
diligently implement them. Therefore, tribes should work
with their EPA Regional Offices to develop schedules to
expeditiously implement the regulations and programs
included in TIP elements. If a tribe fails to implement an
approved regulation or program, EPA may exercise it's
authority to enforce the TIP. EPA could also sanction the
tribe (e.g., withhold grant funds) for failing to implement
an approved program.3
Joint management can be helpful because it allows tribes to
concentrate on specific areas of interest or need. Tribes can
revise a TIP and take on or give back programs based on
changes in tribal need or capacity. The EPA may regulate
emission sources that the tribe chooses not to include in a
TIP if it is necessary or appropriate to adequately protect air
quality. The EPA may also promulgate federal regulations
initially through a FIP, and later approve tribal rules
covering particular types of sources or activities in a TIP.
Chapter 2
Page 23
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This type of joint management should result in a program
fully protective of tribal air resources.
For example, your tribe may initially want to adopt and
implement rules for open burning and construction
activities to address particulate matter concerns, but defer
regulation of industrial sources of emissions to EPA. At a
later date, your tribe may decide to adopt rules for industrial
sources of emissions as well. This modular approach
would allow for an easy transition from the federal
industrial source rules to the tribal rules. When the tribal
rules are approved, they become the federally enforceable
requirements and replacs the existing FIP requirements.
It is important to remember that as part of your tribe's
overall air program, the tribe may develop requirements
that are not part of your TIP. These requirements can
support other environmental and cultural issues that are
important for the tribe and do not have to be approved by
EPA. For example, a tribe may want to adopt regulations
on residential wood combustion or open burning (as many
tribes have already done).
Where are the Statutory and Title I of the Clean Air Act contains the requirements that
Regulatory Requirements SIPs and, as appropriate, TIPs must meet.4 HoweVer, in
for a TIP? some instances these regulatory requirements may be
inconsistent with the Clean Air Act as amended in 1990, •
and to facilitate SIP development under the amended CAA,
EPA has issued several guidance documents that may be
useful to consult if you are developing a TIP.
Your tribe should also review EPA's Tribal Authority Rule
(TAR) [40 CFR Part 49] which has specific provisions
regarding TIPs. In addition, the preamble notices
accompanying the proposed and final TAR provide
guidance regarding TIP requirements.5
It is important to keep in mind that TIP requirements may
vary depending on the specific TIP elements your Tribe
intends to adopt. For this reason, and in light of the large
body of potentially applicable requirements, EPA strongly
encourages you to speak with your Regional contact to
determine the requirements that may apply to your specific
Chapter 2 ' Page 24
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TIP. Your EPA Regional contact can also identify other
relevant guidance documents that may be useful for you to
consult as you develop your TIP.
Developing a TIP
What technical information
do you need to develop a
TIP?
Emissions Inventory
<> Air Quality Monitoring
An air monitoring station at
the Tribal Air Monitoring
Support (TAMS) Center in
Las Vegas.
Information on existing emissions and ambient air quality
in the area over which your tribe seeks to run a TIP will
help determine your air quality goals and which TIP
elements to develop. Two mechanisms for obtaining such
data, emissions inventories and air quality monitoring, are
introduced below and discussed in greater detail in
Chapter 3.
An emissions inventory is a quantitative list of the amounts
and types of pollutants that are entering the air from each
source on your reservation. Your inventory may be
comprehensive, looking at all pollutants, or focused on only
selected pollutants of concern. The fundamental elements
in an emissions inventory are the characteristics and
locations of the .sources, as well as the amounts and types of
pollutants emitted. • A tribe may want to develop an
emissions inventory to help identify air pollution concerns
and determine the air quality goals your tribe wants to
address in your TIP.
The concentration of various air pollutants can be measured
using devices called monitors. Monitoring data collected
on or in the vicinity of your reservation can help determine
if the existing air quality on your reservation meets the
NAAQS and set air quality goals. Your tribe may monitor
the short-term and annual concentrations of pollutants that
your tribe is concerned about to determine if those
concentrations are above or below the NAAQS.
Alternatively, if your tribe decides not to develop an air
quality monitoring network, it may be able to utilize air
quality data from nearby monitors operated by other entities
such as states, regional planning organizations, or the
federal government. And, your tribe can still develop a TIP
without already having monitoring data as some TIP
elements, such as regional haze plans, can be developed
Chapter 2
Page 25
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What are the potential
elements in a TIP?
0 Maintenance Strategy
(for areas that attain the
NAAQS or are
unclassifiable)
without knowing the exact current concentrations of
pollutants on the reservation.
The CAA and TAR give EPA broad discretion in approving
TIPs to address the specific air quality problems and
circumstances of individual tribes. As described above, a
TIP can address one or more relevant criteria pollutants,
and may include selected elements of a'complete NAAQS
implementation plan, provided those elements are
reasonably severable from the other CAA elements not
included in the TIP. The potential elements of a TIP are:
» Maintenance strategies
» Attainment strategies
» Source preconstruction permits
» Regional haze plans
The EPA believes these elements are "reasonably
severable" from each other and can be approved for tribes
to implement. These elements are briefly described below;
more detailed descriptions are provided in Chapter 4.
Tribes may elect to develop TIPs that include one or several
of these elements. Elements that are initially excluded from
a TIP can be included at a later date. The EPA expects that
in some cases, a TIP may need to be supplemented with a
FIP if it is necessary or appropriate, to protect air quality.
In an attainment area, the air quality, is as clean as or
cleaner than the NAAQS for all of the criteria pollutants.6
Areas for which there are insufficient air quality data to
determine if the NAAQS are met may be designated
"unclassifiable" and are treated as attainment areas. If your
reservation is in an attainment or unclassifiable area, a goal
of your TIP could be to maintain that good air quality. The
reservation does not need a NAAQS designation however,
for your tribe to develop a TIP . A maintenance strategy
includes:
» Enforceable emission limits for existing emission
sources and
Chapter 2
Page 26
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<> Attainment Strategy
(for areas that are in
nonattainment for
NAAQS)
» Evidence the emission limits are adequate to prevent
.NAAQS violations on the reservation and in other
jurisdictions
» Schedules for implementing emission limits
expeditiously
Tribes may submit a TIP that includes enforceable emission
limits and compliance schedules for a single source, and
not include evidence that the emission limits are adequate
to prevent NAAQS violations in other jurisdictions. The
EPA can fully approve such TIP elements as progress
toward developing a more complete implementation plan
that meets the tribes air quality goals. The EPA-may also
evaluate whether the emission units are adequate to prevent
NAAQS violations, if necessary and appropriate.
Construction of new sources on the reservation could add
enough emissions that trie goal of the TIP to maintain the
NAAQS would not be met. Therefore, the tribe may also
want to include in their TIP source preconstruction permit
programs, one of the next severable elements discussed.
A goal of a TIP in an area with air quality worse than the
NAAQS for some criteria pollutants (a "nonattainment"
area) would be to reduce the concentrations of those
pollutants below the NAAQS.6 The EPA and the tribe can
work together to develop an attainment strategy for a
nonattainment area. An attainment strategy generally
includes:
» Enforceable emission limits that will require application
of at least Reasonably Available Control Measures
(RACM) or Reasonably Available Control Technology
(RACT) for existing sources
» Evidence the emission limits are adequate to prevent
NAAQS violations on the reservation and in other
jurisdictions (an "attainment demonstration") .
» Schedules for implementing emission limits and
evidence that the compliance schedules will produce
Chapter 2
Page 27
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The Dexter Road Project of
the Oheida Tribe of Indians
of Wisconsin. The Oneida
Reservation contains
approximately 65,000 acres.
The Dexter Road Project
involves native grassland
restoration and reforestation.
(Photo courtesy of the Oneida
Tribe of Indians of
Wisconsin.)
annual reductions in emissions until the NAAQS are
met
» Additional regulation to achieve emission reductions
beyond those necessary to meet the NAAQS, to be held
in reserve and used only if the primary regulations do
not result in attainment of the NAAQS ("contingency
measures")
Tribes may submit a TIP that includes enforceable emission
limits and compliance schedules for a single source, and
not include evidence that the emission limits are adequate
to prevent NAAQS violations. The EPA can fully approve
such TIP elements as progress toward developing a more
complete implementation plan that meets the tribes air
quality goals.
When tribal lands are part of a multi-jurisdictional area, if
the tribe does not show that the emission limits in their TIP
are adequate to prevent NAAQS violations, EPA will
review the emission limits and compliance schedules to
assure that they will not interfere with the overall plan to
attain the NAAQS in the area. In cases where sources on
tribal lands would interfere with an area meeting it's
attainment date, EPA will develop a FIP to reduce
emissions from those sources, where necessary and
appropriate, since the tribe is not required to meet the
attainment date.
Construction of new sources on the reservation could add
enough emissions that the goal of the TIP to attain the
NAAQS would not be met. Therefore, the tribe may also
want to include in their TIP source preconstruction permit
programs, the next severable elements discussed.
The ambient air quality on the reservation may violate the
NAAQS because emissions from sources located outside of
your reservation are transported there. Sources of
pollutants outside the TIP area may be a concern if your
reservation is adjacent to or surrounded by a nonattainment
area, or if it is downwind of major sources of emissions that
are not under your tribe's jurisdiction. Although your tribe
can only regulate sources in the area covered by its
Chapter 2
Page 28
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<> Source Preconstruction
Permit Programs
0 Regional Haze Plans
approved TIP, the Regional Air Quality section in Chapter
4 describes ways your tribe can address this problem.
The CAA provides for programs to review and permit new
major sources and major modifications to existing sources
as part of an overall strategy to attain or maintain the
NAAQS.6 These programs are collectively known as New
Source Review.
» The Prevention of Significant Deterioration (PSD)
program is a federal program for attainment and
unclassifiable areas. Under this program, new major
sources and major modifications to existing sources
must obtain a PSD permit before construction.7 Tribes
can adopt a PSD program of their own that meets EPA
requirements, or a tribe can accept delegation to
manage the federal PSD program.
» The nonattainment New Source Review '(NSR) program
is for nonattainment areas. Tribes can adopt statutory
requirements for an NSR program of their own to
regulate emissions from new major sources and major
modifications to existing sources. In the future, when
EPA establishes a federal nonattainment NSR program
tribes will be able to accept delegation to manage that
program.
Tribes in attainment, unclassifiable, and nonattainment
areas may also develop a minor New Source Review
program (minor NSR). With a minor NSR program,
enforceable emission limits are established for minor new
sources to limit the source's potential to emit,8 help attain
or maintain the NAAQS, and help prevent significant
deterioration of air quality. EPA is continuing to develop a
federal minor NSR rule and anticipates that it will include a
provision.for delegation of the federal program to interested
tribes.
The purpose of regional haze plans is to improve visibility
in mandatory federal Class I areas (primarily national parks
and wilderness areas). In 1999, EPA issued regional haze
regulations that require states to work together specifically
to improve regional haze. Five regional planning
Chapter 2
Page 29
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Your tribe may wish to
develop a regional haze plan
in order to protect or
improve visibility.
What elements must
accompany a TIP?
Conclusion
organizations were established to analyze the nature and
causes of regional haze in mandatory federal Class I areas,
evaluate potential emission reduction strategies for meeting
the goals of EPA's Regional Haze Program, and generally
facilitate the exchange of information among all
participating governments (see Appendix E, A Guide to
Regional Air Quality Planning Organizations).
The tribe may wish to include regional'haze plans as part of
its TIP if.it is concerned about diminished visibility or if
sources on your reservation contribute to haze in a federal
Class I area. Tribes are encouraged to participate in these
regional planning organizations regardless of whether they
include regional haze plans in their TIPS. Participating in
the regional planning organization would help the tribe
learn about current developments in the area and allow the
tribe to coordinate your efforts with those of other
governments. Such participation will ensure tribal
positions are considered in discussions of regional air
quality for regional haze.
There are three elements that must accompany a TIP when
it is submitted to EPA for approval: a request for a
determination of eligibility; administrative elements; and a
demonstration of enforcement authority. The request for a
determination of eligibility is outlined in Chapter 1, Section
"Tribal Air Programs and TIPs". A discussion of.
administrative elements9 can be found in Chapter 6, Section
"What needs to be submitted to EPA along with your TIP?"
A discussion of enforcement authority can be found in
Chapter 5. A sample submission checklist is provided as
Appendix K.
TIPs can be flexible enough to meet tribal needs while
ensuring the NAAQS are attained and maintained. Your
tribe can choose to adopt only those TIP elements that best
address its air quality needs and that it has the capability to
administer.
Setting air quality goals and gathering data to inform those
goals is described in Chapter 3. The potential elements of a
TIP - maintenance and attainment strategies, source
preconstruction permit programs, and regional haze plans -
Chapter 2
Page 30
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are described in Chapter 4. Compliance strategies and
enforcement programs are described in Chapter 5.
Eudnotes
1. The SIP requirements are established in the CAA section 110(a), Part C (Prevention of
Significant Deterioration), and Part D (Plan Requirements for Nonattainment Areas).
The EPA's SIP regulations are codified in 40 CFR parts 51 and 52.
2. The requirement that program elements be "reasonably severable" is set forth in the
Tribal Authority Rule (TAR) at 40 CFR 49.7(c).
3. Once a TIP is approved, a tribe may be subject to sanctions when EPA determines that a
requirement of the approved TIP is not being implemented. CAA section 179(a)(4).
4. See CAA Section 110, Sections 160-169, Sections 171-192, and 40 CFR Parts 51 and 52
for identifying requirements for the preparation, adoption, and submission of
Implementation Plans.
5. The Tribal Authority Rule notices can be found at 63 Federal Register 7254,-and 40 CFR
Parts 9, 35, 49, 50, and 81.
6. See Chapter 3 of this document for more information on attainment, nonattainment, and
unclassifiable air quality designations. Keep in mind that an area may be in attainment
for some pollutants and in nonattainment for others. If this is the case on your
reservation, the tribe may want to develop a maintenance strategy for some pollutants and
an attainment strategy for others.
7. In general, major sources are sources that emit over a certain amount of a pollutant (the
"major source threshold" for that pollutant); minor sources are sources that emit less than
that amount. The major source threshold can vary depending on the particular pollutant
and the air quality status of the area. For example, in an area designated attainment or
unclassifiable for a particular NAAQS, a major stationary source is defined as any source
that emits, or has the potential to emit, 250 tons per year (or, for specific types of sources,
100 tons per year) of that NAAQS pollutant subject to regulation under the CAA.
For attainment and unclassified areas, the definitions of major source and major
modification are given in 40 CFR 51.166(b)(l) and (2), respectively. For nonattainment
areas, the definitions of major source and major modification are given in 40
CFR 51.165(a)(l)(iv) and (v), respectively. For serious PM nonattainment areas, the
definition of a major source is in the CAA .section 188. For moderate, serious, severe, or
extreme ozone nonattainment areas, the definition of major source is in the CAA
Chapter 2 Page 31
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section 182(b), (c), (d), and (e), respectively.
8. A source's "potential to emit" 'estimate is based on its maximum capacity after taking into
consideration enforceable permit conditions, such as the type of materials combusted, the
type of materials processed, and the annual hours of operation.
9. More information on the criteria EPA uses to determine the administrative completeness
of implementation plans can be found in 40 CFR 51 Appendix V. -
Chapter 2 ' . Page 32
-------
Chapter 3 Goal Setting &
Data Gathering for a
TIP
Since a Tribal Implementation Plan (TIP) only addresses
the criteria pollutants regulated by the National Ambient
Air Quality Standards (NAAQS), it may be just one part of
a broader tribal air program that is concerned with many
different pollutants and air quality problems. This chapter
explains the federal air quality designations based on the
NAAQS, and discusses what your tribe should consider
when setting its air quality goals in relationship to the
NAAQS. Technical information can help the tribe evaluate
the air quality on your reservation, set air quality goals, and
determine the most appropriate control measures for
meeting those goals. This chapter also discusses two tools
for gathering such information: emissions inventories and
air quality monitoring systems.
Chapters . Page 33
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Air Quality
Designations
How is air quality classified
in relationship to the
NAAQS?
Bighorn Canyon National
Recreation Area, MT&WY
Established by an act of
Congress on October 15,
1966, the Bighorn Canyon
National Recreation Area
houses the Yellowtail Dam.
Named after the famous
Crow chairman Robert
Yellowtail, the dam harnesses
the waters of the Bighorn
River. (National Parks
Service)
The Clean Air Act (CAA) section 107(d) establishes three
air quality designations relative to the NAAQS:
». Nonattainment - any area that does not meet (or
that contributes to ambient air quality in a nearby
area that does not meet) the primary or secondary
NAAQS for the pollutant
» Attainment - any area (other than an area identified
as being in nonattainment) that meets the primary or
secondary NAAQS for the pollutant
» Unelassifiable - any area that cannot be classified
on the basis of available information as meeting or
not meeting the primary or secondary NAAQS for
the pollutant
EPA is generally required by the Clean Air Act to make
designations for the entire country 2 to 3 years after each
new standard is adopted.1 However, for the 8-hour ozone
standard and PM2 5 NAAQS, Congress established specific
schedules and EPA is now moving forward with
implementation and rules for the PM2 5 and the 8-hour
ozone standards. It is the EPA's intent to promulgate
designations for those standards after 2003. A variety of
tools are used to determine .the designation for an airshed
area, including nearby monitors, modeling, or other
methods to determine if an area is or is not meeting the
standard. Air pollutant modeling has proven that some
pollutants can be transported great distances. Therefore, it
is possible that relatively rural areas (e. g. Indian country)
with no nearby sources of air pollutant emissions may not
meet the NAAQS. An area can be in attainment for some
pollutants and in nonattainment for others. In some cases
when there is insufficient air quality data to determine
whether ar area meets the NAAQS, the area may be
designated as "unclassifiable." Such areas are treated in the
same manner as an attainment area. The
Chapter 3
Page 34
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<> Attainment Areas
<> Nonattainment Areas
attainment/nonattainment status of your reservation may
influence your air quality goals.
Some areas in the eastern US that are designated attainment
are treated in the same manner as nonattainment. In the
1990 CAAA these areas were established by Congress as
the Ozone Transport Region. The Region is comprised of
the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, and the
Consolidated Metropolitan Statistical Area that includes the
District of Columbia..
The CAA establishes three classes of attainment/
unclassifiable areas, Class I, II, and III.2 Class.I areas are
held to the strictest air pollution standards. "Federal
Class I" areas are the Class I areas that were created in the
CAA. These areas include national wilderness areas and
national memorial parks greater than 5,000 acres, national
parks greater than 6,000 acres, and international parks.
Additional areas have since been reclassified as Class I
areas, including some Indian reservations.
Class II areas initially were all those areas that were in
attainment or unclassifiable that were not established as
federal Class I areas. Class II areas cari be redesignated as
Class I and receive greater air quality protection;
information on that process is found later in Chapter 4 in
the section on Regional Air Quality. Class II areas can also
be redesignated as Class III areas, which aljows for more
intensive development and greater emissions of criteria
pollutants.
The 1990 CAA Amendments require nonattainment areas
in states to be further classified for some pollutants,
depending on the severity of the air pollution problem.3
Areas designated nonattainment for the 1-hour ozone
standard are divided into five classifications, depending on
the ambient air quality: marginal, moderate, serious, severe,
and extreme.4 The regulatory requirements increase for
each class of nonattainment area, with extreme ozone
nonattainment areas having the most stringent set of
Chapter 3
Page 35
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How are air quality areas
determined?
NA for O3
H NAforSO2
Figure 3-1. Multiple
nonattainment (NA) areas
within a larger NA area. This
map shows two SO2 NA
areas inside the Pittsburgh-
Beaver Valley ozone NA
area.
requirements. Attainment deadlines also vary from 3 years
for marginal areas to 20 years for extreme areas.
Carbon monoxide and particulate matter (with a diameter
less than or equal to 10 micrometers; PM,0) nonattainment
areas are classified as either moderate or serious.5 Each
class of nonattainment area has different regulatory
requirements and attainment deadlines. As with ozone
nonattainment areas, tribes have the flexibility to work with
EPA to ensure that appropriate regulatory requirements are
applied to Indian country sources.
For lead, sulfur oxides, and nitrogen dioxide nonattainment
areas there are no further classifications. Currently, there
are no nitrogen dioxide nonattainment areas.6
To find out if your tribe's reservation is in or near a
nonattainment area, your tribe can consult the Green Book -
Nonattainment Areas for Criteria Pollutants. The Green
Book contains nonattainment areas by county which could
be helpful in determining air quality if your tribe submits a
designation recommendation to' EPA (see below). Online,
The Green Book can be found at
http://\\ ww.epa.gov/oar/oaqps/greenbook. The Green Book
also contains pertinent Federal Register notices.7 '
For states, after the promulgation of a new or revised
NAAQS, the Governor of each state is required to submit to
the EPA a list of recommendations for all areas that are in
nonattainment, attainment, or are unclassifiable with
respect to the new or revised standards. A state
recommendation for designation of an area including or
adjoining an area of Indian Country does not necessarily
determine the designation for that area of Indian country.
However, the conditions that support the state's designation
recommendation, such as air quality data and the location
of sources, may indicate the likelihood that similar
conditions exist in that area of Indian Country.
Tribes are encouraged, but not required, to submit
designation recommendations for their reservations, or
other areas under their jurisdiction, to EPA. In cases where
tribes do not make recommendations, the EPA, upon (
Chapter 3
Page 36
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! NA fcr 03
NAforPM-10
Figure 3-2. Overlapping NA
areas. This map shows the
Searles Valley PM]0 NA area
which partially overlaps the
San Joaquin Valley ozone
NA area.
Figure 3-3. A NA area in
more than one state. This
map shows the Cincinnati-
Hamilton moderate O3 NA
area, which overlaps the
states of Ohio and Kentucky.
consultation with the respective tribe(s), will promulgate
the designation it deems appropriate.8 If a tribe chooses to
recommend a designation, EPA will consult with the
affected tribe if EPA wishes to modify the
recommendation.
Designations tell the public about the nature of the air
quality in a given area for one pollutant. The EPA in the
past has used political or physical boundaries as the default
boundaries for area designations. Political boundaries
could include Metropolitan Statistical Area (MSA) or
Consolidated Metropolitan Statistical Area (C/MSA)
boundaries, county or Indian Country boundaries. MSAs
and C/MSAs are often used as useful default boundaries for
urban areas which capture a densely populated and socially
and economically integrated area. Physical boundaries such
as a watershed, valley, or mountain range, may also define
a designation area.
Designation boundaries can be larger or smaller than any
area of Indian Country, county, or urban area. A tribe may
want to recommend larger area boundaries, for example, if
sources outside their reservation or other areas under their
jurisdiction contribute to violations within such areas. On
the other hand, a tribe may want to recommend smaller
boundaries, for example, if a proposed nonattainment area
covers multiple air basins or includes counties or areas of
Indian Country which are rural in nature. It is possible for
several small nonattainment areas for one pollutant to be
found inside one larger one for a different pollutant (see
Figure 3-1), for two areas designated nonattainment for
different pollutants to overlap (see Figure 3-2)., or for a
nonattainment area to encompass area in more than one
state (see Figure 3-3).
Some of the factors tribes may wish to consider when
submitting nonattainment area boundary recommendations,
rather than C/MSA boundaries, particularly in Indian
country that may not have adequate or any air quality
monitors, include:
» Location of and data from nearby air quality monitors
» Geographic location of the land
Chapter 3
Page 37
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Air Quality Goals
What should be considered
in setting air quality goals
for your TIP?
NOx, S02, and VOC
Emission Trends,
1900-1997
30
million
short
tons
1900 '10 '20 30 '40 '50 "60 70 'JO '90 2000
National emission trends.9
Proximity to the nearest designated nonattainment area
Prevailing meteorology
Location of nearby emissions sources both inside and
outside the area
» Population density
» Degree of urbanization on or nearby the area (including
existing and future commercial and industrial
development)
» Current level of emissions control
» Expected future growth of emissions sources
The existing air quality on your tribe's reservation is the
most important factor in determining the goals for your
TIP. Diverse factors can affect air quality on reservations.
Some reservations are adjacent to urban areas and are
affected by pollutants from the urban area as well as
sources within their boundaries. Other reservations are
"more rural, and may or may not have sources of pollutants
within their boundaries. Because pollutants can travel great
distances, reservations may also be affected by emissions
from source's far outside their boundaries.
Two measures of the existing air quality are the
concentrations of the criteria pollutants (particulate matter,
ozone, sulfur oxides, nitrogen dioxide, carbon monoxide,
and lead) and the impaired view of distant vistas. For those
pollutants with concentrations below the NAAQS, the tribe
would develop a TIP to specify the actions that will
maintain good air quality and prevent deterioration of air
quality. For those pollutants with concentrations above the
NAAQS, the tribe would develop a TIP to specify the
actions the tribe could take to reduce the emissions from
sources on the reservation. If there are some pollutants that
meet the NAAQS and others that violate the NAAQS, or if
the tribe does not know about the air quality, a tribe may
develop both types of TIPs, one to maintain air quality and
one to improve it, depending on the pollutant.
In addition to the existing air quality on your reservation,
other factors to consider when setting air quality goals
include: the importance or value of clean air and clear
Chapter 3
Page 38
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What are some typical initial
air quality goals?
Air quality monitoring
equipment.
This is an Optec NGN-2
nephelometer operated with
solar power in the Mojave
Desert. Also on the tower are
an air temperature sensor,
datalogger, and data
collection platform with
antenna.
(Photo courtesy of Air
Resource Specialists, Inc.)
vistas to the members of your tribe and the tribal economy;
the existing sources and types of air pollutants on or near
your reservation; public health or environmental problems
related to air quality; and the potential for new air pollution
sources to locate on your reservation. You may also want
to develop air quality standards that are more stringent than
the NAAQS for criteria pollutants. Tribes can also develop
air quality goals for non-criteria pollutants to address their
particular social, cultural, and environmental needs; these
goals and strategies to meet them would not be included in
a TIP.
Your preliminary air quality goal may be to assess the
current situation on your reservation by developing an
emissions inventory and establishing an air quality
monitoring network. An emissions inventory is a list of
facilities and activities that cause air pollution, including
the types and amounts of pollutants emitted from those
activities. An air quality monitoring network is one or
more sites where instruments are located to sample the air
continuously, daily, or periodically. Meteorological
stations often are part of air quality monitoring networks.
Monitoring data can be used to determine the
concentrations of pollutants in your communities, and
which of the NAAQS, if any, are being violated.
Information on emissions inventories and air quality
monitoring is provided later in this chapter.
If your tribe has good reason to believe that existing
pollutant concentrations are below the NAAQS (e.g., there
are no significant sources of air pollution on your
reservation or in adjacent areas), your goal may be to
develop maintenance strategies for one or more air
pollutants. The goal of a maintenance strategy is to limit
air pollutant emissions so as to maintain pollutant
concentrations at levels below the NAAQS. If there are
significant sources of air pollution on your reservation, or.
in adjacent areas, the.existing concentrations of some
pollutants may violate the NAAQS. If this is the case, your
goal may be to develop an attainment strategy to reduce the
concentrations of those pollutants to levels betow the
NAAQS. For more information on these options, see
Chapter 4.
Chapter 3
Page 39
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How can nonattainment
areas be redesignated as
attainment areas?
Requirements for
Redesignation from
Nonattainment to
Attainment:
» NAAQS attained
» EPA has approved the
implementation plan
» Improvements in air
quality are permanent
and emissions
reductions are
enforceable
» EPA has approved the
maintenance plan
» All applicable
requirements in the
attainment strategy are
met
A nonattainment area can be redesignated to attainment if
the following conditions are met:10
» The EPA must determine that the NAAQS are attained
based on an appropriate demonstration, which could
include air quality modeling
». The applicable implementation plan must be fully
approved by EPA as meeting all applicable
requirements
» The EPA must determine that improvements in air
quality are due to permanent and enforceable reductions
in emissions; attainment resulting from temporary
reductions in emissions rates (such as reduced
production, shutdown, or temporary adverse economic
conditions) or unusually favorable meteorology would
not qualify
» The EPA must fully approve the maintenance plan
under the CAA section 175A. Maintenance plans may
be submitted prior to or at the same time as the
redesignation request. Section 175A defines the general
framework of a maintenance plan, which must provide
for maintenance of the relevant NAAQS in the aea for
at least 10 years after redesignation. The core
provisions that should be included to ensure
maintenance of the relevant NAAQS are:
> An attainment emissions inventory
> A maintenance demonstration showing
future emissions will not cause a violation of
the NAAQS
> Contingency measures to promptly correct
any violation of the NAAQS that occurs
after redesignation, including all measures
that were contained in the attainment
strategy prior to redesignation
Tribes are encouraged to work closely with states and their
regional EPA office early in the redesignation process to
help ensure that a redesignation request has a high
Chapter 3
Page 40
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What if you want to set
standards more stringent
than the NAAQS?
Developing An
Emissions
Inventory
What is an emissions
inventory?
How can an emissions
inventory be useful to your
tribe?
likelihood of being approved by EPA (see Appendix A,
-Tribal Contacts at EPA).
If the air quality on your reservation is currently better than
the NAAQS, your tribe may want to set air quality goals
more protective than the NAAQS. The Prevention of
Significant Deterioration (PSD) program is a source .
preconstruction permitting program applicable to areas with
air quality that is better than the NAAQS. The primary
purpose of the PSD program is to preserve good air quality
in areas that meet the NAAQS while still allowing
economic development to occur. For more information on
this program, see Chapter 4.
An emissions inventory identifies the activities on your
reservation that cause air pollution and the types and
amounts of pollutants emitted by those activities. A source
of air pollution is any activity that causes pollutants to be
emitted into the air. An emissions inventory is a
quantitative list of the amounts and types of pollutants that
are entering the air from all sources within a certain area.
The fundamental elements in an emissions inventory are the
characteristics and locations of the sources, as well as the
amounts and types of pollutants emitted.
An emissions inventory can help identify air pollution
concerns and determine the air quality goals your tribe
wants to meet. Detailed information on activities on your
reservation that cause air pollution, and the types and
quantities of pollutants generated by those activities, can
help your tribe set and attain its air quality goals.
An emissions inventory is one of the most basic tools of air
quality management. With an emissions inventory, your
tribe can simulate air pollutant formation and transport
(e.g., ozone), estimate potential pollutant concentrations on
your reservation, and estimate the effectiveness of potential
emission reduction requirements.' Chemical transformation
Chapter 3
Page 41
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Are there any regulations
governing the tracking and
reporting of emissions?
What types of emissions
inventories are there?
Dispersion models use
emissions and meteorological
data to project how
pollutants -will spread
(disperse) across a region.n
and computer dispersion models use emissions data and
meteorological data to project how pollutants will form and
spread (disperse) across a region.
For many years EPA has maintained a number of
requirements for emissions inventory reporting. EPA
recently revised and simplified the reporting requirements,
added several new requirements related to particulate
matter and regional haze, and moved them all to a single
location in the Code of Federal Regulations. This action
was called the Consolidated Emission Reporting Rule
(CERR).11 Although the notice publishing the rule says
specifically that Tribes are not required as a general matter
to develop emission inventories or to comply with the
requirements of the CERR, it provides additional guidance
to Tribes on how to develop and quality assure emission
inventories, and discusses some of the benefits of reporting
emissions from Tribal lands into the National Emission
Inventory.
There are three types of emissions inventories, depending
on the intended use of the data: base-year, periodic, and
modeling.
» Base-year inventories provide information about the
emission levels at the start of pollution-control efforts.
These inventories provide a baseline against which
progress in reducing or maintaining emissions can be
measured. They also inform decision-makers about
how much and what types of pollutants are being
emitted which can be used in future permitting
decisions. The other types of inventories are derived
from the base-year inventory, so it is important that it is
as comprehensive, accurate, and current as possible.
» Periodic inventories are generally done every 1-3 years
after the base-year inventory, depending on the needs of
your program. Periodic inventories are used to track
changes in emissions over the time that emission
reduction strategies are implemented in nonattainment
areas. They can be compared to the base-year inventory
to identify the progress achieved in reducing emissions
over the interim period.
Chapter 3
Page 42
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» Modeling inventories are only prepared to support air
quality modeling efforts. Air quality models are used to
simulate the chemical reactions of pollutants and their
dispersion in the atmosphere; Very specific information
on emission sources is required for air quality models
(e.g., stack height, emissions temperature, etc.).
Modeling inventories are based on either allowable or
actual emissions, depending on the purpose of the
modeling. Allowable emissions are the type and
quantity of emissions allowed by regulations.
Allowable emissions for the base-year and projected for
the attainment year are used to evaluate whether an
attainment strategy will reduce emissions enough to
meet the NAAQS. Actual emissions are the type and
quantity of emissions actually emitted from sources
during normal operation and may be more or less than
the allowable emissions. Actual emissions data are
used with air quality monitoring data to evaluate model
performance.
What is an Inventory Careful and thorough planning can greatly facilitate the
Preparation Plan? ' inventory development process and prevent the need for
costly revisions-. Before an inventory is developed, an
Inventory Preparation Plan (IPP) should be prepared.13 An
IPP is a concise, prescriptive document that includes
inventory objectives and general procedures, and clearly
describes how the tribe will document and present the
inventory to EPA and/or others.
As part of the IPP process, the tribe should consider:
» Scope of the inventory
» End uses of the data
» Availability and usefulness of existing data
» Strategy for data collection and management
In general, most IPP's:
» Define the geographic inventory area
» Define the attainment or nonattainment status of the
area
» Define the scope of the inventory (i.e., identify which
types of sources and pollutants will be covered, and for
which year)
Chapter 3 Page 43
-------
How does your tribe start
creating an emissions
inventory?
Brisacre At AM/ — Erasers
Rrtnr * Qfel Bin*!
Formula for calculating
emissions estimates.
» Specify who is responsible for preparing the inventory
and each person's responsibilities
>> Identify plans for data collection, analysis, and emission
estimation procedures
» Describe quality control and quality assurance
procedures14
To begin creating an emissions inventory, your tribe will
need to identify potential sources of emissions on your
reservation. The EPA's Office of Air Quality Planning
and Standards, Emissions Monitoring and Analysis
Division, maintains a preliminary database of emissions
inventory information on many sources in Indian country
and the states. A local business directory and phone book
can also be a good starting point. Service and retail
businesses can usually be ruled out (with some exceptions,
such as sources that use a lot of solvent or gasoline
distribution facilities); concentrate on manufacturing,
treatment plants, assembly, extraction, storage, engines, and
utilities. Other types' of sources include burning and dust
from construction and unpaved roads.
While planning your inventory, the tribe may want to send
a letter to the business asking for general information on
the work they do. Your tribe can also obtain information
by visiting the facility and asking for a tour. Once you have
a list of sources, the tribe can begin compiling information
for your inventory.
To collect data, the tribe may need to develop reporting
forms. Your regional EPA office and the states
surrounding your reservation may have a sample reporting
form that your tribe can use or modify. Examples of the
type of information it would be useful to obtain from each
source:
» The name and location of the source
» The owner/operator's contact information
» A description of the activities causing the emissions
» The source's current compliance status with regulations
» The source's operating parameters and schedules
» The pollutants emitted (controlled and uncontrolled)
» The emission rates of each pollutant emitted
» The control methods used
Chapter 3
Page 44
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Developing An
Air Quality
Monitoring
Program
What is an air quality
monitoring program? Does
your Tribe need one?
» Characteristics of the emissions (i.e., ground level, roof
. level, stack, gas temperature)
» Activity data (i.e., tons per year of input used (e.g.
gallons of paint) or output produced)
The EPA provides several resources and guidance
documents to assist the tribe in planning and developing an
emission inventory.
15
» The ClearingHouse for Inventories and Emissions
Factors (CHIEF)
» Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter NAAQS and Regional
Haze Regulations
» The Emissions Inventory Improvement Program (EIIP)
» The Compilation of Air Pollutant Emission Factors,
AP-42, Volumes I and II
» Additional information, including the types of sources
and emissions to include in an emissions inventory,
approaches to inventory development, and additional
resources, are provided in Appendix F, Emissions
Inventories.
An air quality monitoring program provides information on
the ambient pollution levels for a given area. This
information can be used to identify changes in air quality
and to determine whether the area meets the NAAQS for
the criteria pollutants. Air quality data are also important
for determining the goals of your TIP and the actions
necessary to obtain or sustain good quality air. However,
your tribe does not need to have a NAAQS determination
or monitors to develop a TIP.
Chapter 3
Page 45
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Jay Little-wolf, Administrator
of the Northern Cheyenne
Tribe's Air Quality Program,
checks PM monitoring
equipment.
Information on existing monitoring stations is available
through the Office of Air Quality Planning and Standards at
www.epa.gov/oar/oaqps/qa/monprog.html. You can
discuss with EPA what currently available ambient
monitoring data may be representative of pollutant levels
for your reservation. Based on this discussion, your tribe
may decide to accept the existing ambient monitoring
networks as being adequate to provide data which are
representative of your reservation. Or your tribe may
decide, in conjunction with EPA, that additional monitoring
on your reservation by either your tribe or EPA is needed to
establish and track ambient pollutant levels there.
The tribe is not required to have an air quality monitoring
network in order to adopt TIP measures. If your tribe
decides to implement an air quality monitoring system, data
from an emissions inventory can be useful in determining
where to site or locate the monitors.
What should a monitoring
program achieve?
Scott Williams, technician for
the Norther Cheyenne Tribe's
Air Quality Program,
changes a filter on a PM
monitor.
Monitoring programs usually measure the concentrations of
the criteria pollutants across an area at. regular intervals; the '
concentrations of hazardous air pollutants can also be
measured. Before designing a monitoring network, it is
helpful to determine your purpose in monitoring. Does the
tribe want to:
Determine whether average pollutant concentrations are
above or below the NAAQS?
Determine highest levels of air pollution expected to
occur in the area?
Determine the extent of regional pollutant transport?
Determine representative levels of air pollution in areas
of high population density?
Determine general background concentrations of
pollutants?
Determine the impact of significant sources of air
pollution on overall levels of air pollution?
Determine the economic, cultural and public welfare-
related impacts of pollutants on visibility, vegetation,
health, and other factors?
Chapter 3
Page 46
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How does the tribe report
and use the data?
A monitoring station used by
the Norther Cheyenne Tribe's
Air Quality Program.
If an objective of your monitoring program is to determine
if the NAAQS are being met, the program must satisfy the
technical requirements given in 40 CFR 58 to achieve the
following goals:16
» Acceptable quality assurance procedures, which are
necessary to provide data that meet the basic'objectives
and to minimize loss of data
» Proper equipment and methods
» Proper location and number of monitoring stations
» Proper location of the equipment that collects air
samples (after selection of the general location of a
monitoring station)
» At least one monitor that operates during air pollution
emergency episodes
Data on air pollution levels obtained using federal reference
methods are submitted to the EPA's Aerometric
Information Retrieval System-Air Quality System (AIRS-
AQS). This database provides easily-retrieved information
on the levels of the criteria pollutants in all areas of the
country. The EPA's procedures for reporting and using
data ensure timely and widespread access to accurate
information. Anyone who has access to the World Wide
Web may browse and obtain reports from AIRS-AQS at
www.epa.gov/airs/. . '
If your tribe is administering an air quality monitoring
program, the tribe should also prepare an annual statistical
report for the EPA. This report should summarize
information about the highest levels recorded for each
criteria pollutant and monitoring station.
Your tribe can use the data collected to determine whether
the reservation's air quality is better or worse than the
NAAQS.. If the tribe is collecting data for determining
whether an area meets the NAAQS, EPA's regulations
require complete data from three consecutive calendar •
years. The requirement of complete data underscores the
importance of following quality assurance procedures
because they ensure minimal data loss. If your tribe is
collecting data to compare to air quality modeling results, it
is also useful to collect meteorological data, such as
temperature, wind speed, and wind direction.
Chapter 3
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How does your tribe start an
air quality monitoring
program?
Outdoor training and
evaluation platform at the
TAMS Center in Las Vegas.
Conclusion
In addition to the resources mentioned above, there are
additional resources available to assist your tribe in
developing an air quality monitoring program:17
» 40 CFR Parts 50, 53, 58
» EPA's Air Pollutant Monitoring website provides
general monitoring information and information on
existing monitoring systems (www.epa.gov/oar/
oaqps/montring.html).
» The EPA's Ambient Monitoring Technology
Information Center (www.epa.gov/ttn/amtic) provides
technical information on monitoring programs and
methods, along with monitoring guidance documents
and articles.
» The Tribal Air Monitoring Support Center (TAMS),
located at EPA's Radiation and Indoor Environments
National Laboratory at the University of Nevada, Las
Vegas, provides hands-on training and support services
for tribal air professionals x>n the topic of air quality
monitoring (www.cet.nau.edu/itep/TAMS/
TAMS_default.htm).
» Additional information, including the types of monitors
and monitoring networks, the objectives of a .
monitoring network, the spatial scales for monitoring
networks, and additional resources are provided in
Appendix G Air Quality Monitoring.
The air quality goals your tribe sets for criteria pollutants
can be addressed in a TIP. To set such goals, it may be
helpful to gather data about the sources of air'pollution and
the ambient air quality on your reservation through an
emissions inventory and an air quality monitoring program.
If your tribe develops a monitoring program, your tribe
should periodically review it to determine whether it
achieves the basic objectives. If the program does not
achieve its objectives, it can be modified. The tribe can use
information from these data gathering techniques to guide
your decision-making, determine which control strategies
to use, and later, evaluate the effects of your efforts. ,
Chapter 3
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Endnotes
1. The EPA revised the air quality standards for participate matter and ground level ozone in
1997. Implementation of the revised standards was delayed by litigation until February
27, 2001, when the U.S. Supreme Court ruled in the case. EPA must determine how it
will implement the revised standards consistent with the Court's decision.
2. For more information on Class I, II, and III designations of attainment areas, see the CAA
section 162.
3. For more information on the NAAQS, see the Office of Air Quality Planning and
Standards' NAAQS information page (www.epa.gov/airs/criteria.html) and criteria
pollutant page (www.epa.gov/oar/aqtrnd97/brochure/sixprin.html). Information on
NAAQS standards can be found at www.epa.gov/ttn/oarpg/tlrhain.html. For more
information on nonattainment areas, see the Office of Air Quality Planning and Standards
nonattainment website, www.epa.gov/airs/nonattn.html. For a complete listing of
nonattainment areas, see EPA's Green Book, accessible at www.epa.gov/oar/
oaqps/greenbk/index.html.
4. For more information on ozone nonattainment area requirements, see the CAA
sections 181 through 185.
5. For more information on carbon monoxide nonattainment area requirements, see the
CAA sections 186 and 187. For more information on PM nonattainment area
requirements, see the CAA sections 188 through 190.
6. For more information on sulfur oxide, lead, or nitrogen dioxide nonattainment area
requirements, see the CAA sections 191 and 192.
7. The Green Book can also be found at 40 CFR Part 81.
8. For more information on ozone designations, see EPA's Guidance on 8-Hour Ozone
Designations for Indian Tribes, available on the Office of Air and Radiation's TribalAIR
website, www.epa.gov/oar/tribal/airprogs/tribe8hd.html.
9. This graph is from the National Air Pollutant Emission Trends Update: 1970 -1997,
December 1998, www.epa.gov/ttn/chief/trends/trends97/index.html.
10. The criteria for redesignation from nonattaiment to attainment are given in the CAA
section 107(d)(3)(E).
11. The Consolidated Emission Reporting Rule (CERR) can be found in the Federal Register,
67 FR 39602, June 10, 2002 (www.access.gpo.gov/su_docs/fedreg/a0206/oc.html).
12. Image provided courtesy of AirNova, Pennsauken, NJ.
Chapter 3 Page 49
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13. For more information on developing an Inventory Preparation Plan, see EPA's,
Handbook for Criteria Pollutant Inventory Development: A Beginner's Guide for Point
and Area Sources (www.epa.gbv/ttn/chief/txt/beginner.pdf). or see Emissions Inventory
Guidance for Implementation of Ozone and Paniculate Matter NAAQS and Regional
Haze Regulations (www.epa.gov/ttn/chief/txt/eidocfnl.pdf; reference number
EPA-454/R-99-006).
14 Quality Control' (QC) includes the system of technical activities yourtribe implements to
measure and control the quality of the inventory as it is being developed. Examples of
QC measures include technical reviews, accuracy checks, and the use of approved
emissions estimation procedures. Quality Assurance (QA) is an external review and audit
conducted by personnel not working on the inventory' s development to assess the
effectiveness of the QC program and the completeness and accuracy of the inventory.
15. The following resources on emissions inventories are presented in this chapter:
» The ClearingHouse for Inventories and Emissions Factors (CHIEF) at
www.epa.gov/ttn/chief is an on-line resources with information on emissions factors,
emissions inventories, and emissions estimation software. This site includes a link to
the Handbook for Criteria Pollutant Inventory Development: A Beginner's Guide for
Point and Area Sources (reference number EPA-454/R-99-037).
» The Emissions Inventory Guidance for Implementation of Ozone and Paniculate
Matter NAAQS and Regional Haze Regulations, April 1999,
www.epa.gov/ttn/chief/txt/eidocfnl.pdf (reference number EPA-454/R-99-006). This
document contains information about preparing IPPs, as well as information
concerning the preparation of emission inventories for nonattainment area planing.
» The Emissions Inventory Improvement Program (EIIP). The primary guidance on
inventory development is summarized in the EIIP Document Series, Volumes I-X,
accessible through the EIIP website
(www.epa.gov/ttn/chief/eiip/techreport/index.html) and the National Technical
Information Service (www.ntis.gov/ or (703) 605-6000). These volumes contain
information on planning an emissions inventory, estimating emissions from different
types of sources, data management, recordkeeping, and quality control and quality
assurance.
» The Compilation of Air Pollutant Emission Factors, AP-42
(www.epa.gov/ttn/chief/ap42/), contains information on over 200 stationary,
including brief descriptions of processes used, potential sources of air emissions from
the processes and in many cases common methods used to control these air emissions.
Volume II contains information on emission factors from mobile sources.
16. Regulations on ambient air quality monitoring can be found in 40 CFR 51 Appendix P
and 40 CFR 58 .
17. The following resources on air quality monitoring are presented in this chapter:
» Information on existing air quality monitoring stations is available through the Office
Chapters ' . Page 50
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of Air Quality Planning and Standards at www.epa.gov/oar/oaqps/qa/ monprog.html.
The Aerometric Information Retrieval System—Air Quality System (AIRS-AQS) is a
database with information on the levels of the criteria pollutants in all areas of the
country (www.epa.gov/airs/).
40 CFR Parts 50, 53, 58.
The EPA's Ambient Monitoring Technology Information Center (www.epa.gov/
ttn/amtic) provides technical information on monitoring programs and methods, along
with monitoring guidance documents and articles.
EPA's Air Pollutant Monitoring website provides general monitoring information and
information on existing monitoring systems (www.epa.gov/oar/oaqps/montring.htrril).
The Tribal Air Monitoring Support Center provides hands-on training and support
services for tribal air professionals on the topic of air quality monitoring
(www.cet.nau.edu/itep/TAMS/ TAMS_default.htm) or (702) 798-2559.
Chapters Page 51
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Chapter 4 Potential TIP Program
Elements
As previously discussed, the TAR provides tribes with the
flexibility to adopt partial TIPs, so long as the adopted
program elements are "reasonably sevefable" from the
program elements that are not included in the TIP.1 Data
from emissions inventories and air quality monitoring, can
be used to determine the air quality goals and needs of your
reservation and which TIP elements, if any, your tribe may
want to adopt. Or, the tribe may choose to implement some
TIP program elements without air quality monitoring data
or an emission inventory in order to address gaps in
regulations. This chapter focuses on the potential TIP
elements that your tribe can adopt to help reach the tribe's
air quality goals, including:
» maintenance strategies
» attainment strategies
» source preconstruction permits
» regional haze plans
Chapter 4 Page 53
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Maintenance
Strategies
What is a maintenance
strategy?
The goal of a
maintenance strategy is
to limit air pollutant
emissions so as to
maintain pollutant
concentrations at levels
below the NAAQS.
If your tribe has good reason to believe that existing air
pollutant concentrations on your reservation are below the
National Ambient Air Quality Standards(NAAQS) your
goal may be to develop a maintenance strategy for one or
more air pollutants.2 Your tribe may also choose to develop
a maintenance strategy for only a portion of your
reservation (instead of the entire area) if another portion has
been designated nonattainment. The goal of a maintenance
strategy is to limit air pollutant emissions so as to maintain
pollutant concentrations at levels below the NAAQS.
What are the basic steps for
developing a maintenance
strategy?
Establish enforceable
emission limits
To develop a maintenance strategy, your tribe would obtain
data (including that from an emissions inventory and air
quality monitoring) and conduct analyses necessary to
accomplish the following objectives, as applicable:
» Establish'enforceable emission limits
» Write enforceable regulations
» Prevent downwind NAAQS violations
» Create an appropriate compliance schedule
Your tribe can establish enforceable emission limits for
new and existing emission sources on your reservation.
Most emissions limits are on equipment, although your
tribe can establish a maximum emissions level or "cap" for
a facility. To determine at what level emissions limits
should be set, ascertain the amount of emissions your tribe
could permit that would still allow the reservation to meet
its air quality goals. Your tribe may wish to consider
innovative approaches to establishing enforceable emission
limits, such as averaging and bubbling. Bubbling enables a
source to average emissions from the entire facility, while
averaging enables a source to average emissions from
several similar emission points within the facility.
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Write enforceable One basic purpose of regulations is to list the actions that
regulations • the owners and operators of sources must take to help
achieve your tribe's air quality goals. To be enforceable,
regulations must be clear and specific. Regulations could
include technology-based standards and market-based
standards, which are discussed in the upcoming Attainment
strategies section - Identify appropriate control measures.
The methods of determining compliance must be clear for
both sources and the tribal air program staff. Your tribe
also needs to adopt regulations in accordance with tribal
law and administrative procedures (see Chapter 6 for more
information) and your tribe must have the authority to
enforce the regulations (see Chapter 5 for more
information). - ' .
For many types of sources, the states and/or the
Environmental Protection Agency (EPA) have regulations
which can be used as models for your tribe's regulations.
The EPA has also written many guidance documents to
assist states and tribes in developing enforceable
regulations. Resources that can help your tribe write
.enforceable regulations include:
» The State and Territorial Air Pollution and Program
Administrators/Association of Local Air Pollution
Control Officials (STAPPA/ALAPCO) publishes
reference guides that contain "menus of options" for
controlling various sources of pollutants
(www.4cleanair.org/).
» The EPA Office of Air and Radiation's (OAR) Policy
and Guidance Information web site is designed to
provide access to rules, policy, and guidance documents
produced by the OAR. This site provides easy access to
both current and historical regulatory information
(www.epa.gov/ttn/oarpg/).
» The EPA's Air Quality Office in your region can help
your tribe identify existing state and local regulations
that can serve as models for your tribe's regulations (see
Appendix A).
Chapter 4 Page 55
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Prevent downwind
NAAQS violations
0 Create an appropriate
compliance schedule
What can be done about new
sources of emissions?
» Appendix G, TIP Enforceability Checklist, provides
general criteria that can be used to determine if
regulations are clearly written and approvable.
» Appendix J, Regulation Development
The Clean Air Act (CAA) section 110(a)(2)(D) prohibits
emissions from one area from negatively impacting air
quality in another area. The EPA is responsible for
resolving problems over inter-jurisdictional transport of air
pollutants. More information about EPA intervention can
be found later in this chapter under Regional Air Quality:
Can EPA intervene in regional air quality problems?
Tribes may submit a TIP that includes enforceable emission
limits and compliance schedules and not include evidence
that the emission limits are adequate to prevent NAAQS
violations. The EPA can fully approve such TIP elements
as progress toward developing a more complete
implementation plan that meets the tribes air quality goals.
In such a case, if necessary and appropriate, EPA will
determine if the tribe's emission limits will prevent
NAAQS violations.
If your maintenance plan establishes new emission limits, it
should also, set an expeditious schedule by which sources
must comply with the regulations. The CAA generally
requires states to implement emission control programs
within 3-5 years. Some emission reductions should be
achieved each year until the regulations are fully
implemented. In addition, your maintenance plan should
include a schedule for periodic review of your emissions
inventory and modeling data, if applicable. Reviewing the
air quality data for your reservation will help your tribe
determine if your tribe is meeting your goal to maintain air
quality better than the NAAQS.
Construction of new sources on the reservation could add
enough emissions that the goals of maintaining the NAAQS
would not be met. Therefore, your tribe may also want to
adopt, as a separate TIP element, a preconstruction permit
program to review plans for new major sources of
emissions (and major modifications to existing emission
Chapter 4
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How does your tribe start
creating a maintenance
strategy?
sources) and issue permits that limit emissions from those
sources.
The Prevention of Significant Deterioration program (PSD)
is a preconstruction permit program for areas with air
quality that is better than the NAAQS. There is a federal
PSD program, which EPA administers, that applies in
Indian country. The PSD program can help your tribe
preserve good air quality while still allowing economic ,
development to occur.
Under a PSD program, the tribe can require major sources
wanting to locate on your reservation to model their
projected air quality impacts at various distances from their
proposed locations (i.e., 20 km, 30 km, 40 km, 50 km).
You can then limit emissions from the sources to reduce the
impact on the air quality.
If your tribe chooses to adopt and administer a PSD
program it will help you develop communications with
jurisdictions that border your reservation. By alerting your
neighbors of any emission increases on your reservation,
they can account for those emissions in their air quality
planning. Furthermore, by increasing communication with
surrounding jurisdictions, your tribe will be more informed
of emission changes outside its reservation that may affects
its air quality.
Your tribe can also establish a similar program to review
construction plans for minor new sources. More
information can be found later in this chapter under Source
Preconstruction Permits.
To start creating a maintenance strategy, it may be useful to
inventory the sources, types, and quantities of air pollutants
emitted on your reservation. Your tribe may also want to
determine the current concentrations of those pollutants
relative to the NAAQS through ambient air quality
monitoring and/or modeling. In addition to the references
provided in this document, the Air Quality Program of your
regional EPA office can assist your tribe in this effort (see
Appendix A).
Chapter 4
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Attainment
Strategies
What is an attainment
strategy?
The goal of an attainment
strategy is to reduce the
concentrations of
pollutants to levels below
theNAAQS.
What are the basic steps for
developing an attainment
strategy?
The existing concentrations of some pollutants on your
reservation may be above the NAAQS if there are
significant sources of air pollution on your reservation or in
adjacent areas. In those cases, or in the case where EPA
has designated your reservation as being nonattainment,
your goal may be to develop an attainment strategy to
reduce the concentrations of those pollutants to levels
below the NAAQS. Your tribe may also choose to develop
an attainment strategy for a portion of your reservation
(instead of the entire reservation) if it is appropriate.
Your tribe may decide to concentrate its efforts on
regulating the existing sources of emissions, and possibly
on regulating new sources of air pollution, as well. As your
tribe develops an attainment strategy, it should consider
how to best maintain a balance-between its air quality
regulations, its economy, and its culture. The appropriate
balance will depend on the relationships between these and
other factors, and the values, goals, and priorities of your
tribe.
To develop an attainment strategy, your tribe would obtain
the data (including that from an emissions inventory and air
quality monitoring) and conduct the analyses necessary to
accomplish the following objectives, as applicable:3
» Ascertain the effect of emissions from sources within
and outside the TIP area
» Determine emission reductions needed to attain or
maintain the NAAQS for the pollutant(s) of concern
» Identify which emission control measures to use to
bring your area into attainment and allow it to stay in
attainment
» Write enforceable regulations that require sources to
implement emission control measures that result in
verifiable emission reductions
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Everglades National Park,
FL
With a rich cultural history
dating back to 10,000 B.C.,
the Everglades are the tribal
homelands of the Tequesta in
southeast Florida; the Calusa
in the southwest; and the
Jeaga and Ais along the east
coast north of the Tequesta;
and the Mayaimi, Creek, and
Seminoles near Lake
Okeechobee.
(Photo courtesy of the
National Parks Service)
0 Ascertain the effect of
emissions from sources
within and outside the
TIP area
» Prevent downwind NAAQS violations
» Create a schedule that sources will follow to comply
with the regulations, ensuring progress toward
attainment
» Develop "contingency measures" for situations in
which air quality improvements do not occur according
to schedule
The EPA has prepared policy memoranda related to
attainment strategies which are available at EPA's site for
NAAQS policy and guidance memos
(www.epa.gov/ttn/oarpg/tlpgm.html). Literature in the
fields of engineering, policy analysis; and economics
discusses emission control measures for specific sources
and how to package individual measures into a
comprehensive plan. Since the Tribal Authority Rule
(TAR) allows tribes to adopt severable TIP elements and to
build a TIP in a modular fashion, your tribe may select the
requirements that meet its air quality objectives (provided
such elements are not integrally related to program
elements not included in the TIP). Your tribe should
contact the regional EPA office before submitting your TIP
(see Appendix A). The following discussion-of attainment
strategies presents a general framework for planning.
The information in your tribe's emission inventory on the
types and amounts of pollutants emitted by sources can be
used to determine the impacts of those sources on pollutant
concentrations on the reservation. Another reason the air
quality on your reservation may be worse than the NAAQS
is air pollution from nearby, non-reservation sources being
transported across your reservation boundaries: Sources of
pollutants outside the TIP area may be a concern if your
reservation is adjacent to or surrounded by a state
nonattainment area, or if it is downwind of major sources of
emissions that are not under your tribe's, jurisdiction.
Your tribe may want to ascertain the potential effects that
pollutants from sources outside the TIP area have on your
reservation's air quality. Therefore, an appropriate air
Chapter 4
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quality model, as recommended in EPA's Guideline on Air
Quality Models,4 can be used to estimate the effects of
emissions from those sources and activities, located both on
and off the reservation, on the reservation's air quality. The
modeled pollutant concentrations, when added to an overall
background (natural) pollutant levels on the reservation,
gives an estimate of the total concentration of each
pollutant. The effects of emissions from sources located
off the reservation on total pollutant concentrations can be
estimated by running the model with only those sources,
and separately running the model with sources located on
the reservation.
Some pollutants, such as ozone and fine paniculate matter,
are not emitted directly from a source, but rather are formed
in the atmosphere through chemical reactions with
emissions from many sources over a large area. These
secondary pollutants are regional in nature and
consequently are inappropriate for the type of analysis
described above. ;
Your tribe can only regulate sources within its jurisdiction.
However, if your tribe determines that emissions from
sources outside the TIP area are causing your reservation's
air quality to exceed the NAAQS, or if your tribe'worries
that such emissions may cause future air quality problems
on your reservation, there are steps your tribe can .take. For
more information, see the section on Regional Air Quality
later in this chapter. Your tribe can also approach the
regional office for assistance in making these assessments.
<> Determine the necessary To determine the emission reductions needed from sources
emission reductions on your reservation, the monitoring data your tribe collects
must be compared to the NAAQS. To make this
comparison, your tribe needs to calculate the "design value"
for each pollutant of concern. The design value is the
monitoring data in the same form and over the same
averaging period as the NAAQS. The method for
calculating the design value depends upon the units and
averaging time of the NAAQS.5 Your tribe should follow
EPA's data handling conventions and computational
formulas when determining design values. More
information on the data analysis requirements can be foynd
. Chapter 4 ' Page 60
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Sources outside your TIP
area, such as this industrial
complex, may transport
pollutants onto your TIP
area.
<> Identify appropriate
control measures
Control measures may be
technology-based or
market-based.
in the Code of Federal Regulations (CFR) at 40 CFR 50
(accessible at vtfwwiaccess.gpo.gov/nara/cfr/ index.html).
If the design value for a pollutant is greater than the
NAAQS, the area violates the NAAQS for that pollutant.
For example, the NAAQS for carbon monoxide (CO)
is 9 parts per million (ppm) for an 8-hour average
concentration. If the design value for CO on your
reservation is 10 ppm, it indicates that the concentration of
CO in the ambient air exceeds the NAAQS and your design
value must be reduced by at least 1 ppm or ten percent.
To reduce the ambient concentration of CO, your tribe
could: (1) reduce the CO emissions by a fixed amount
(about 10 percent) from every source in your emission
inventory; or (2) reduce the CO emissions from different
sources by different amounts (based on the cost
effectiveness of control options or other factors important
to your tribe). For the latter strategy, your tribe could use
air quality modeling to test different combinations of
reductions before deciding which combination to use.
Some pollutants, such as ozone, are formed from more than
one precursor pollutant through complicated atmospheric
chemistry; these pollutants would require more complex
strategies to determine which precursor pollutant emissions
to reduce, by how much, and from which sources.
The hurdle that proposed control measures must clear is
whether, taken as a group, they can achieve the emission
reductions necessary to decrease pollutant concentrations
by the amount indicated by the design value (see above).6
A fundamental choice that your tribe will make when
selecting control measures is whether it will adopt a
technology-based or a market-based strategy.
With a technology-based strategy, your tribe would
require a process change or an emission limitation for a
piece of equipment or process. For example, your tribe
might set the maximum allowable sulfur dioxide emission
rate from a process; set the maximum allowable volatile
organic compound content allowed in coatings (such as
those used in the manufacturing wood products); require
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Nez Perce National
Historical Park, ID
For thousands of years the
valleys, prairies, mountains
and plateaus of the inland
northwest have been home to
the Nez Perce people. The
park also houses the
battlefield from the War of
1877, where the Nez Perce
people fought the U.S. Army.
(National Parks Service)
work practices such as wetting dry, dusty materials at
construction sites to reduce particulate matter emissions; or
require the installation of a certain pollution control device
for reducing emissions. These measures are technology-
based.
If your tribe prescribes emission limitations or emission-
reducing actions for each source or category of sources,
regulations must require the use of Reasonably Available
Control Technologies (RACT) or Reasonably Available
Control Measures (RACM).7 RACT is typically for large
point sources such as industrial facilities, while RACM is
for area sources such as agricultural operations.
The EPA has many resources to provide guidance for the
selection of appropriate control measures. The Clean Air
Technology Center (CATC) is a resource on all areas of
emerging and existing air pollution prevention and control
technologies, and provides public access to information on
their use, effectiveness, and cost. In addition, the CATC
will provide support, as resources allow, related to the
technical and economic feasibility, operation, and
maintenance of these technologies. The
RACT/BACT/LAER Clearinghouse within the CATC
contains information from state and local air pollution
control agencies that can be used in determining what types
of controls and pollution prevention measures have been
applied to and/or are required for various sources, the
effectiveness of these technologies, and the annualized cost
of purchase, operation, and maintenance.8 More
information on the CATC is available at
www.epa.gov/ttn/catc/.
A market-based strategy, or economic incentive program,
achieves air quality objectives by providing market-based
incentives or information to emission sources.9 There are
four main types of economic incentive programs:
» Emission trading programs limit the total emissions
from a certain type or group of sources and allow the
sources to trade or buy emission credits to comply with
their individual emission limits
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The selection of control
measures depends on
several factors, including:
• Number and types of
sources
• Pollutants to be
reduced
• Expertise, experience,
and number of air
program staff
• Effectiveness, cost
and fairness of
various control
measures
» Financial mechanism programs include fees paid by
emitters for each unit of emissions, or subsidies that
promote pollution-reducing activities or products
» Clean air investment funds allow sources with high
costs for reducing emissions to pay into a fund instead;
the funds are then used by the regulatory authority to
procure emission reductions elsewhere
» Public information programs include educational
programs, product certifications, "ozone action days,"
and other information people can consider when
making choices that affect air quality
A market-based strategy is most successful when several
large sources that continuously monitor emissions
participate. Your tribe may consider requiring certain
sources to join an existing regional market-based trading
program to achieve emission reductions. Guidance on
developing an economic incentive program can be found in
Improving Air Quality -with Economic Incentive'Programs
(EPA-452/R-01-001, January 2001), available at
www.epa.gov/ttn/oarpg/tlmain.html and through EPA's
Air and Radiation Docket and Information Center (Docket
Number A-97-27) by calling (202) 260-7548.
The best regulatory approach for your tribe depends on the
number and types of sources your tribe is regulating, the
pollutants to be reduced, the expertise, experience, and
number of your air program's staff, and other
considerations. Your situation is likely to be different from
that of other tribes. If your tribe chooses a technology-
based approach, it will restrict the flexibility that sources
have in complying, but it will create a program that is
relatively easy to implement. If your tribe chooses a
market-based approach, it will provide maximum
compliance flexibility (which may reduce the total cost of.
compliance for sources), but will create a more complicated
system to implement.
Only careful investigation of the options for limiting
emissions from the sources under your jurisdiction will tell
which control measures are best for your tribe. Because
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0 Write enforceable
regulations
0 Prevent downwind
NAAQS violations
"best" could mean several things, another important part of
the air quality planning process is to explicitly state the
criteria that your tribe will use to select control measures.
Criteria may include effectiveness, cost, and fairness.
Questions to ask when selecting control measures include:
» How well does the method reduce emissions?
» How certain are the reductions using the method?
» Are the reductions sufficient to ensure the source is not
causing an air quality violation downwind?
» What is the total cost? Cost per ton of pollution
reduced? Up-front capital cost? Annual operating and
maintenance cost?
As discussed above under Maintenance Strategies,
regulations must be clear and specific and the methods of
determining compliance must be clear for both sources and
the tribe's air program staff. Regulations need to be written
in accordance with tribal law and administrative procedures
(see Chapter 6 for more information) and your tribe must
have the authority to enforce the regulations (see Chapter 5
for more information).
For many types of sources, the states and/or the
Environmental Protection Agency (EPA) have developed
many resources and guidance documents to assist in
developing enforceable regulations. Jn addition, Appendix
G, TIP Enforceability Checklist, provides general criteria
that can be used to determine if regulations are clearly
written and approvable and Appendix J, Regulation
Development provides useful information.
The Clean Air Act (CAA) section 110(a)(2)(D) prohibits
emissions from one area from negatively impacting air
quality in another area. The EPA is responsible for
resolving problems over inter-jurisdictional transport of air
pollutants: More information about EPA intervention can
be found later in this chapter under Regional Air Quality:
Can EPA intervene in regional air quality problems?
Tribes may submit a TIP that includes enforceable emission
limits and compliance schedules and not. include evidence
that the emission limits are adequate to prevent NAAQS
Chapter 4
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<> Create an appropriate
schedule for emission
reductions
0 Develop appropriate
contingency measures
violations. The EPA can fully approve such TIP elements
as progress toward developing a more complete
implementation plan that meets the tribes air quality goals.
In such a case, if necessary and appropriate, EPA will
determine if the tribe's emission limits will prevent
NAAQS violations.
Your attainment strategy should include a schedule by
which sources must comply with regulations. The
compliance date should allow the sources to comply
without great economic difficulty and ensure attainment of
the NAAQS as soon as possible. The CAA generally
requires states to implement attainment strategies within
five years of less
Your tribe may want your schedule to ensure that
reasonable further progress (RFP) is made in annual
emission reductions. RFP, or annual incremental emission
reductions, are required for state nonattainment areas. To
make RFP, some emission reductions should be achieved
each year (i.e., new regulations take effect of new sources
must comply each year) until the attainment strategy is fully
implemented.
Your tribe may or may not decide to demonstrate RFP
through the schedule you develop. However,- when tribal
lands are part of a multi-state jurisdictional area, if the tribe
does not show that the emission limits in their TIP are
adequate to prevent NAAQS violations and make RFP,
EPA will review the emission limits and compliance
schedules to assure that they will not interfere with the
overall plan to attain the NAAQS in the area. In cases
where sources on tribal lands would interfere with an area
meeting it's attainment date, EPA will develop a FIP to
reduce emissions from those sources, where necessary and
appropriate, since the tribe is not required to meet the
attainment date.
The tribe should discuss with the regional office the need
for including contingency measures in the TIP.
Contingency measures should accomplish about 1 year's
worth of progress toward meeting the NAAQS, or an
additional 20 to 25 percent of the emissions being
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What can be done about new
sources of emissions?
How does your tribe start
creating an attainment
strategy?
reduced.10 For example, if emissions must be reduced 100
tons per year to attain the NAAQS, contingency measures
should be capable of reducing emissions by an additional
20 to 25 tons per year. Your tribe should also establish
criteria for determining when and if the contingency
measures have to be implemented, and set a schedule for
implementing them, if needed. If your tribe does not
include contingency measures in their TIP, EPA will adopt
additional measures to fill the gap, where necessary and
appropriate.
Construction of new sources on the reservation could add
enough emissions that the goal of the TIP to attain and
maintain the NAAQS would not be met. Therefore, the
tribe may also want to include source preconstruction
permit programs as a seperate TIP element in their TIP.
The program, applicable to areas with air quality that is
worse than the NAAQS, is a nonattainment New Source
Review (NSR) program. You can limit the impacts of
emissions from new major sources and major modifications
to existing sources with a NSR program. Tribes can also
establish a similar program to review construction plans for
new minor sources. For more information, see the Source
Preconstruction Permits section later in this chapter.
To start developing an attainment strategy, your tribe will
need to determine the emission reductions necessary to
attain and maintain the NAAQS for the pollutant(s) of
concern. Your tribe will also need to identify the sources of
air pollution that need to be controlled and the emission
control measures your tribe wants to require to achieve
these emission reductions. Your tribe's attainment strategy
may include adopting a source preconstruction permitting
program and creating a mandatory schedule for sources to
implement emission, control measures. Contingency
measures for situations in which emission reductions do not
occur according to schedule are another element your tribe
can. include in an attainment strategy. In addition to the
references provided in this document, the Air Quality
Program of your regional EPA office can also provide
guidance as your tribe creates an attainment strategy (see
Appendix A).
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Source
Preconstruction
Permits
What is New Source
Review?
Reviewing plans for a
proposed new source.
The New Source Review (NSR) program requires all new
major sources or existing sources with major modifications
in both nonattainment areas and attainment areas to obtain
preconstruction permits.11 The definition of major
stationary source and major modification varies with the air
quality status of the area and the type of pollutant.12 In
general, major sources are sources that emit over a certain
amount of a pollutant (the "major source threshold" for that
pollutant); minor sources are sources that emit less than that
amount. A major modification means any physical change
in or change in the method of operation of a major
stationary source that would result in a significant net
emissions increase of any pollutant subject to regulation
under the CAA.'3
For example, in attainment and unclassifiable areas, a
major stationary source is defined as any source that emits,
or has the potential.to emit,14 250 tons per year (or, for
specific types of sources, 100 tons per year) of any pollutant
subject to regulation under the CAA. Serious particulate
matter nonattainment areas and moderate, serious, severe,
and extreme ozone nonattainment areas have lower
thresholds for determining-what is a major source.
The NSR permit requirements are determined on a case-by-
case basis. The permits specify emission limits and control
requirements for each emission point at a source, as well as
the monitoring, recordkeeping, and reporting requirements.
The CAA created three separate NSR programs to address
different situations involving new and growing facilities
(see Table 4-1).
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Table 4-1. Overview of the New Source Review Programs
Program Name
Nonattainment
New Source
Review
Prevention of
Significant
Deterioration
Minor
New Source
Review
Program
Abbreviation
nonattainment
NSR
PSD
minor NSR
Applicable
Areas
Nonattainment
Attainment,
Unclassifiable
Nonattainment,
Attainment,
Unclassifiable
Applicable Sources
New major sources
Existing major -sources with
major modifications
New major sources
Existing major sources with
major modifications
New minor sources
Any modification to minor
sources
Minor modifications to
major stationary sources
If your tribe does not
adopt a major NSR
program, the EPA may
adopt, -without
unreasonable delay,
Federal Implementation
Plan provisions as are
necessary or appropriate
to protect air quality.
The nonattainment NSR and PSD programs, collectively
known as major NSR, are federal regulations under the
CAA. Implementation of the federal NSR programs can be
delegated to individual states and tribes. A tribe should
contact the Regional Office is it wishes to have such
programs delegated. If a source wants to locate in Indian
Country, and your tribe has not or does not want to adopt a
major NSR program, EPA would do a source-specific F!P.
Minor NSR programs are state, local, and tribal programs
that apply to sources smaller than those in the major NSR
programs. EPA is in the process of developing these
programs.
Both the major and minor new source review programs
focus primarily on the criteria pollutants (ozone, nitrogen
dioxide, lead, carbon monoxide, sulfur dioxide, and
particulate matter) regulated by the NAAQS. State minor
NSR programs frequently cover additional pollutants,
including many toxic air pollutants, which are not covered
in their SIPs.
The core procedures in the major NSR programs are: (a)
evaluating the consequences of allowing facilities to start
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What is the nonattainment
NSR program?
The nonattainment NSR
program deals with large
point sources such as this
petroleum refinery.
operations or to expand; (b) requiring the most effective
emissions control measures for these facilities; and (c)
including informed public participation in the evaluation of
consequences and selection of emissions control measures.
These procedures must occur before the construction or
expansion of a facility begins.
If emissions from a new major source or major
modification may affect a national park or wilderness area,
the evaluation may also include the impact of emissions on
visibility and natural and cultural resources in the park or
wilderness area. Federal land managers can assist with this
effort. For lands owned by the government of the United
States, a federal land manager is the representative of the
department or agency with authority over such land, such as
a Regional Forester or individual Forest Supervisor for US
Forest Service lands.
Numerous requirements in the CAA apply to new major
sources and major modifications at existing sources in
nonattainment areas. For example, a facility covered by
nonattainment NSR must install control equipment
ensuring the Lowest Achievable Emission Rate (LAER).
The economic costs are not considered when defining the
applicable control technology to obtain LAER. The LAER
is defined as the more stringent of the following limitatiqns:
» The most stringent emission limitation contained in a
SIP of any state for the same class or category of source
(unless it is demonstrated that this limitation is
unachievable)
» The most stringent emission limitation achieved in
practice
Another requirement of the nonattainment NSR program is
that increases in emissions from new major sources and
major modifications must be matched or offset by greater
emissions reductions from other sources (called "offsets"),
thus ensuring that progress is made toward decreasing the
total emissions for the area and meeting the NAAQS.15
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Nonattainment NSR programs must meet all the
requirements established in the Code of Federal
Regulations (CFR) at 40 CFR 51.160-165, and Part D of
the CAA. State air regulators have developed
nonattainment NSR programs which tribes can use as
models when developing their own programs. Your
regional EPA office can also provide assistance and
guidance (see Appendix A, Tribal Contacts at EPA). The
EPA is developing an example nonattainment NSR
program. Once it is promulgated, your tribe will be able to
adopt it by reference. NSR guidance documents are
available from EPA at www.epa.gov/ttn/nsr/.
What is the PSD permitting The purpose of the Prevention of Signification
program? Deterioration (PSD) permitting program is to prevent air
quality that is below the NAAQS from deteriorating more
than an incremental amount. If the air quality on your
reservation is currently better than the NAAQS, your tribe
may want to adopt a PSD permitting program which would
allow for air quality goals more protective than the
NAAQS. The PSD permitting program applies to all new
major sources or major modifications of existing major
sources in attainment and unclassifiabl'e areas. With a PSD
program, your tribal permitting authority can require the
best available air pollution control technology (BACT) to
be installed when large new sources are constructed or
expanded. BACT is defined as an emission limitation
based on the maximum degree of reduction of each
pollutant [subject to regulation under the PSD program]
which your permitting authority determines is achievable
through application of production processes and available
methods, systems and techniques. BACT is to be
determined for each source on a case-by-case basis, taking
into account energy, environmental, and economic impacts
and other costs. [See section 169(3) of the Clean Air Act.]
The PSD permitting process typically takes from 3 months
to 1 year. However, complicated or controversial permits
can take longer. In order to obtain a permit, a source and
the permitting authority must do the following:
Chapter 4 Page 70
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Yosemite National Park,
California
Indian people have lived in
the Yosemite region for as
long as 8,000 years. By the
mid-nineteenth century, when
native residents had their first
contact with non-Indian
people, they were primarily
of Southern Miwok ancestry.
However, trade with the
Mono Paiutes from the east
side of the Sierra for pinyon
pine nuts, obsidian, and other
materials from the Mono
Basin resulted in many
unions between the two
tribes.
» Evaluate the BACT, which is based on the most
; stringent control available for a similar type of source
that is technically and economically feasible
» Perform an ambient air impact study
» Conduct additional impact studies including visibility,
soils, and vegetation
Under the PSD permitting program, the "baseline"
concentration of regulated pollutants must be determined.
The baseline is the ambient concentration level of a
pollutant that exists at the time of the first application for a
PSD permit in the baseline area. The baseline
concentration can be determined using existing data
representative of air quality in the area where the new
source will be located. If representative data do not exist,
your permitting authority can require, the permit applicant
to establish a site-specific monitoring network, and monitor
the air quality for a period of at least one year immediately
before applying for a permit to construct. Your permitting
authority can also require the permit application to monitor
the meteorological parameters of the area to facilitate
modeling the potential impacts of emissions from the new
source.
The ambient concentration resulting from total emissions
from all sources (both permitted and non-permitted
sources) is not allowed to exceed the baseline plus an
increment set in the CAA and in EPA's regulations.16
Owners of new and growing facilities must show how
much the increase in emissions will increase the
concentrations of air pollutants in Indian country. The total
effect of the increased emissions from new and modified
sources on pollutant concentrations may not exceed the
baseline plus the increment, nor exceed the NAAQS. In
most cases, the baseline plus the increment will result in an
emissions Ceiling more stringent than the NAAQS (see
Figures 4-1 and 4-2).
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Ambient
Concentration
of Air Pollution
.........— Actual Concentration
•NAAQS
•Baseline + Increment =
Maximum Allowable
Concentration
-Baseline — The pollutant
concentration at the time of
first permit application
1998
1999
20OO
2O01
Figure 4-1. PSD Program: Baseline + Increment = Ambient Standards More
Stringent Than NAAQS.
Under the PSD Program, the maximum allowable ambient concentration equals
the baseline plus-the increment. Therefore, standards can be more stringent than
the NAAQS.
Ambient
Concentration
of Air Pollution
f
Mill !•••!!. Illl'll ^
m
Baseline + Increment
NAAQS = Maximum
Allowable Concentration
Baseline = The pollutant
concentration at the time of
first permit application
1998
1999
2OOO
2OO1
Figure 4-2. PSD Program: NAAQS Remain Maximum Emission Level
There could be cases where the baseline plus the increment would exceed the
NAAQS. However, the NAAQS are a ceiling that ambient concentrations are
NOT allowed to exceed.
. Chapter 4
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The increments are
smallest for Class I areas
and largest for Class III
areas. Only very little
degradation of air quality
is allowed in Class I
areas.
The increments are smallest for Class I areas and largest for
Class III areas (attainment area classifications are discussed
in Chapter 3).16 Therefore, Class I areas (which include
national parks, national wilderness areas, national
monuments, national seashores, other areas of special
natural, recreational, scenic, or historic value, and areas
reclassified as Class I) receive the greatest protection. Only
very little degradation of air quality is allowed in Class I
areas. To permit a major new facility or major
modification of an existing facility in a Class I area, an
offset from another facility in the area may be necessary.
Apart from your tribe's decision whether to adopt your own
PSD program, your tribe has some freedom to change the
classification of your reservation and thus affect the amount
of allowable emissions growth from new and growing
facilities. The CAA automatically classifies most
attainment areas as Class II, but a federally recognized
Indian tribe may apply to change the classification of its
reservation to Class I or Class III.17 Reservations that have
been reclassified from Class II to Class I include those of
the Northern Cheyenne, Flathead, Fort Peck, Spokane, and
Yavapai-Apache Indians.
Your tribe's governing body can request reclassification by
submitting a proposal to the EPA, notifying the appropriate
state(s), and holding a public hearing. See Appendix H
(Procedures for Area Reclassification to Class I) and the
CAA section 164 for more'detailed information on the
statutory and regulatory requirements for redesignation.
The EPA has developed a PSD permitting program. The
EPA must administer the PSD permitting program in any
state or reservation that has not developed its own PSD
permitting program or received a delegation of authority
from the EPA to implement the federal program. Your
tribe may request delegation of PSD administration if it has
the technical knowledge and legal authority to implement
and enforce the requirements. Alternatively, your tribe can
develop your own PSD permitting program and submit it as
part of your TIP. One way your tribe can establish a PSD
permitting program is to incorporate the federal PSD
permitting program by reference into your TIP (this process
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What is minor NSR?
How does your tribe start
creating a preconstruction
permit program ?
is different than delegation).18 The federal PSD permitting
requirements and the requirements that state and tribal PSD
permitting programs must meet are found at 40 CFR
51.165(b), 51.166 and 52.21.
Minor NSR programs can be developed in both attainment
and nonattainment areas and apply to smaller new facilities
and facility expansions that are not large enough to qualify
as major new sources or major modifications. Examples of
common minor sources include gasoline stations,
automobile refinishing shops, dry cleaners, incinerators,
and small industrial facilities. A minor NSR program
allows a state or tribe to exercise oversight over the growth
of pollution from minor sources to ensure such sources will
not cause or contribute to a violation of the NAAQS, while
still allowing growth to occur.
A minor NSR program can also provide permitting
flexibility. In minor NSR, a source-with a potential to emit
above the major source threshold can agree to enforceable
emissions limits below the major source threshold.- The
source would not be required to undergo the more complex
major NSR and lower emissions would be ensured. Such a
source is called a "synthetic minor" source.
There is no federal minor NSR program and the CAA is not
specific on what is required in such a program. Therefore,
states and tribes currently have flexibility when designing
these programs. Existing minor NSR programs vary
greatly, and can differ in attainment and nonattainment
areas. Typically the programs require emission limitations
and monitoring, recordkeeping, and reporting to ensure
compliance with the emission limits. State air regulators
have developed minor NSR programs. Your tribe may
want to consider using a state's minor NSR program as a
model when developing its own minor NSR rules.
Your emissions inventory will help your tribe identify the
types of sources a preconstruction permit program on your
reservation will need to regulate. Information on .
permitting can be found in the references provided in this
document/ In addition, the EPA tribal air coordinator for
your region can help your tribe determine which, if any,
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Regional Air
Quality
Why is regional air quality
important?
Testing visibility with an
IMPROVE monitor.^
This is an Optec LPV-2
transmissometer, with the
transmitter end of the
instrument on a rooftop in
Denver, Colorado. It's
corresponding receiver end is
located on another rooftop a
distance away. (Air
Resources Specialists, Inc.)
existing NSR or minor NSR programs may be useful
models for your tribe to use, and assist your tribe in the
development of its preconstruction permit program
(Appendix A).
According to the CAA section 110(a)(2)(D), emissions
from one area are not supposed to negatively impact
another area's air quality. Sources are not allowed to:
» Contribute significantly to nonattainment in-other areas
» Interfere with maintenance of the NAAQS in another
area
» Interfere with measures implementing prevention of
significant deterioration in other areas
» Interfere with measures protecting visibility in other
areas
However, pollutants such as sulfur dioxide, nitrogen
oxides, ozone, and.fine paniculate matter can travel great
distances from the source. Therefore, urban and rural areas
working to reduce ozone may be fighting a losing battle if
upwind sources release pollutants that travel in their
direction. Regionally, tribal and state governments,
businesses, citizens, and EPA and other federal agencies
need to work together to help overcome this problem. In
fact, it may be less expensive and more fair to control
emissions throughout a region rather than just in the
nonattainment areas.
Sophisticated computer modeling of a region including
your reservation - and possibly multiple surrounding
states - can be used to evaluate the impacts upwind sources
have on your reservation, and the impacts sources on your
reservation have on downwind areas. Atmospheric
transformation and dispersion models that are used
regularly for these investigations include the Regulatory
Emission Modeling System for Aerosols and Deposition
(REMSAD) and the Urban Airshed Model-V (UAM-V).19
REMSAD calculates concentrations of particulate matter
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What is haze?
A clear day...
... and a hazy day at Glacier
National Park, MT.
and UAM-V calculates concentrations of ground-level
ozone. Dispersion models are helpful when developing
emission control strategies because they relate changes in
emissions to changes in air pollutant concentrations.
Two options your tribe has for addressing regional air
quality are: participating in regional planning to develop a
regional haze plan; and petitioning EPA for intervention if
your tribe believes upwind sources are contributing to
nonattainment on your reservation.
Regional haze affects public welfare such as the quality of
life in the places where we live, work, and play. Haze
obscures the clarity, color, texture, and form of what we
see, Regional haze plans can be included as elements of
TIPs:
Haze is caused when light encounters tiny pollution
particles (sulfates, nitrates, organic carbon, soot, and soil
dust) and some gases (nitrogen dioxide) in the air. Some
light is absorbed by the particles and gases and other light is
scattered away before it reaches an observer. More
pollutants mean more absorption and scattering of light,
resulting in more haze. Humidity (especially prevalent in
the east) magnifies the haze problem because some
particles, such as sulfates, attract water and grow in size,
scattering more light.
Some of the same pollutants for which NAAQS have been
established because of their serious health and
environmental effects also contribute to regional haze.
Some haze-causing pollutants (mostly fine particles) are
directly emitted to the atmosphere by a number of
activities, such as electric power generation, various
industrial and manufacturing processes, truck and;auto
emissions, burning related to forestry and agriculture, and
construction activities. Others are formed when gases are
emitted to the air and form particles as they are carried
downwind (such as sulfate, formed from sulfur dioxide, and
nitrates, formed from NOX). Natural sources, such as forest
fires, windblown dust, and organic emissions from
biogenic sources also contribute to haze.20 Particles in the
air can travel hundreds or thousands of miles, contributing
Chapter 4
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What has the EPA done to
improve and protect
visibility?
How can your tribe
improve and protect
visibility?
This dirt is from a recently
developed sub-division in
Lame Deer, MT. It will
eventually be washed down
to a busy street and, when it
dries and gets blown by
traffic and wind, will
contribute to a PM problem.
to the haze that causes visibility impairment over broad
regions of the Ujlited States. This distribution makes
regional efforts for addressing haze a necessity.
The EPA issued regional haze regulations in 1999 (the
"Regional Haze Rule") that call for states and tribes, in
partnership, to establish goals for improving visibility and
to develop long-term strategies to return visibility to natural
conditions in federal Class I areas (primarily national parks
and wilderness areas). The EPA's Regional Haze Program
applies to all states and to tribes that are eligible to
implement CAA programs. They are to address their
contributions to visibility problems in national parks and
wilderness areas both within and outside their borders.
Most initial plans for implementing the regional haze
program are due in 2008. However, nine states and the
tribes located in the western portion of the country have the
option of submitting plans in 2003 to improve visibility in
16 Class I areas on the Colorado Plateau. Progress reviews
are due every five years, and comprehensive plan revisions
are due in 2018 and every ten years thereafter. The regional
haze regulations also call for coordinated efforts between
the states and eligible tribes to meet particulate matter
health standards.
Your tribe can improve and protect visibility by developing
a regional haze plan. These regional haze plans, part of the
EPA's Regional Haze Program, are discussed below.
Because these plans are regional is scope, The EPA is
encouraging states and tribes to work in regional groups to
develop and implement their air quality plans. Five
regional planning organizations (RPOs) covering the 48
contiguous states have been established to analyze the
nature and causes of regional haze in each federal Class I
area (see Appendix E, A Guide to Regional Air Quality
Planning Organizations). These organizations will also
work together to evaluate potential emission reduction
strategies for meeting the goals of EPA's Regional Haze
Program.21 The RPOs will explore ideas for meeting
regional haze program goals, perform technical analyses,
and generally facilitate the exchange of information among
all participating governments. The EPA is encouraging the
RPO's to develop recommended.strategies and agree on
Chapter 4
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0 Regional Planning
Organizations
acceptable methodologies for apportioning emission
reduction responsibilities to state and tribal governments.
States and tribes then implement these strategies through
individual state or tribal regulations. The regional haze rule
provides flexibility for states and tribes to develop a range
of strategies addressing stationary, mobile, and area
sources.
A tribe that'wishes to include a regional haze plan as part of
their TIP, or that is interested in regional air quality issues
in general, should participate in the regional planning
organization for its area. The RPOs are primarily
partnerships between state and tribal governments as air
quality regulators in various geographic areas of the
country, although these organizations want participation
from all interested parties.
There are a number of benefits for tribes in participating in
the RPOs: (1) participation helps build a tribe's capability
to manage it's air quality; (2) participation helps build
working relationships with other air quality professionals;
(3) participation can help a tribe leverage monitoring,
modelling and other technical resources; (4) in the future,
the RPOs may address other long-range transport issues
such as transport of ozone, fine particulate matter'and toxic
air pollutants; and (5) tribes can contribute to the RPOs by
providing fresh ideas, monitoring visibility on the.ir
reservations, and filling gaps in emission regulations (even
small quantities of emissions can affect regional haze).
When participating in a regional planning effort, your tribe
may wish to advocate for the tribe's interests in air quality
on its reservation. You may wish to articulate the tribe's
positions on issues, and ensure that studies of the potential
impacts of new regulations assess the air quality benefits
and economic costs for your tribe, as well as other
implications, such as effects on the quality of life on your
tribe's reservation.
When identifying problems and developing solutions, it is
important that every participant in the regional planning
effort use consistent methods for counting sources,
developing emissions inventories, and considering other
Chapter 4
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0 Regional Haze Plans
An example of collaboration
to address regional haze
factors, such as environmental costs and benefits. With this
information, the group should develop a plan for
implementing the recommendations it develops.
Regional planning organizations are working together to
develop regional haze plans. Regional haze plans include
goals for improving visibility in national parks and
wilderness areas and to develop long-term strategies for
reducing emissions of air pollutants that cause visibility
impairment. These goals should show reasonable progress
goals based on improving visibility in the Class I affected
area on the haziest day, as well as not allowing degradation
of visibility on clear days. The long-term strategies should
include enforceable measures allowing your tribe to meet
the goal. It will be helpful to identify all manmade
emissions contributing to impaired visibility in the Class I
areas, and then identify the emission reduction measures
your tribe will require. It may be the case that visibility
will improve with the implementation of programs
designed to meet the national ambient air quality standards
for particulate matter.
One regional planning group that developed a regional haze
strategy is the Grand Canyon Visibility Transport
Commission (GCVTC). The GCVTC was established by
Congress through the 1990 CAA Amendments to address
visual air quality in the national parks and wilderness areas
on the Colorado Plateau. The GCVTC was comprised of
tribal, state, and federal representatives. Many of the
GCVTC recommendations were incorporated into section
51.309 of the regional haze rule. Section 51.309 outlines
an optional approach for the states and tribes in a nine-State
western region to submit regional haze plans in 2003.
Examples of some of the emission reduction strategies
included in section 51.309 are:
» Regional sulfur dioxide emissions milestones for
each year in the 2003-2018 period, and a backstop
market trading program to be implemented if any
milestone is exceeded.
» Mobile source emissions caps for areas contributing
significantly to visibility impairment.
Chapter 4
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Grand Canyon National
Park, Arizona
The Grand Canyon National
Park has a long history of
tribal culture, namely with
the Pueblo tribes. About
2,000 ancestral Puebloan
sites have been found within
the park boundaries. The .
Grand Canyon also houses
the homelands of the Cerbat,
Navajo, and Apache tribes.
(Photo courtesy of the
American Park Network)
Can EPA intervene in
regional air quality
problems?
» Smoke management plans and annual fire emissions
goals for prescribed fire programs
>> Comprehensive emissions tracking strategies for
clean air corridors to ensure that visibility does not
degrade on the cleanest "least impaired" days.
» Programs to expand energy conservation and to
provide incentives for early emissions reductions.
Once the GCVTC made its recommendations, the Western
Regional Air Partnership (WRAP) was formed to
implement GCVTC's recommendations. The WRAP'S
goals are to "promote and monitor the implementation of
the recommendations from the GCVTC and, with the
concurrence of its members, engage in other common
regional air quality issues."
The members of WRAP include governors from western
states, western tribal leaders, and representatives of the
Departments of Agriculture and Interior, and EPA. Tribal
representation includes the Pueblo of Acoma, the Campo
Band of Kumeyaay Indians, the Cortina Indian Rancheria,
the Hopi Tribe, the Hualapai Nation of the Grand Canyon,
the Northern Cheyenne Tribe, the Salish and Kootenai
Confederated Tribes, the Pueblo of San Felipe, the Nez
Perce Tribe, and the Shoshone-Bannock Tribes of Fort
Hall. Tribal air professionals are in many of the
workgroups and committees. For more information on the
WRAP, visit their web site at www.wrapair.org, or contact
the National Tribal Environmental Council at (505) 242-
2175.
Section 126 of the CAA requires certain new major sources
and major modifications to provide written notice to all
nearby states and eligible tribes that may be affected by
their emissions before they can be built. Sources that must
comply with this requirement are those, either subject to a
PSD program, or that may significantly contribute to levels
of air pollution above the NAAQS in another region.
This section of the CAA also authorizes a downwind
jurisdiction to petition EPA to impose emission limits
directly on'upwind sources if emissions from those sources
are found to adversely affect that jurisdiction.22 (A tribe
Chapter 4
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Conclusion
making an appeal must be eligible for treatment in the same
manner as a state.) In 1997, eight northeastern states filed
petitions requesting EPA to make a finding that nitrogen
oxide (NOX) emissions from certain major stationary
sources significantly contribute to ozone nonattainment
problems in the petitioning states. The eight petitioning
states were Connecticut, Maine, Massachusetts, New
Hampshire, New York, Pennsylvania, Rhode Island, and
Vermont. The petitions identified 30 states and the District
of Columbia as containing sources that significantly
contribute to regional-transportation of ozone to the
northeast.
In December 1999, after a technical review and-public
comment period, EPA granted the section 126 petitions
from four northeast states (Connecticut, Massachusetts,
New York, and Pennsylvania), finding that certain large
electric utilities, industrial boilers, and turbines violated the
CAA prohibition against significantly contributing to air
pollution in other states. The petitions of the other four
states were denied because by that time, all areas in those
states met the 1-hour NAAQS for ozone. As a result of
these findings, EPA is directly regulating the offending
sources by applying the necessary emissions limits, and
requiring each affected facility to participate in a federal
NOX "cap-and-trade" emissions trading program. A total of
392 facilities affected by these petitions will have to reduce
annual emissions of NOX by a total of nearly 510,000 tons.
There are several potential TIP elements that your tribe can
adopt to help it reach its air quality goals: maintenance
strategies, attainment strategies, source preconstruction
permits, and regional haze plans. Once your tribe has
decided which TIP elements, if any, to adopt, it can begin
developing its TIP. Chapter 5 addresses two important
aspects of TIP development: source compliance and
enforcement of regulations.
Emdnotes
1. "Reasonably severable" means that the TIP elements selected are not integrally related to
the elements that are not included in the TIP and are consistent with applicable CAA and
Chapter 4
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regulatory requirements. 40 CFR Part 49.7(c)
2. The CAA Section dealing with maintenance plans is Section 110(a)(l). Maintenance
strategies for areas previously in nonattainment are established in the CAA section 175A.
3. Sections 171 through 193 of the CAA establish the requirements for attainment plans.
4. The EPA's Guidelines on Air Quality Models can be found at 40 CFR Part 51, Appendix
W and on-line at www.epa.gov'/ttn/scram
5. Information on the data analysis requirements can be found in 40 CFR 50 and at the
NAAQS policy and guidance memos site (www.epa.gov/ttn/oarpg/tlpgm.html).
6. Resources provided in this section for developing control measures include:
» The Clean Air Technology Center (CATC) is a resource on emerging and existing air
pollution prevention and control technologies, and provides public access to
information on their use, effectiveness, and cost (www.epa.gov/ttn/catc/).
» The RACT/BACT/LAER Clearinghouse (www.epa.gov/ttn/catc/).
» Improving Air Quality -with Economic Incentive Programs, EPA-452/R-01-001,
January 2001, available at www.epa.gov/ttn/oarpg/tlmain.html and through EPA's
Air and Radiation Docket and Information Center (Docket Number A-97-27) by
calling (202) 260-7548.
7.' RACT is defined as the "devices, systems, process modifications, or'other apparatus or
techniques that are reasonably available taking into account: (1) The necessity of
imposing such controls in order to attain and 'maintain a national ambient air quality
standard; (2) The social, environmental, and economic impact of such controls; and (3)
Alternative means of providing for attainment and maintenance of such standard."
RACT connotes a device or technological method such as a scrubber or baghouse or
reformulation of coatings to reduce VOC content whereas RACM connotes a pollution
prevention or other practice or measure —although the difference is not absolute. In
general, the existing sources in nonattainment areas must meet emissions limits
achievable by RACT. For more information, see the RACT/BACT/LAER Clearinghouse
(www.epa.gov/ttn/catc/), and Procedures for Identifying Reasonably Available Control
Technology for Stationary Sources ofPM,0 (EPA 452/R-93-001), September 1992,
available through the Clear Air Technology Center products page
(www.epa.gov/ttn/catc/).
8. BACT refers to the "best available control technology," an emission limitation based on
the maximum degree of emission reduction (considering energy, environmental, and
economic impacts) achievable through application of production processes and available
methods, systems, and techniques. Use of the BACT concept is allowable on a case by
case basis for major new or modified emission sources in attainment areas (used under
the Prevention of Significant Deterioration program) and applies to each pollutant
Chapter 4 , Page 82
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regulated by PSD. LAER refers to the "lowest achievable emission rate," which is the
rate of emissions that reflects (a) the most stringent emission limitation in the
implementation plan of any state for such source unless the owner or operator
demonstrates <=uch limitations are not achievable; or (b) the most stringent emissions
limitation achieved in practice, whichever is more stringent. LAER is usually required in
the New Source Review program.
9. Regulations for economic incentive programs are in 40 CFR 51.490 through 51.494.
Guidance on developing an economic incentive program can be found in Improving Air
Quality with Economic Incentive Programs, EPA-452/R-01-001, January 2001, available
at www.epa.gov/ttn/oarpg/tlmain.html and through EPA's Air and Radiation Docket and
Information Center (Docket Number A-97-27) by calling (202) 260-7548.
10. ' The requirement for contingency measures is established in the CAA section 172(c)(9)
and codified in 40 CFR 51:152.
11. For more information on NSR, see www.epa.gov/ttn/nsr/.
12. For attainment and unclassified areas, the definitions of major source and major
modification are given in 40 CFR 51.166(b)(l) and (2), respectively. For nonattainment
areas, the definition of major source is given in 40 CFR 51.165(a)(l)(iv). For serious PM
nonattainment areas, the definition of a major source is in the CAA section 188. For
moderate, serious, severe, and extreme ozone nonattainment areas, the definition of major-
source is in the CAA section 182(b), (c), (d), and (e), respectively. Definitions for major
modifications in the NSR and PSD programs can be found in 40 CFR 51.165(a)(l)(v)
and 51.166(b)(2)(i). The term "significant" is defined for these programs in
40 CFR 51.165(a)(l)(x) and 51.166(b)(23).
13. New major sources of hazardous air pollutants (HAPs, defined in the section 112 of the
CAA) are not subject to the nonattainment or attainment major New Source Review
programs discussed here.
14. A source's "potential to emit" is its emission estimate based on the maximum capacity of
that source, taking into consideration enforceable permit conditions, such as the type of
materials combusted, the type of materials processed, and the annual hours of operation.
15. "Offsets" are emissions reductions obtained from existing source(s) by a prospective
major new stationary source, or a source planning major modifications, in order to offset
the increase in pollutant emissions caused by the new or modified source (thereby
creating no net increase in emissions). Offsets must always be greater than the amount of
the new emissions, depending on the area's air quality designation. .Offsets are generally
secured from other sources in the vicinity of the new source or modification. However, in
the case of modifications, offsets can also be obtained, with limitations, from within the
source itself.
Chapter 4 ' Page 83
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16. PSD increments for NO2, PM, and SO2 Class I, II, and III areas are specified in the CAA
section 163 and in 40 CFR 51.166(c). Currently there are no increments for CO, O3, or
Pb.
17. For more information on area redesignation under the PSD program, see the CAA
section 164 and Appendix H, Procedures for Area Redesignation to Class I.
18. If your tribe adopts federal PSD regulations by reference in an approved TIP, when
reading 40 CFR 52.21, substitute the appropriate tribal authority for references to the
EPA "Administrator."
19. Information on air quality models is available at EPA's Support Center for Regulatory
Air Models (www.epa.gov/ttn/scram/).
20. Biogenic sources are non-manmade or natural emitters of air pollutants. For example,
conifer trees emit terpenes which are volatile organic compounds, a precursor to, ozone.
21. See the Visibility Program website of the Office of Air and Radiation for more
information on regional haze (www.epa.gov/oar/vis/index.html).
22. For more information on petitioning EPA for a finding that upwind sources are
contributing significantly to NAAQS violations on your reservation, see the CAA section
126andwww.epa.gov/ttn/rto/126/.
. Chapter 4 ' Page 84
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Chapter 5 Compliance &
Enforcement for a TIP
It is essential that your Tribal Implementation Plan (TIP)
includes legally enforceable requirements for measuring
and reporting emissions from the facilities that the tribe
regulates. These requirements will allow your tribe to
determine the success or failure of facilities in achieving
the emissions reductions necessary for reaching the tribe's
air quality goals. To prove that they are making those
reductions and complying with applicable emission limits,
facilities will need to measure or monitor their emissions
and report them to the tribe. This chapter provides
information on establishing requirements for facilities to
measure and report their emissions, and programs to
enforce the regulations in your TIP through inspections,
notices of violation, and fines.
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Measuring &
Reporting
Emissions
Which emission
measurement techniques
must the tribe require?
The tribe can require
some facilities to
determine emissions
indirectly and require
other facilities to measure
emissions directly,
depending on their size,
processes, and emissions.
Emission measurement requirements must be included in
your tribe's TIP.' The appropriate measurement technique
may depend on the type of facility, the pollutant to be
measured, the type of process, and/or the nature of the
facility's emission limitation. The quantity of emissions or
size of facility may also be considered when setting these
requirements because small facilities (which may be minor
sources) may have a compelling need for the most
economical measurement and reporting requirements.
There are three types of emission measurement techniques:
» Indirect measurement
» Periodic direct measurement (or "source testing")
» Continuous direct measurement
Indirect measurement
Indirect measurement of emissions may be a suitable
requirement for facilities with certain types of emissions.
For example, the wood furniture industry includes many
facilities that are sources of volatile organic compounds
(VOC) emissions. A common method for reducing
emissions from wood furniture manufacturers is requiring
limitations on the VOC content of primers, paints, and
other coatings. For example, EPA's emission limitation for
topcoats (the final coating on a piece of wood furniture) is
0.8 Ib VOC/lb solids (as applied).2 "As applied" is the
actual VOC concentration of the coating after any thinners
have been added. "As purchased" is the VOC content of
the coating before any thinner is added. The EPA has also
set emission limitations for the other coatings used by the
industry. .
A furniture manufacturer could demonstrate compliance by
using only."compliant coatings" (coatings that meet the
emission limitations), maintaining records on the VOC
content of coatings, and documenting the calculations of
Chapter 5
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0 Periodic direct
measurement
0 Continuous direct
measurement
the as-applied VOC content of the coatings used. The
furniture manufacturer would need to keep accurate records
of all the specific coatings and thinners it uses and the
volume of coatings and thinners used. It would need to
obtain the VOC content of the coatings and thinners from
the product data sheets that are prepared and certified by
coating and thinner manufacturers. Thus, the furniture
manufacturer would certify emissions rates with records
and calculations, but without directly measuring emissions.
This indirect measurement technique may also be
appropriate for facilities if the individual sources of
emissions are very numerous or dilute and hence cannot
practically be connected to an exhaust vent or control
device. For instance, a large wood furniture factory will
have multiple production lines, dozens of spray booths and
other applicators, and drying areas. The option of using
compliant coatings and following the associated reporting
requirements may be the least costly approach to meeting
and demonstrating compliance with VOC emission limits.
Another measurement option is to directly test emissions
from a source to determine if it is in compliance with its
emission limitations. Source testing is usually conducted
under the most extreme conditions that can be reasonably
expected at the facility, such as maximum and minimum.
production capacities. The tribe may require periodic
retesting, for example every one to five years, to ensure that
the source is continuing to comply with its emissions
limitations.
The EPA has published approved emission test methods for
criteria pollutants in Title 40 of the Code of Federal
Regulations (CFR), part 60 Appendix A and part 40
Appendix M.3 Links to these test methods can also be
found at EPA's Emission Measurement Center website at
www.epa.gov/ttn/emc/.
Continuous direct measurement can be accomplished using
a continuous emission monitoring system (CEMS). A
CEMS uses probes placed in the path of exhaust gases to
continuously measure pollutant emissions. Pollutant
analyzer measurements and a conversion equation, graph, ,
Chapter 5
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CEMS monitoring*
How can visible emissions
(opacity) be monitored?
Which procedures for
reporting and record-
keeping must the tribe
require?
or computer program produce results in units of the
applicable emission limitation or standard.
Large stationary sources such as power plants, pulp and
paper mills, and smelters usually exhaust large volumes of
combustion or process gasses through stacks. CEMS are
advantageous for these facilities because they create timely
and accurate records of compliance with emissions limits.
The EPA requires some facilities, such as fossil fuel-fired
power plants, sulfuric acid plants, nitric acid plants, and
fluid bed catalytic cracking unit catalyst regenerators at
petroleum refineries, to use CEMS.
Many stationary sources discharge visible emissions in the
form of black and white plumes. Opacity refers to the
degree to which a plume reduces the transmission of light,
obscuring the view of an object in the background. Higher
opacity means greater visibility impairment.
Implementation plans must include opacity limits for
paniculate matter.5 These regulations often limit opacity
from agricultural and wood waste burners, charbroilers, and
other stationary sources. Compliance can be determined by
observers following the appropriate EPA reference
methods, such as Method 9 - Visual Determination of the
Opacity of Emissions From Stationary Sources.6 The EPA
trains and certifies observers in the use of these methods.
Your tribe does not need a TIP to participate in training.
Your TIP must require the regulated facilities to report and
keep records of the information your tribe needs to
determine compliance with, and enforce, the emissions
limitations and other requirements that your tribe has set.
The tribe needs to set schedules for submitting reports to
ensure that the information is reported in a timely manner.
For example, data from CEMS must be reported
periodically (e.g., quarterly) to demonstrate compliance
with emission limits.
The specific information required from a facility depends
on its means of demonstrating compliance with the
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How does a tribe start
measuring emissions?
How does a tribe include
measuring and reporting in
your TIP?
emissions limitations and how your tribe plans on using the
data once it is submitted. Different test methods,
performance standards, and regulations will have different
data reporting requirements. For example, if your tribe
restricts VOC emissions through use of compliant coatings,
your tribe should require coatings users to keep records on
coating usage and to submit semiannual compliance •
certifications. The coatings users should possess certified
product data sheets for all regulated coatings. Their records
should document the VOC content (as applied) of each
coating and the procedures for calculating the as-applied
values. The compliance certifications should state that the
coatings documented in the product data sheets are the
coatings actually used at the facility.
A tribe starts measuring emissions using one of the three
measurement techniques mentioned previously. Using the
VOC situation above, if a tribe required indirect
measurements, the tribe could request the facility's records
and then calculate their "as-applied" values. To take
periodic measurements, a tribe could require the facility to
do a source test using a Federal Reference Method, such as
those in 40 CFR Part 60 Appendix'A and Part 40 Appendix
M, and then submit the report to the tribe. For continuous
measurement, a tribe could require the facility to submit its
CEMS data report directly to the tribe. "When requiring the
facility to undergo a source test, it is recommended that you
understand which Federal Reference Methods are required
to be able to use the results of the test.
In the TIP, a tribe must identify the regulated sources, the
pollutants that must be measured or monitored, acceptable
measurement and monitoring techniques, the data to be
reported, and the frequency of measurement and reporting.
Tribes must also explain how they will use the reported
data, such as for compliance assurance, and for an
emissions inventory. For more information on measuring
and reporting emissions, see EPA's Emission Measurement
Center at www.epa.gov/ttn/emc/.
Your regional EPA office can also provide assistance (see
Appendix A, Tribal Contacts at EPA).
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Developing an
Enforcement
Program
Why is an enforcement
program needed?
What are the elements of an
enforcement program?
It is very important that tribes establish the authority and
procedures necessary to ensure compliance with the
emission limitations, control technology requirements, and
other requirements in their TIP. One basic purpose of
regulations is to list the actions that the owners and
operators of sources must take to help achieve your tribe's
air quality goals.. The second basic purpose is to specify the
penalties that sources will incur for failing to comply with
the regulations. Two appendices in this document can help
your tribe write enforceable regulations: TIP Enforceability
Checklist (Appendix H) and Regulation Development
(Appendix J).
A demonstration that the tribe can enforce the regulations it
adopts must accompany a TIP. And, a TIP should include
an enforcement program for its .regulations. For example,
the tribe must have the authority to enforce any regulation
included in the attainment or maintenance strategy or
preconstruction permit program to assure compliance. An
enforcement program should include all of the following
elements: • .
» Resolutions and laws passed by the tribal government to
establish authority to do inspections and enforce laws
» Procedures as to how emission sources monitor their
emissions and periodically report emissions data and
other information needed to determine compliance to
the tribe
» Procedures for inspecting sources to verify that
emission limits are met, issuing notices of violations,
and assessing fines
» Evidence that the authority to require owners and
operators of emission sources subject to tribal
regulations to monitor processes, measure emissions.
keep records, make reports, etc., similar to EPA's •
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How is tribal enforcement
authority established for a
TIP?
Haze on the Fort Hall
Reservation, home of the
Shoshone-Bannock Tribes. A
major stationary source on
the reservation contributes to
the PM,0 nonattainment
designation (see Chapter 1).
(Photo courtesy of the
Shoshone-Bannock Tribes.)
What enforcement actions
must your tribe be prepared
to take?
authorities under section 114 of the CAA has been
Adopted •••;,
» Evidence that trained staff are available and maintained
to perform inspections (described below)
Limitations on a tribe's criminal enforcement authority will
not prevent TIP approval. In some cases it may be
appropriate for the tribe to enter into a Memorandum of
Agreement with EPA to cover certain elements of its
enforcement program as described in 40 CFR 49.7(a) and
49.8. (Memorandum of Agreement is discussed in the
"Must your tribe posses criminal enforcement authority?"
section.)
The CAA requires your tribe to demonstrate that you have
adequate authority under tribal law to carry out the TIP.7
The tribal government must make the emissions reductions
and limits that are included in the TIP part of the tribal
code. Acting pursuant to tribal law, your tribe's governing
body must provide a tribal agency, such as the
environmental agency, with the authority for enforcing the
requirements in-its TIP. To demonstrate enforcement
authority to EPA, your tribe may need to adopt rules
providing for the authority to enter a regulated facility and
inspect it, conduct stack tests and opacity tests, issue
violation notices and fines, and pursue other enforcement
actions described below. These rules support the TIP but
would be separate from it. 'Of course Tribal governments
already have their own authority to adopt tribal law.
In order for your tribe to be approved to administer a
federal program (such as the Prevention of Significant
Deterioration, or PSD, program), the tribal government
must request formal approval from the EPA of enforcement
authority as one part of the overall approval of authority to
administer the program. Again, your tribe must adopt rules
to demonstrate enforcement authority.
There are several enforcement actions your tribe must
incorporate into its program for enforcing EPA-approved
regulations, including:8
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Timucuan Ecological and
Historic Preserve, FL
This preserve was established
to protect one of the last
unspoiled coastal wetlands on
the Atlantic Coast and to
preserve historic and
prehistoric sites within the
area. The area was inhabited
by the native Timucuan
people over four thousand
years before the arrival of the
first Europeans.
(Photo courtesy of the
National Parks Service)
» Performing compliance evaluations
>> Issuing administrative sanctions
» Taking civil action
» Issuing sanctions
» Issuing field citations
» Taking emergency action
Compliance evaluations can be full evaluations, partial
evaluations or investigations at a facility.9 A full
compliance evaluation would determine the current
compliance status of all regulated pollutants from all
regulated emission units within a facility. It would also
assess the facility's ability to maintain compliance at each
regulated emission unit. A full compliance evaluation
could take a year to complete (up to three years for a very
large facility) and should include a review of all required
reports (e.g., periodic monitoring and excess emissions
reports, malfunction reports), a review of facility records
and operating logs, assessments of control device operating
conditions and performance, assessments of process
parameters and operating conditions, visible emissions
observations, and emissions measurements where necessary
or appropriate. A partial compliance evaluation would
focus on a subset of regulated pollutants, regulatory
requirements, or regulated emission units at the facility. An
investigation is a more in-depth assessment of a particular
issue at a portion of a facility that is usually undertaken
based on information discovered during a full or partial
compliance evaluation. ,
If someone has complained about an emission source, the
tribe should inspect it promptly to evaluate compliance.
The tribe should have both planned and unplanned
inspections. If sources know the tribe will be inspecting
regularly for excess emissions, they have a greater incentive
not to emit illegally. Inspectors should receive basic
inspector training in health, safety and respiratory
protection, and training in legal, technical, and
administrative subjects, and communication skills.
Inspectors should also receive specific training regarding
air pollution sources, controls, regulations, and monitoring
and testing techniques. Inspectors should receive medical
monitoring, if needed.10 Inspectors from the regional EPA
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Natchez Trace Parkway,
Mississippi
Established May 18, 1938,
the parkway follows a
historic Indian trail between
Nashville, TN and Natchez,
MS. Significant historical
sites such as Emerald Mound,
the second largest ceremonial
mound in the United States,
are found throughout the
parkway.
(Photo courtesy of the
National Parks Service)
Are there any occasions that
warrant exceptions to
enforcement actions?
office will accompany newly trained inspectors at the
tribd's request. .: *
Administrative sanctions can be written letters to a source
indicating that it is violating a regulation. These sanctions
could take the form of warning letters, violation notices,
and orders requiring the source to come into compliance.
These sanctions should include how the source must come
into compliance and the schedule by which it must do so.
The source can discuss the violation and sanction with the
enforcement authority; however, if the order is disregarded,
it may be followed by a civil action.
A civil action is the process by which the enforcement
authority assesses a civil penalty against a source. Civil
penalties may be up to $27,500 per day (adjusted for
inflation) of a violation."
Sanctions could include restraining orders or orders
prohibiting businesses from functioning normally until they
comply with regulations. Sanctions could also lead to
criminal proceedings.
For a "knowing" violation of the CAA, violators may be
charged with felonies. They may be criminally
prosecuted, fined, and imprisoned. A "knowing" violation
is one in which the responsible party is aware of an
environmental regulation, yet still takes an action that
causes the regulation to be violated. (Additional
information on criminal enforcement is provided below in
the section "Must your tribe possess criminal enforcement
authority?"). Emergency actions can also be taken against
a source when emissions pose an immediate danger.
Yes, there may be. Short and infrequent periods of excess
emissions may occur during periods of startup and
shutdown. Sometimes a piece of equipment will
malfunction and it will be necessary for the operator to
bypass pollution control equipment in order to prevent
injury to the people working at the facility. Although EPA
views all excess emissions as violations of the applicable
emission limitation, it recognizes that the imposition of a
penalty, for a sudden and unavoidable malfunction caused
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Must your tribe possess
criminal enforcement
authority?
Does EPA have enforcement
power on reservations?
by circumstances beyond the control of the owner or
operator may not be appropriate. Accordingly, the
enforcement authority can use its "enforcement discretion"
during these episodes to refrain from taking an enforcement
action. These types of situations should be examined on a
case-by-case basis. The enforcement authority should
consider whether the source can adequately demonstrate
that the excess emissions could not have been prevented
through careful planning and design, and that bypassing of
control equipment was unavoidable to prevent loss of life,
personal injury, or severe property damage.12
EPA recognizes that, in certain circumstances, Indian
Tribes have limited criminal enforcement authority. Such
limitations will not prevent EPA from approving a TIP if
the tribe and the EPA Region enter a Memorandum of
Agreement that will allow EPA to investigate and prosecute
environmental crimes. Therefore, if the program for which
your tribe is seeking approval for requires it to assert
criminal enforcement authority, but the tribe is precluded
from asserting such authority, your tribe and the EPA
Region must agree to procedures by which the tribe will
provide potential investigative leads to EPA and/or other
appropriate Federal agencies in an appropriate and timely
manner. The procedure must cover all circumstances in
which the tribe cannot exercise applicable enforcement
requirements.
13
Yes, EPA has the responsibility and authority, under the
CAA, to enforce the regulations in an approved TIP. The
EPA would exercise its enforcement authority if for some
reason your tribe's environmental agency does not or
cannot enforce the EPA approved regulations in your
tribe's TIP. The EPA will work cooperatively with your
tribe to develop a means to enable the facilities to comply,
providing technical support and consultation as necessary
and consistent with EPA policies. In those situations where
such assistance does not result in compliance, EPA may,
consistent with EPA policies, take criminal, civil, judicial
and/or administrative enforcement actions against the
facilities (whether they are owned or managed by the tribe
or by private parties) in order to protect human health and
the environment. The EPA will notify your tribal
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How does a tribe start
developing an enforcement
program?
The Cherry Creek
Reservation of the Cheyenne
River Sioux in North Central
South Dakota.
(Photo courtesy of the
Cheyenne River Sioux.)
government of any anticipated enforcement action and
consult with them on a government-to-government basis
prior to initiating any enforcement action.14
The EPA provides several sources that can assist your tribe
in developing an enforcement program.15
» The Office of Enforcement and Compliance Assurance
(OECA) has many resources that may help the tribe
develop and implement enforcement measures.
» The National Enforcement Training Institute (NETI),
run by OECA.
» The American Indian Lands Environmental Support
Project (AILESP), developed by OECA.
» Two appendices in this document can help your tribe
write enforceable regulations: Enforceability Checklist
(Appendix H) and Regulation Development
(Appendix J). Your regional EPA office can also
provide assistance (Appendix A).
Conclusion
Endnotes
Adoption and implementation of adequate enforcement
authorities (authorities to collect information,- monitor
emissions, perform compliance evaluations, issue
sanctions, assess fines, etc.) is vital to the success of
achieving the emission reductions necessary to reach the air
quality goals your tribe set in their TIP. Once your tribe has
developed its enforcement authorities, it can hold public
hearings, adopt the TIP, and submit it to EPA for approval
as described in Chapter 6.
See the CAA section 110(a)(2)(F) for emissions monitoring and reporting requirements
for stationary sources. See 40 CFR 51.210 through 51.214 for monitoring and record-
keeping regulations. ,
More precisely, this limitation is one component of the presumptive norm for RACT for
wood furniture manufacturing operations.
Chapter 5
Page 95
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3. EPA also has approved test methods for other pollutants in 40 CFR 60 Appendix A, 40
CFR 61 Appendix B, and 40 CFR 63 Appendix A.
4. Image provided courtesy of Air Resource Specialists, Fort Collins, CO.
5. The requirement for states to establish opacity limits in SIPS is given in
40CFR51.212(b).
6. Visible emission limits can be determined by following EPA Methods 9 and 22, available
at 40 CFR 60 Appendix A and at the Emission Measurement Center's promulgated test
methods site (www.epa.gov/ttn/emc/promgate.html).
7. For more information on tribal enforcement authority, see CAA section 110(a)(2)(E).
8. See the CAA section 120 for more information on noncompliance penalties.
9. See the Clean Air Act Stationary Source Compliance Monitoring Strategy, Memorandum
from Michael Stahl, Director of the Office of Compliance, April, 2001.
10. For more information on standards for inspectors, see the Office of Enforcement and
Compliance Assurance guidance document titled, Authorization Criteria for State, Tribal,
and Territorial Inspectors, at http://es.epa.gov/oeca/main/statetribal/
stateandtribalinsp.pdf. For more information on training inspectors, contact your regional
EPA office (see Appendix A).
11. OECA's description of noncompliance penalties regarding enforcement of Clean Air Act
Amendment programs can be found at
http://www.epa.gov/compliance/civil/programs/caa/caaenfstatreq.html.
12. For more information on EPA guidelines on emissions during malfunctions, startups, and
shutdowns, see the memorandum from S. Herman (EPA Office of Enforcement and
Compliance Assurance) and R. Perciasepe (EPA Office of Air and Radiation), "State
Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions,
Startup, and Shutdown," September 1999 (www.epa.gov/ttn/oarpg/tlpgm.html).
13. For information on criminal enforcement authority and the Memorandum of Agreement,
see 40 CFR Part 49.7(a)(6) and 49.9. \
14. Federal power to enforce approved implementation plans is established in the CAA
section 113. The EPA's Guidance on the Enforcement Principles Outlined in the 1984
Indian Policy (Steve Herman, January 17, 2001), provides information on EPA's
enforcement policies against Tribal facilities.
15. This chapter gives the following references for developing an enforcement program:
» The Office of Enforcement and Compliance Assurance (OECA) has many
. Chapters Page 96
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enforcement resources, including "virtual" (telecommunications-based)
Compliance Assistance Centers for specific industry sectors that have large numbers
of small businesses and entities that face federal regulation
(http://es.epa.gov/oeca/main/compasst/compcenters. html).- The sectors include
printing, metal finishing, automotive services and repair, printed wiring boards, small
chemical manufacturers, and agriculture. The centers are designed to provide
comprehensive, easy-to-understand compliance information, fact sheets, and other
tools.
OECA also runs NETI, the National Enforcement Training Institute, which is
responsible for training federal, state, local, and tribal lawyers, inspectors, civil and
criminal investigators and technical experts in the enforcement of environmental
laws. The NETI provides courses on case support, statute enforcement, compliance
assistance, and environmental criminal enforcement. Training is provided at EPA
Regional offices, other state sites, and NETI training centers in Washington, DC,
Colorado, and Georgia. For more information, see www.epa.gov/oeca/neti or call 1 -
800-EPA-NETI.
OECA has also developed the American Indian Lands Environmental Support Project
(AILESP) which includes a database with recent multi-media point-source releases,
the potential impacts of contaminants, and recent compliance and enforcement
histories for facilities located on and within five kilometers of tribal lands
(http://es.epa.gov/oeca'ai'lesp). The AILESP database assimilates and synthesizes
disparate data sources and integrates them into a geographic information -system (GIS)
that is publicly available.
Chapter 5 Page 97
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Chapters ' . Page 98
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Chapter 6
TIP Adoption &
Submission
Adopting Your
TIP
What is public outreach and
how does your tribe prepare
an outreach strategy?
After your tribe has developed your Tribal Implementation
Plan (TIP), your tribe needs to have it adopted by your
tribal government and approved by the Environmental
Protection Agency (EPA). There are several steps your ,,
tribe needs to follow to adopt your TIP and submit it to
EPA for approval, including public notice, public hearings,
and formal adoption. This chapter will help guide your
tribe through the public outreach process and the
requirements for public notification and hearings. It also
presents information on how your tribal government must
formally adopt your TIP and what happens once your TIP is
submitted to EPA.
Public outreach involves communication with all affected
parties about the development of your TIP. The CAA
requires that your tribe provide reasonable notice and
conduct public hearings prior to adopting your TIP. These
Chapter6
Page99
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The Oneida Creek on the
Reservation of the Oneida
Tribe of Indians of
Wisconsin. The Tribe is in
the process of building its air
program, beginning -with an
emissions inventory.
(Photo courtesy of the Oneida
Tribe of Indians of
Wisconsin.)
requirements are discussed later in this Chapter. In
addition to these minimum requirements, it may also be
useful to conduct other public outreach efforts even earlier
in the TIP development process. Such outreach is not
required; however, it is likely to benefit both your tribe and
potentially affected parties. Affected parties (including, for
example, residents within the exterior boundaries of your
reservation and in adjacent counties, business owners and
operators, and air quality managers in adjacent
jurisdictions) are likely to be more helpful if they have been
included in the entire process. They may have ideas,
viewpoints, or concerns to contribute that your tribe may
not have considered otherwise. Your early outreach may
also enhance their ability to contribute to the TIP
development process. '
The first step in organizing your outreach strategy is to
identify the main issues and how your tribe will address
them. One way to accomplish this task is to hold a
brainstorming session with your staff and/or other
individuals who may be able to provide ideas or guidance.
In the It All Adds Up to Cleaner Air initiative, EPA used
the set of questions found in Table 6-1 'to begin their
brainstorming on ways to effectively communicate with the
public. These questions may help your tribe begin thinking
about your TIP outreach strategy. The examples have been
altered to reflect a TIP development scenario.
Chapter 6
Page 100
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Table 6-1. Brainstorming Questions for Developing a TIP Outreach Strategy
Questions Possible Answers
What is the issue your tribe wants »
to address? »
What is the overall goal? »
What are the desired outcomes? »
Which groups are most affected by »
the issue?
What can your tribe do? »
Does your organization have the »
capacity to address the issue and
affect change?
What strategy will your tribe use? »
Unacceptable air pollution in the community
Nonattainment status for a criteria air pollutant
Permitting new major sources of emissions
Fill regulatory gaps
Explain the current or potential air quality
problem and your approach to resolving it
Widespread support for TIP
General public, driving public, people with
respiratory disorders, the elderly, children
Health professionals
Tribal government and ageacies
Federal, state, and local government agencies
(e.g., the Bureau of Indian Affairs)
Business owners/employees
Meet with people
Conduct media outreach
Hold public hearings
Make the proposed TIP and supporting
information readily available
Determine any barriers to adopting the TIP, e.g.,
tribal council members, tribal laws and customs,
jurisdiction disputes, resources
Assess current resources, e.g., staffing, funding,
information, time
Develop a plan, including all program tasks, a
timetable, staffing and budge issues, evaluation
methods, and partnerships
Chapter 6
Page 101
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What kind of information
can your tribe provide to
interested parties to enhance
their ability to participate in
the TIP development
process?
Whom should you try to
reach with the outreach
strategy?
In general, so that any interested person may be informed
about the air quality on the reservation, the need to develop
a TIP, and the procedures that will be used to manage air
quality, EPA suggests that your tribe provide the following
support information, as appropriate:
» Ambient monitoring data with comparisons to the
National Ambient Air Quality Standards (NAAQS),
if available
» Air quality trends and forecasts (this is especially
important if new sources of emissions plan to begin
operating on the reservation)
» Emission limits and regulations needed to attain
and/or maintain the NAAQS
» A demonstration that the proposed regulations will
resolve the air quality problem
» Documentation that the emission limits and
regulations will require the use of Reasonably
Available Control Measures, including reasonably
available control technology, on sources in
nonattainment areas (if applicable)
» Procedures that will be. followed to enforce
regulations
» Budgets for the air quality program and/or the tribal
environmental agency .
Many people will be interested in your TIP because it may
affect their business costs, jobs, and air quality. You might
want to meet with tribal leaders and/or other tribal
members, individually or as a group, to present the TIP
before presenting the TIP to other interested parties. Others
who may wish to participate and have their views heard
include owners and operators of businesses that emit air
pollutants, their employees, residents, and environmental
groups. Additional groups that may be interested in your
TIP include:
» Community, civic, neighborhood, and public health
groups
» Homeowner and resident organizations
» Media/Press
» Spiritual communities
Chapter 6
Page 102
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How can your tribe
effectively communicate
with all interested parties?
Means of communicating
to the public about your
proposed TIP include:
» Speeches
» Presentations
» Newspaper articles
» Editorials
» Brochures
» Meetings
» Letters to the editor
» Public service
announcements
Additionally, if your reservation borders Mexico or Canada,
youJ2 tribe may need to consider informing foreign
governments about your TIP, especially if your tribe is
considering adopting a Prevention of Significant
Deterioration, or PSD, program. The EPA tribal air
coordinator for your region can provide your tribe with
guidance about whom to inform and which interest groups
and businesses your tribe should try to reach (see Appendix
A).
The tribal air program training manual developed by
Northern Arizona University describes five steps to
effectively communicate with the public.1
» Problem/Issue Analysis: Examine your problem or
issue and determine your goals; for example, educating
the community about the air quality situation so that
they can contribute to identifying air quality goals.
» Audience: Determine who your audience is and its
• characteristics
» Medium Determination: Determine what media or
channels of communication your tribe will use to reach
your audience
» Message Development: Select the appropriate
message for each communication method
» Evaluation: Devise a method of evaluating whether or
not your campaign was successful; for example, your
tribe can count the number of people who attend
educational meetings about air quality and their
reactions to your suggested air quality goals
The communication methods your tribe can use range from
speeches and presentations, to newspaper articles,
editorials, the internet, brochures, and community meetings.
Your tribe can write news releases and public service
announcements which newspapers and radios will often run
for free. Letters to the editor are another good way to gain
exposure. Your tribe can also use these forums to update
the public on the status of TIP development and any
Chapter 6
Page 103
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The Quarry Lake on the
Reservation of the Oneida
Tribe of Indians ofWisconsin.
(Photo courtesy of the Oneida
Tribe of Indians of
Wisconsin.)
changes that may occur. For example, a weekly or monthly
column in a local newspaper or newsletter would enable
many people to stay up-to-date on air quality issues while
your tribe is developing the TIP. Check with area
newspapers or radio stations before submitting any press
release or public service announcement as there may be
guidelines on how to prepare them.
When preparing documents or statements to reach
stakeholders, use clear, concise language; explain
complicated scientific terms; and use acronyms sparingly.
It is also helpful to discuss the various impacts that may
arise from implementing a TIP.
When communicating with local citizens groups, it may be
helpful to relate air quality issues to the more familiar
issues of water quality, natural resource quality, and even
quality of life. Referencing these more familiar issues can
help people understand that air quality is an important part
of everyday life. Your tribe may need to give speeches or
presentations to different groups of stakeholders and choose
to alter your presentation to suit their interests. For
example, tribal members may want to know more about the
importance of good air quality for long-term human health,
the health of farm crops and natural vegetation, and the
tribe's culture, while representatives from business and
industry may want more technical explanations of proposed
emissions reductions.
What are the minimum
requirements for notice and
public hearings?
Public notice allows interested parties to review your plan
and offer comments at a meeting to be held later in the
process. Your tribe must make the TIP available for public
review by having it accessible in public locations on and off
the reservation, and provide information about how, when,
and where the public can access it in a prominent
advertisement in a general circulation newspaper. This
advertisement can also provide information about the
public hearing(s) for the TIP. Notice should be provided at
least 30 days prior to the date of the hearing.
Public hearings are required so that all those that are
affected by the proposed law have an opportunity to review
Chapter 6
Page 104
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Ocumulgee National
Monument, GA
The National Monument
preserves a continuous
records of human life in the
Southeast from the earliest
times to the present. From
Ice-Age hungers to the
Muscogee (Creek) people of
historic times, there is
evidence here of 12,000 years
of human habitation.
(Photo courtesy of the
National Park Service)
the plan and make comments. The CAA requires that
public hearings are held before an implementation plan is
sent in for EPA's approval.2 There are certain requirements
for holding public hearings. These requirements are
outlined in 40 CFR Part 51.102(d) and are as follows:
» Notice should be given to the public by prominent
advertisement in the area affected announcing the
date(s), time(s), and place(s) of such hearing(s);
» The proposed plan should be available for public
inspection in at least one location in each region to
which it will apply;
» The EPA Administrator should be notified (through the
appropriate Regional Office);
» Notification should be provided to each local air
pollution control agency which will be significantly
impacted by such plan, schedule, or revision;
» In the case of an interstate region, notification should be
given to any other states included, in whole or in part,
in the regions which are significantly impacted by such
plan or schedule or revision.
A tribe may request approval from EPA to utilize
procedures different from those listed above, however such
alternative procedures would have to ensure public
participation in matters for which hearings are required and
provide adequate public notification of the opportunity to
participate.3 In addition to the above requirements, there
are suggestions on how to make the process run more
smoothly. These suggestions are listed below.
» Consider holding a hearing in the evening to
accommodate those people that cannot attend a daytime
hearing.
» Include in the notice how the public can obtain a copy
of the TIP. Make the plan available on and off your
reservation.
Chapter 6
Page 105
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Are there other
consultation requirements?
How does your tribal
government formally adopt
the TIP?
» Try not to make changes to the TIP between the time of
advertising and the hearing, if possible. If significant
changes are made to the TIP during this time, the TIP
may need to be "re-proposed" to the public through
additional advertising.
» In the notice for the hearing, explain the air quality
. goals to be achieved and how the TIP will help to meet
those goals.
» Allow everyone to speak during the hearing, if possible.
If there is a large number of people interested in
speaking, your tribe may want to have time limits on
comments to ensure there is time to hear from everyone.
» Make the hearing transcripts available to the public.
These transcripts need to include a list of speakers and
their remarks.
After the public hearing, your tribe should prepare a
summary of the public's comments and your responses,
showing how they may have influenced the final version of
the TIP.
Under Section 121 of the CAA, consultation with certain
governmental entities (e.g., Federal land managers) may be
necessary before you adopt your TIP. You should consult
with your EPA. regional contact to determine whether or not
such consultation will be required. '•
After the consultation process, public notice period.) public
hearings, and any revisions resulting from public comment,
the tribal government can adopt the TIP. The tribal
government must adopt the TIP in the tribal code oi1 body
of regulations. Your tribe's laws and constitution may
include procedural requirements that you will also need to
follow in conducting and completing the adoption of the
TIP.
Chapter 6
Page 106
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Submitting Your
TIP to EPA for
Approval
What needs to be submitted
to EPA along with the TIP?
Once your tribe has adopted the TIP, it should be submitted
to EPA for approval. Appendix H, TIP Enforceability
Checklist, provides criteria that can be used to determine if
your regulations are clearly written before your TIP is
submitted. Appendix K, TIP Completeness Checklist,
provides an example of one Region's criteria for deeming a
TIP submission complete.
The EPA has specified in the Code of Federal Regulations
(40 CFR 51, Appendix V), the information that must be
submitted with your TIP in order for it to be deemed a
complete submission.4 The list is broken down into
administrative requirements, technical requirements, and
exceptions to the requirements.
The administrative requirements are:
» A formal letter from your tribe's Chair/President/Chief
to EPA requesting approval of the plan
» Evidence that the TIP was adopted into tribal code
» Evidence of your tribe's legal authority to adopt and
implement the TIP
» Evidence that your tribe is eligible to implement the
TIP, including evidence that your tribe has adequate
personnel and funding
» A copy of the tribal air code and the date the TIP is
effective and enforceable
» Certification that public hearings were held
» A copy of the public comments and your tribe's
response
Chapter 6
Page 107
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A major stationary source
located on the Fort Hall
Reservation on a -winter day.
A portion of the reservation
was designated
nonattainment for the PMIO
NAAQSinl990. The
Shoshone-Bannock Tribes
and the EPA worked together
to address pollution from the
source (see Chapter 1).
(Photo courtesy of Shoshone-
Bannock Tribes.)
The technical requirements include, as applicable:
» A list of regulated pollutants affected by the plan
» Locations of affected sources and the air quality
designation of their locations (i.e., attainment,
unclassifiable, nonattainment)
» Projected estimates of changes in current actual
emissions from affected sources
» Modeling information (i.e., input and output data,
justification of models used, data and assumptions
used)
» Evidence that the plan contains emission limitations,
work practice standards, and record-keeping/reporting
requirements
Since the Tribal Authority Rule "(TAR) allows tribes to
adopt severable TIP elements and build a TIP in a modular
fashion, it may not be necessary to meet every requirement
listed. Consult with EPA's tribal air coordinator in your
region before submitting your TIP to determine which
requirements will apply to your, submission (see Appendix
A). .
In addition to the documents listed above, your tribe may
also need to provide additional supporting materials.
Examples of these materials include air quality data
summaries, current and projected emissions inventories,
and dispersion modeling analyses. Any documents that
support your use of certain control technologies, inventory
development, and other air quality documents should be
submitted along with, your TIP.
If your tribe has not already requested and received
approval for "treatment as a state" for purposes of adopting
a TIP, then this request should also be submitted with your
TIP (see Chapter 1 for a more detailed discussion regarding
this submission). Please note that the statutory timeframes
discussed in the next.Section regarding completeness
Chapter 6
Page 108
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What does EPA do after
your tribe has submitted
your TIP?
Revising Your
Approved TIP
Why would your TIP need
revising once it has been
approved?
determinations and TIP approval would not apply unless
.your tribe has received approval for "treatment as a state"
for purposes of those provisions.
After your tribe has submitted the TIP to your regional
EPA office, they will review it for completeness within 6-
months. If your TIP submission is incomplete, EPA will
return it for revision. Your tribe can resubmit the TIP when
appropriate changes have been made. If EPA does not
make a completeness or incompleteness finding within 6
months from the date the TIP was received, the TIP
submission will automatically be deemed complete.
Partial approval/partial disapproval of your TIP may occur
if some sections of your TIP are approvable but other
sections are not approvable. Plans may also be approved
conditionally if it is necessary for the tribal government to
make certain revisions to the TIP before the TIP can be
fully approved by EPA. If your TIP is partially or
conditionally approved, your tribe will need to revise it and
resubmit it to EPA for approval. If EPA finds that the TIP
meets the requirements of the CAA, the Agency will
approve it. If a tribe's reservation boundary or other areas
under the tribe's jurisdiction are under dispute, EPA may
approve the plan for the undisputed areas and request more
information to resolve the conflict. Within 12 months of a
TIP being deemed complete, EPA must approve or
disapprove the TIP.
The EPA will notify your tribe prior to making any final
decision to fully or partially approve or disapprove your
TIP. EPA must take public comment on its intention to
approve or disapprove your TIP in the Federal Register.
If the NAAQS change or if EPA revises regulations
pertaining to a program that a tribe has adopted, the tribe
may have to revise its regulations and submit those
regulations as TIP revisions.
Chapter 6
Page 109
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In addition, if tribal laws change or if your tribe finds that
your TIP is not as effective as it could be in certain areas,
your tribe may wish to revise it. For example, if a source
' ' has altered its production methods it may require a different
emission limit Your tribe may also wish to change the air
quality designation of your reservation and this would also
require a revision in your TIP.
When the TIP needs to be revised, the same procedures
must be followed as with the original TIP, and EPA applies
the same completeness criteria when reviewing it for
approval.4
Conclusion A TIP is a flexible too1 vour tribe can use to address its air
quality goals. Your tribe can choose to develop and
implement only those TIP elements - maintenance plans,
attainment plans, preconstruction permitting program, and
regional haze plans - it considers important for addressing
air quality problems due to criteria pollutants. If your tribe
chooses to adopt a TIP, your regional EPA tribal air
coordinator and the references provided in this document
can help your tribe develop one.
Endnotes
1. For more information on communicating with the public and other topics relating to air
program development, see Developing a Tribal Air Program, Training Manual (April
1999) by the Institute for Tribal Environmental Professionals, Northern Arizona
University, and US EPA Region 6.
2. The requirements for public participation are established in the CAA section 110 and
codified in 40 CFR 51.102. ;
3. Requirements for public hearings can be found in 40 CFR 51.102. Under 40 CFR
51.102(g) a Tribe may request alternative procedures.
4. 40 CFR 51, Appendix V identifies the criteria for determining the completeness of an
implementation plan submission. Only a submission that is found or deemed complete
triggers the requirement for EPA to decide whether to approve or disapprove the TIP.
Chapter 6 ' . Page 110
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Appendix A
Tribal Contacts at EPA
EPA
Regional Office
Jurisdictions
EPA Regional Offices
Tribal Programs Web Sites
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
Region 7
Region 8
Region 9
Region 10
www.epa.gov/regionO 1 /govt/tribes/index.html
www.epa.gov/region2/nations/indianl .htm
www.epa.gov/region03/
www.epa.gov/region4/ead/GovPartners/tribal.htm
www.epa.gov/reg5oopa/tribes
www.epa.gov/earth 1 r6/6xa/tribal/tribal.htm
www.epa.gov/region07/
www.epa.gov/region8/tribes/
www.epa.gov/region09/cross_pr/indian/index.htrnl
http://yosemite.epa.gOV/r 10/tribal.NSF/webpage/tribal+office+ho
mepage?opendocument
Appendix A-1
-------
EPA Tribal Contacts
Region
1
2
3
4
5
6
7
Name & Address
Ida Gagnon
Environmental Engineer
Air Permits Program
1 Congress Street
Suite 11 00 (CAP)
Boston, MA 021 14-2023
Mazeeda Khan
290 Broadway, 26th Floor
New York, NY 10007-1 866
Air Protection Division
Darren Palmer
Environmental Scientist
Air Permits Section
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-3 104
Ben Giwojna
(Dino Blathras)
AR-18J
77 West Jackson Blvd.
Chicago, IL 60604-3507
Dick Thomas
(Tony Talton)
Air Tribal Coordinator
Fountain Place
1445 Ross Ave.
Dallas, TX 75202-2733
Judith Robinson
ARTD/APDB
Tribal Air Program
Coordinator
726 Minnesota
Kansas City, KS 66101-2728
Phone & Fax
(617) 918-1653 (P)
(617) 918-1505 (F)
(212) 637-351 7 (P)
(215)814-2100
(404) 562-9052 (P)
(3 12) 886-0247 (P)
(2 14) 665-8528 (P)
(2 14) 665-6762 (F)
(913) 551-7825 (P)
(913) 551 -7844 (F)
Email
gagnon.ida@epa.gov
kahn.mazeeda@epa.gov
palmer.darren@epa.gov
i
giwojna.benjamin@epa.gov
thomas.richardm@epa.gov
robinson.judith@epa.gov
Appendix A-2
-------
Region
8
9
10
National
National
National
Name & Address
Monica Morales
(Bernadette Gonzalez)
8P-AR
Environmental Engineer/
Tribal Air Coordinator
Air and Radiation Program
99918*81., Suite 300
Denver, CO 80202
Doug McDaniel
(Sara Bartholomew)
Tribal Team Leader
Air Division
75 Hawthorne St. (AIR-8)
San Francisco, CA 94105
Regina Thompson
(Mary Manous)
Tribal Air Program
Development
1 200 Sixth Ave (OAR- 1 07)
Seattle, WA 98 101
Darrel Harman
Office of Air and Radiation
National Tribal Coordinator
401 M Street SW - 6101
Washington, DC 20460
Laura McKelvey
Office of Air Quality
Planning and Standards
Tribal Coordinator
C504-01
Research Triangle Park, NC
27713
Julie McClintock
Office of Air Quality
Planning and Standards
Tribal Programs
C539-02
Phone & Fax
(303) 31 2-6936 (P)
(303) 3 12-6064 (F)
(41 5) 744-1246 (P)
(415) 744-1076 (F)
(206) 553-1498 (P)
(206) 553-1 059 (P)
(202) 564-741 6 (P)
(9 19) 541 -5477 (P)
(9 19) 541 -5339 (P)
Email
morales.monica@epa.gov
mcdaniel .doug@epa.gov
thompson.regina@epa.gov
-
mckelvey.laura@epa.gov
mcclintock.julie@epa.gov-
' Appendix A-3
-------
The page intentionally left blank.
Appendix A-4
-------
Appendix B
Informational Resources
Description
Starting Points
American Indian Environmental Office
(AIEO)
Institute for Tribal Environmental Office
American Indian Science and Engineering
Society (AISES)
General Law
The Clean Air Act (CAA)
Plain English Guide to the CAA
Code of Federal Regulations (C.FR)
Text of 40 CFR (environmental
regulations)
Tribal Authority Rule (TAR)
Laws, regulations, and guidance of special
interest to tribes
National Ambient Air Quality Standards
(NAAQS )
Memoranda for NAAQS -
Policy & Guidance Memos
Reports for NAAQS -
Background Information Documents
Website and/or Other Sources of Information
www.epa.gov/indian
www.cet.nau.edu/itep/
www.aises.org
www.epa.gov/oar/caa/contents.html
www.epa.gov/oar/oaqps/peg_caa/pegcaain.html
www.access.gpo.gov/nara/cfr/index.html
www.epa.gov/docs/epacfr40
63 Federal Register 7254
40 CFR parts 9, 35, 49, 50, and 81
www.epa.gov/oar/tribal/airprogs/authrule/http://la
ws.fmdlaw.com/dc/98 1 1 96a.html
www.epa.gov/indian/regulate.htm
40 CFR 50
www.epa.gov/airs/criteria.html
www.epa.gov/ttn/oarpg/tlmain.html
www.epa.gov/ttn/oarpg/tlpgm.html
www.epa.gov/ttn/oarpg/tl bid.html
Appendix B-l
-------
Description
State implementation plan (SIP)
requirements
Criteria used to determine the
administrative completeness of
implementation plans
Ozone nonattainment area requirements
Carbon monoxide nonattainment area
requirements
PM nonattainment area requirements
Sulfur oxide, lead, or nitrogen oxide
nonattainment area requirements
Nonattainment areas
Section 126 petitions to EPA to find that
sources outside your reservation are
contributing to NAAQS violations
Redesignation from nonattainment to
attainment
Emissions Inventories
Emissions Inventory Improvement
Program (EIIP)
EIIP Document Series, Volumes I-IX -
the primary guidance on inventory
development
ClearingHouse for Inventories and
Emissions Factors (CHIEF)
Handbook for Criteria pollutant Inventory
Development: A Beginner's Guide for
Point and Area Sources
The Institute for Tribal Environmental
Professionals
Website and/or Other Sources of Information
CAA Section 110(a)
40 CFR parts 51 and 52 \
40CFR51 Appendix V
CAA Sections 181 through 185
CAA Sections 186 and 187
§188 to §190 \
CAA Sections 191 and 192
www.epa.gov/airs/nonattn.html
www.epa.gov/oar/oaqps/greenbk/index.hfrnl
www.epa.gov/ttn/rto/126/ ;-
CAA Section 107(d)(3)(E)
www.epa.gov/ttn/chief/eiip/
www.epa.gov/ttn/chief/eiip/
or the National Technical Information Service
(www.ntis.gov/ or (703) 605-6000)
www.epa.gov/ttn/chief
www.epa.gov/ttn/chief
(reference number EPA-454/R-99-037) :
www.cet.nau.edu/itep
Appendix B-2
-------
Description
The Emissions Inventory Guidance for
Implementation of Ozone and Paniculate
Matter NAAQS and Regional Haze
Regulations, April 1999
AP-42, Emission Factors Handbook -
includes brief descriptions of processes
used, potential sources of air emissions
from the processes, common methods
used to control these air emissions, and
methodologies for estimating the quantity
of air pollutant emissions via emission
factors
Air Quality Monitoring
Information on existing air quality
monitoring stations
The Aerometric Information Retrieval
System - Air Quality System (AIRS-AQS)
- a database with information on the levels
of the criteria pollutants in all areas of the
country
Ambient Monitoring Technology
Information Center
Air Pollutant Monitoring website
The Tribal Air Monitoring Support Center
Quality Assurance Handbook for Air
Pollutant Measuring Systems: Volume
1— Principles
Quality Assurance Handbook for Air
Pollutant Measuring Systems: Volume
3— Stationary Source-Specific Methods
Data analysis requirements
Control Measures
Website and/or Other Sources of Information
www.epa.gov/ttn/chief/txt/eidocfnl.pdf
(reference number EPA-454/R-99-006.)
www.epa.gov/ttn/chief/ap42.htmWchapter
www.epa.gov/oar/oaqps/qa/monprog.html
www.epa.gov/airs/
www.epa.gov/ttn/amtic
www.epa.goy/oar/oaqps/montring.html
www.cet.nau.edu/itep/TAMS/TAMS_default.htm
Ordering information:
www.epa.gov/ncepihom/Catalog/EPA600R94038
A.html or 1-800-490-9198
Ordering information:
www.epa.gov/ncepihom/Catalog/EPA600R94038
C.html or 1-800-490-9198
40 CFR 50
www.epa.go v/ttn/oarpg/t 1 pgm.html
Appendix B-3
-------
Description
Clean Air Technology Center (CATC) -
a resource on all areas of emerging and
existing air pollution prevention and
control technologies, and information on
their use, effectiveness, and cost
NSR RACT/BACT/LAER Clearinghouse
Procedures for Identifying Reasonably
Available Control Technology for
Stationary Sources ofPM10 (EPA 452/R-
93-001), September 1992
Air Quality Modeling
Support Center for Regulatory Air Models
Emissions Measurement
Emission Measurement Center (EMC)
EMC's promulgated test methods site .
Enforcement
Office of Enforcement and Compliance
Assurance (OECA)
OECA's Compliance Assistance Centers
for specific industry sectors
National Enforcement Training Institute
(NETI)
American Indian Lands Environmental
Support Project (AILESP) - a database
with release, compliance and enforcement
histories for facilities located on and
within five kilometers of tribal lands
Website and/or Other Sources of Information
www.epa.gov/ttn/catc/
http://209.42.208.109/rblc/htm/bl02.htm
www.epa.gov/ttn/catc/products/html
www.epa.gov/ttn/scram/
www.epa.gov/ttn/emc/
or the EMC 24-hr automated telephone
information hotline: (919) 541-0200 \
www.epa.gov/ttn/emc/promgate.html
http://es.epa.gov/oeca/
http://es.epa.gOV/oeca/rnain/compasst/compcen1:er
s.html
www.epa.gov/oeca/neti
orcalll-800-EPA-NETI
http://es.epa.gov/oeca/ailesp/
Appendix B-4
-------
Description
BEN - a computer model for determining
the economic benefits gained by a source
for avoiding or delaying required
environmental expenditures
Miscellaneous
Criteria pollutants - general information
New Source Review
Visibility / Regional Haze Program
Tribal Environmental and Natural
Resources Assistance Handbook - a
central location of federal resources of
both technical and financial assistance
available to tribes for environmental
management
Developing a Tribal Air Program,
Training Manual (April 1999)-
information on public relations campaigns
and other topics relating to air program
development
Office of Air and Radiation, TribalAIR
State and Territorial Air Pollution
Program Administrators (STAPPA) and
Association of Local Air Pollution
Control Officers (ALAPCO) - national
associations representing air pollution
control agencies across the United States
National Tribal Environmental Council
(NTEC) - a membership organization
dedicated to working with and assisting
tribes in the protection and preservation of
the reservation environment
Website and/or Other Sources of Information
http://es.epa.gov/oeca/models/ben.html
www.epa.gov/oar/aqtrnd97/brochure/sixprin.html
www.epa.goy/ttn/nsr/
www.epa.gov/oar/vis/index.html
www.epa.gov/indian/tribook.pdf
Institute for Tribal Environmental Professionals
at Northern Arizona University at (520) 523-9555
and ITEP-L@lists.nau.edu (e-mail);
US EPA Region 6
www.epa.gov/oar/tribal/
www.4cleanair.org
www.ntec.org
Appendix B-5
-------
Description
Website and/or Other Sources of Information!
National Service Center for
Environmental Publication's (NSCEP) -
has over 5000 EPA publications available
in hard copy and multimedia product, free
of charse
www.epa.gov/ncepihom/
Appendix B-6
-------
Appendix C
Education and Training Resources
Resource
Contact Information
Air Pollution Training Institute (APTI) -
offers classroom, telecourse, self-
instructional courses, and web-based
learning, links to some of which are
provided below
www.epa.gov/oar/oaqps/eog/apti.html
(919) 515-4265 (phone)
(919) 541-5678 (fax)
APTI Area Training Centers - classroom
courses and training opportunities
www.epa.gov/oar/oaqps/eog/atcacad.html
Area Training Centers
Rutgers (Univ. of NJ), New Brunswick:
(732)'932-8065
Univ. of IL, Chicago: (312) 996-2094
CA Polytechnic State, San Luis Obispo:
(805) 756-2559
Univ. of So. FL, Tampa: (813) 974-5815
Specialized Training Centers
Environmental & Occupational Health Sciences
Institute, Piscataway, NJ: (732) 445-0220
Environmental Training Institute, Univ. of
OH, Cincinnati: (513) 556-2542
Air Pollution Training Academy, Univ. of TX,
Arlington: (817) 272-2915
APTI OL:2000 - an online reference manual
with reading material and problems on
fundamental engineering principles and
concepts, permit review, compliance
monitoring and inspection, and CAA
regulatory requirements
www.epin.ncsu.edu/apti/ol_2000/home/homefr
am.htm
EPA Education and Outreach Group (EOG)
- provides APTI courses and a variety of
other air training events, links to some of
which are provided below
www.epa.gov/oar/oaqps/eog/catalog/ccs2.htntl
Append ixC-1
-------
Resource
Contact Information
EOG Air Pollution Distance Learning
Network (APDLN) - provides seminars and
telecourses via satellite broadcasts to over
100 governmental and university affiliates
www.epa.gov/oar/oaqps/eog/apdln.html
(919) 541-5455 (phone)
(919) 541-5678 (fax)
EOG self-instructional courses - both
introductory and advanced courses are
available
www.epa.gov/oar/oaqps/eog/catalog/catsic.html
(919)515-5875
Institute for Tribal Environmental
Professionals (ITEP) - provides technical
and administrative training (the American
Indian Air Quality Training Program}, a
resource center and database (the Tribal
Environmental Resource Center), outreach
to schools, and professional and student
internships
www.cet.nau.edu/itep/default.htm
(520)523-9555
Tribal Air Monitoring Support Center
(TAMS) - provides hands-on training and
support services for tribal air professionals
on the topic of air quality monitoring
www.cet.nau.edu/itep/TAMS/TAMS_default.
htm
(702) 798-2559 • '.
Appendix C-2
-------
Appendix D
Information on Criteria Pollutants
SO,
What is it?
» Sulfur dioxide (SO2) belongs to a family of gases called sulfur
oxides (SOX).
» SO2 is released during the burning or processing of sulfur-
containing ores and fossil fuels.
Health Effects
» SO2 contributes to respiratory illness.
» SO2 aggravates asthma, bronchitis, emphysema, cardiovascular
problems.
Environmental
Effects
» Acid rain occurs when SO2 and NOX react with water and oxygen;
Acid rain harms lakes and streams, and damages trees, crops,
historic buildings, and monuments.
» SO2 contributes to visibility impairment in large parts of the
country by contributing to haze.
Common
Emission
Sources
» Utility & industrial boilers
» Primary and secondary copper & lead smelters
» Petroleum refineries
» Aluminum smelters
» Phosphate fertilizer manufacturing
» Diesel vehicles
» Iron & steel mills
» Crude petroleum & natural gas extraction processes
» Carbon black manufacturing
» Sulfuric acid plants
» Portland cement manufacturing
» Pulp and paper mills ^
NO,
What is it?
» Nitrogen dioxide (NO2) belongs to a family of gases called
nitrogen oxides (NOX).
» NO2 is released when fossil fuels are burned and from high
temperature processes.
» NO2 can react in the presence of water and sunlight to become
ozone (O3).
Health Effects
O3 causes damages lung tissue, reduces lung function and
sensitizes the lungs to other irritants; it also irritates the eyes,
nose, throat.
O3 is especially bad for those with chronic heart and lung disease,
as well as the very young and old, and pregnant women.
Appendix D-l
-------
N02,
cont.
Environmental
Effects
Common
Emission
Sources
» Acid rain occurs when SO2 and NOX react with water and|oxygen;
Acid rain harms lakes and streams, and damages trees, crops,
historic buildings, and monuments.
» O3 is the main pollutant in smog.
» NOX can cause damage to plant foliage. _ '-_
» Metallurgical furnaces
» Blastfurnaces
>> Plasma furnaces
» Kilns
» Fossil fuel power generation
» On-road vehicles
O,
What is it?
Health Effects
Environmental
Effects
Common
Emission
Sources
In
» Ozone (O3) is found in two layers of the atmosphere, the
stratosphere and the troposphere. In the stratosphere (the
atmospheric layer 7 to 10 miles or more above the earth's
surface), ozone is a natural form of oxygen that provides a
protective layer shielding the earth from ultraviolet radiation
the troposphere (the layer extending up 7 to 10 miles from the
earth's surface), ozone is formed through chemical reactions and
is a major component of smog. Ozone in the troposphere is
produced through complex chemical reactions of NOX and
volatile organic compounds (VOC) and sunlight.
» Volatile organic compounds (VOC) are found in everything from
paints and coatings to underarm deodorant and cleaning fluids.
Areas in nonattainment for O3 regulate NOX and VOC emissions.
» O3 causes damages lung tissue, reduces lung, function and
sensitizes the lungs to other irritants; it also irritates the eyes,
nose, throat.
» O3 is especially bad for those with chronic heart and lung disease,
as well as the very young and old, and pregnant women.
» O3 is the main pollutant in smog.
» VOC and NOX can cause damage to plant foliage.
» Transportation sources
» Power plants . . .
» Industrial boilers and industrial processes utilizing solvents, such
as surface coating (paints) and printing (inks)
» Petrochemical processing
» Chemical manufacturing
» Dry cleaners
» Paint shops
» Gasoline storage and transfer
Appendix D-2
-------
CO
What is it?
Health Effects
Environmental
Effects
» Carbon monoxide (CO) is a poisonous gas formed when carbon
in fuels is hot burned completely.
» CO is a product of vehicle exhaust, which contributes about 77%
of all CO emissions nationwide.
» CO reduces oxygen delivery to organs and tissues.
» CO affects cardiovascular and central nervous systems.
» CO causes headaches, dizziness, nausea, and listlessness.
» CO is associated with visual impairment, reduced work capacity
and manual dexterity, poor learning ability, difficulty performing
complex tasks, inability to discriminate time intervals, and in high
doses, may cause death.
» CO is believed to contribute to global climate change.
Common
Emission
Sources
» On-road vehicles
» Non-road sources (lawn & garden equipment, recreational marine
equipment)
» Non-transportation fuel combustion (i.e., wood burning)
» Chemical & allied product mfg. (i.e., carbon black
manufacturing)
» Metals processing (i.e., ferrous metals)
Pb
What is it?
» Lead (Pb) is a naturally occurring substance.
» Historically, the primary source of Pb emissions was lead
additives in gasoline.
Health Effects
» Pb causes damage to kidney, liver, brain, nervous system, and
causes malformation of an embryo or fetus.
» Pb is associated with heart disease, high blood pressure, anemic
disorders, osteoporosis, reproductive disorders, memory
problems, fatigue, and mood changes.
» Infants and young children are especially susceptible to low doses
of Pb, and this age group still shows the highest levels.
Environmental
Effects
» Pb can inhibit photosynthesis and reduce growth in plants.
» Pb can lead to changes in species composition as plant and
microbial communities become lead-tolerant.
» Pb can accumulate in the environment and travel up the food
chain and be ingested by humans.
' Appendix D-3
-------
Common
Emission
Sources
» Lead smelters
» Iron & Steel production
» Mining
» Waste incineration
» Lead alkyl manufacturing
» Battery manufacturing
» Pigment manufacturing
» Fuel combustion (i.e., utility, industrial, other)
PM
What is it?
Health Effects
Environmental
Effects
Common
Emission
Sources
» Particulate matter (PM) is solid or liquid material suspended in
the atmosphere (i.e.-, pieces of ash, smoke, soot, dust, and liquid
droplets).
» PM is directly emitted or formed in the air. \
» PM is characterized by coarse and fine size fractions:
> PM10 includes particles < 10 /^m in diameter
> PM25 includes particles <; 2.5 ^m in diameter
» PM causes eye irritation and accumulates in lungs, contributing to
damaged lung tissue, decreased lung function, aggravated asthma,
acute respiratory symptoms, increased hospital visits, increased
frequency in childhood illness such as chronic bronchitis,
premature death
» Children, asthmatics, elderly, and individuals with pre-existing
cardiovascular and respiratory illness are especially sensitive
populations. • •
» PM contributes to visibility impairment in large parts of the
country by contributing to haze.
'» Paved and unpaved roads
» Construction activities
» Burning
» Mineral product manufacturing
» Waste disposal and recycling
» Fuel combustion (utilities, industrial)
» Industrial processes (metals, processing, oil refining)
Appendix D-4
-------
Appendix E
A Guide to Regional Air Quality Planning Organizations
Regional Organizations
Name
Contact Information
Member Governments
Mid-Atlantic/Northeast
Visibility Union
(MANE-VU)
Bruce Carhart
444 N.Capitol St. NW
Suite 638
Washington, DC 20001
(202) 508-3840
http://www.sso.org/otc/re
gional_haze/regionalhaze.
htm#Formal%20Actions
Connecticut
Delaware
Maine
Maryland
Massachusetts
New Hampshire
New Jersey
New York
Pennsylvania
Penobscot Indian Nation
Rhode Island
St. Regis Mohawk Tribe
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
U.S. Forest Service
U.S. National Park Service
Vermont
Washington, DC
Appendix E-l
-------
Name
Contact Information
Member Governments
Visibility Improvement
State and Tribal
Association of the
Southeast (VISTAS)
William P.'(Phil) Brantley
2600 Bull St.
Columbia, SC 29201
(803)898-4116
http://www.vistas-sesarm.
org/
Alabama
Catawba Indian Nation
Eastern Band of the Cherokee Indians
Florida
Georgia
Kentucky
Miccosukee Tribe of Indians of Florida
Mississippi
Mississippi Band of Choctaw Indians
North Carolina
Seminole Indian Tribe of Florida
South Carolina
Tennessee
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
U.S. Forest Service
U.S. National Park Service
Virginia
West Virginia
Appendix E-2
-------
Name
Contact Information
Member Governments
Midwest RPO
Mike Koerber
2250 East Devon Ave.
Suite 216
DesPlaines, IL60018
(847)296-2181
http://www.ladco.org/rpo/
rpo.html
Bad River Band of Lake Superior
Chippewa
Bay Mills Indian Community
Bois Forte Reservation Business
Committee
Fond du Lac Reservation Business
Committee
Forest County Potawatomi Community
Grand Portage Reservation Business
Committee
Grand Traverse Band of Ottawa and
Chippewa
Great Lakes Indian Fish & Wildlife
Great Lakes Inter-Tribal Council
Hannahville Indian Community
Ho Chunk Nation
Illinois
Indiana
Intertribal Council of Michigan
Keweenaw Bay Indian Community
.Lac Courte Oreilees Band of Lake
Superior Chippewa
Lac du Flambeau Band of Lake
Superior Chippewa
Lac Vieux Desert Band of Lake
Superior Chippewa
Leech Lake Reservation Business
Committee
Little River Band of Ottawa
Little Traverse Bay Bands of Odawa
Lower Sioux Indian Community
Match-E-Be-Nash-She-Wish Band of
Potawatomi
Menominee Indian Tribe
Michigan
Mille Lacs Reservation Business
Committee
Minnesota Chippewa
Nottawaseppi Huron Potawatomi
Ohio
Oneida Tribe
Pokagon Band of Potawatomi
Appendix E-3
-------
Name
| Contact Information | Member Governments
Midwest RPO (cont.)
Shakopee Mdewakanton Sioux
Community
Sokaogon Chippewa (Mole Lake)
Community
St. Croix Chippewa
Stockbridge-Munsee Community
Upper Sioux Community
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service'
U.S. National Park Service
White Earth Reservation Business
Community
Wisconsin
Central Regional Air
Planning Association
(CENRAP)
10015 S. Pennsylvania
Suite A
Oklahoma City, OK
73159
Larry Byrum (Virginia)
(405) 378-7377
Bob Hannesschlager
(214)665-3188
http://www.cenrap.org/
Arkansas
Iowa
Kansas
Louisiana
Minnesota
Missouri
Nebraska
Oklahoma '.
Texas
(Tribal membership in progress)
Appendix E-4
-------
Name
Contact Information
Member Governments
Western Regional Air
Partnership (WRAP)
1515 Cleveland PI.
Suite 200
Denver, CO 80202
Patrick Cummins,
Western Governors'
Association
(303) 623-5635
Bill Grantham,
National Tribal
Environmental Council
(505)242-2175
1-800-727-2175
www.wrapair.org
Arizona
California
Campo Band of Kumeyaay Indians
Colorado
Cortina Indian Rancheria
Hopi Tribe
Hualapai Nation of the Grand Canyon
Idaho
Jicarilla Apache Tribe
Montana
New Mexico
North Dakota
Northern Cheyenne Tribe
Oregon
Pueblo of Acoma
Pueblo of San Felipe
Salish and Kootenai Confederated
Tribes
Shoshone-Bannock Tribes of Fort Hall
South Dakota
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
U.S. Forest Service
U.S. National Park Service
Utah
Washington
Wyoming
Appendix E-5
-------
-------
Appendix F
Emission Inventories
This appendix provides additional information on emission inventory development, including:
» Different approaches toward inventory development
» The types of sources to include in an inventory
» The types of emissions to include in an inventory
» The types of data to include in an inventory
» EPA resources for emissions data, emissions factors, and emissions estimation
methods
What approaches can be taken toward inventory development?
There are two main approaches you can follow in estimating emissions: top-down and
bottom-up. Both approaches can be used in one inventory for estimating emissions from
different types of sources.
1. A Top-Down Approach means that you develop emissions estimates based on national
or regional estimates. You scale the national or regional estimates to your inventory area using
some measure of activity data thought to be related to the emissions on your reservation. Sales
data (such as the total amount of gasoline sold at a gas station) or per capita emission factors are
often used.
A top-down approach is typically used to inventory area sources (see below) and is used
when local data are unavailable or when collection of local data is cost-prohibitive. One problem
with this approach is that the emission estimates will lose some accuracy due to the uncertainties
associated with extrapolating national or regional estimates to your area.
2. A Bottom-Up Approach means you estimate emissions for individual sources and sum
all the sources to obtain a reservation-wide estimate. Bottom-up approaches are typically used to
inventory point sources, although they can be used to inventory area sources when resources are
available to collect local activity data through a survey effort. The bottom-up approach requires
more resources to collect site-specific information, but also results in more accurate estimates
than the top-down approach because data are collected directly from individual sources.
What types of sources are included in an inventory?
An emission source can be defined as an entire facility, such as a petroleum refinery with
many emission sites caused by process activities, or just a particular emission site within the
Appendix F-l
-------
facility, such as one stack. Sources can also be smaller facilities such as gas stations and mobile
sources such as cars. There are five categories of sources to include in an inventory: point
sources, area sources, mobile sources,'biogenic source's, and geogenic sources.
L Point sources are stationary facilities that emit air pollutants. Examples of point
sources include manufacturing facilities or electric utility sites. Air pollutants may be emitted
from process activities through exhaust stacks or as fugitive emissions. Fugitive emissions are
emission sources that do not come from an exhaust stack or vent and are technically infeasible to
collect and control. Fugitive emissions may escape from industrial buildings or come from
unconfmed activities such as outdoor materials storage piles swept by wind and surface mining
activities. ,
Point sources can be major or minor sources of emissions. The definition of a major
source under Title I of the CAA in most cases is a source that emits, or has the potential, to emit,
100 tons/year of any criteria air pollutant except for lead (Pb); the cutoff for a major source that
emits lead is 5 tons/year. Volatile organic compounds ("VOCs," an ozone precursor), nitrogen
dioxide (NO2), carbon monoxide (CO), and particulate matter (PM,0) have lower thresholds for
major sources in serious, severe, and extreme nonattainment areas (see table below). Minor
sources are sources that emit less than the emission rate that defines a major source.
Thresholds for Major Source Designation.
(tpy = tons per year)
General Cutoff
Serious
Nonattainment
Areas
Severe
Nonattainment
Areas
Extreme
Nonattainment
VOC
(ozone
2:1 00 tpy
> 50 tpy
>25 tpy
^10 tpy
CO
> 100 tpy
> 50 tpy
n/a
n/a
NOX
> 100 tpy
> 50 tpy
n/a
n/a
PM10
> 100 tpy
> 70 tpy
n/a
n/a
SO2
'> 100 tpy
n/a
n/a
n/a
Pb
> 5 tpy
n/a
n/a
n/a
'
n/a = Not applicable; There are only serious nonattainment areas for ozone, CO, NOX, and PM,0, andthere are only
severe and extreme nonattainment areas for ozone (VOCs are an ozone precursor).
Appendix F-2
-------
2. Area sources are activities that cause emissions over a geographic area, such as
vehicle traffic on unpaved roads, open burning, residential heating, and agricultural activities.
Area sources are usually minor sources, but the combined emissions of a pollutant from one type
of area source can be a large proportion of the total emissions of that pollutant in an area.
Emissions from area sources are usually fugitive emissions.
3. Mobile sources include on-road and non-road sources. On-road mobile sources
include vehicles designed for use on public roadways, such as cars, trucks, buses, and
motorcycles. Non-road mobile sources are equipment or vehicles with internal combustion
engines not generally for highway use. Examples of non-road mobile sources are lawn mowers,
chain saws, airplanes, boats, and diesel locomotives.
4. Biogenic sources are non-manmade or natural emitters of air pollutants. For example,
conifer trees emit terpenes which are volatile organic compounds, a precursor to ozone.
5. Geogenic sources are natural occurrences that create pollution, such as oil and natural
gas seeps which emit ozone precursors (VOC and NOX), volcanoes which emit PM and SO2, and
wind that blows dust from natural areas, creating particulate matter.
What types of emissions can be inventoried?
Whether a top-down or a bottom-up approach is used, you can compile inventories using
actual emissions, allowable emissions, or emissions based on a facility's potential to'emit,
depending on the purpose of the inventory.
» Actual Emissions record the actual rate of emissions of a pollutant from a source,,,
calculated using actual operating hours, production rate, and where applicable, fuel
combusted during the period of interest. For example, base-year inventories
developed by states in support of SIPs are compiled using actual emissions. Actual
emissions are used to validate atmospheric models.
» Allowable Emissions are the product of an enforceable emissions rate (e.g., pounds
of NO2 per unit of product), the anticipated operating rate or activity level (e.g., units
of product produced per hour), and the anticipated operating schedule (e.g., hours per
day). In general, allowable emissions are used when emission projections are being
developed for use in atmospheric modeling.
» Potential Emissions are the capability of a source, at maximum design capacity, to
emit a pollutant after the application of air pollution control equipment. Potential to
emit estimates are based on the maximum capacity of a source after taking into
consideration enforceable permit conditions such as the type of materials combusted,
the type of materials processed, and the annual hours of operation. In general,
potential emissions are estimated and reported in inventories in support of permitting
activities under Title V of the CAA.
Appendix F-3
-------
What data are necessary for an emissions inventory?
You will need information on the activities causing emissions, the frequency or rate of the
activity, the locations, of emissions points, the hours of operation (i.e., hours per day and days per
year), and the temperature, height, and speed at which emissions enter the atmosphere. You will
also need information on the level of emissions control (percent reduction) initially used, if any,
and the level required by your attainment strategy.
What types of resources are available from EPA for emissions data, emissions
factors, and emissions estimation methods?
Resources for Emissions Data, Emissions Factors, and Emissions Estimation Models:
» Air CHIEF CD-ROM provides access to: air emissions data specific to estimating the
types and quantities of pollutants that may be emitted for a wide variety of sources;
AP-42 emission factors for stationary, area, and mobile sources; FIRE (emissions
estimation database, see description below); Standard Classification Codes (SCC);
area and mobile source codes (AMS); 1997 North American Industrial Classification
System (NAICS) matched to the 1987 Standard Industrial Codes (SIC); the Handbook
for Criteria Pollutant Inventory Development; the National Emissions Inventory
(NEI) database (see description below); and several types of emissions estimation
models. More information about this CD-ROM is available at the Clearinghouse for
Inventories and Emissions Factors (CHIEF) website
(www.epa.gov/ttn/chief/airchief.htmWorder). It can be ordered at that website or
through the Government Printing Office ((202) 512-1800).
Resources for Emissions Data:
» The National Emission Inventory (NEI) is a national repository database that blends
state , local and tribal supplied data with EPA derived data to form a comprehensive
national inventory of criteria and toxic pollutants. The NEI is accessible at1 www.epa.
gov/ttn/chief/net/index.html#dwnld, and from the AIRData web site at :
www.epa.gov/air/data/net.html.
Resources for Emission Factors:
» Compilation of Air Pollutant Emission Factors (AP-42) contains criteria pollutant
emission estimation factors for point and area sources. It is available at
www.epa.gov/ttn/chief/ap42.html and the AirCHIEF CD-ROM (described above).
» Factor Information Retrieval (FIRE) Data System is a database of EPA" s
recommended emission estimation factors for criteria and hazardous pollutants
(including emission factors from AP-42). FIRE can be accessed at
Appendix F-4
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www.epa.gov/ttn/chief/fire.html and on the Air CHIEF CD-ROM (described above).
Resources on Emission Estimation Models (can be downloaded free-of-charge):
» Landfill Gas Emissions Model (www.epa.gov/ttn/catc/products.htmWsoftware).
» TANKS to estimate emissions from fixed- and floating-roof storage tanks (www;epa.
gov/ttn/chief/tanks.html).
» WATERS and CHEMDAT8 to estimate air emissions from wastewater collection and
treatment systems (www.epa.gov/ttn/chief/software.html#water8).
» MECHfor estimating particulate emissions from paved roads, unpaved roads,
materials handling, agricultural tilling, and construction and demolition, and PM for
estimating PM2 5 emissions (www.epa.gov/ttn/chief/software.html#fugitiye).
Appendix F-5
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-------
Appendix G "^
F-
, Air Quality Monitoring
This appendix provides additional information on air quality monitoring including:
» The principle objectives of air quality monitoring -..-'"•
» The types of pollutants that are monitored
» The types of monitors that are available
» The types of monitoring networks
» EPA resources for monitoring network design, installing and operating monitors, and
reporting air quality monitoring data
What are the principle objectives of air quality monitoring?
One way to protect and assess air quality is through the development of an Ambient Air
Monitoring Program. Air quality samples are generally collected for one or more of the
following purposes:
» To judge compliance with and/or progress made towards meeting ambient air quality
standards.
» To activate emergency control procedures that prevent or alleviate air pollution episodes.
» To observe pollution trends throughout the region, including non-urban areas.
» To provide a data base for research evaluation of effects: urban, land-use, and
transportation planning; development and evaluation of abatement strategies; and
development and validation of diffusion models.
What types of pollutants are monitored?
Currently the air quality monitoring networks in the United States focus on the criteria
pollutants, as well as the relevant ambient air pollution information for visibility impairment and
acid rain. Although there is currently no national air toxics monitoring network, there are
approximately 300 monitoring sites currently producing ambient data on some of the 188
hazardous air pollutants (HAPs) listed in the 1990 Clean Air Act amendments. EPA is working
together with tribal, state and local air monitoring agencies to build upon the existing monitoring
sites to develop a national air toxic monitoring network. It should be noted that many of the
programs designed to reduce ambient concentration of the criteria pollutants also aid in reducing
pollution that contributes to air toxics pollution, visibility impairment and acid rain. In terms of
the six criteria pollutants, particulates and ozone are the pollutants most often monitored.
Appendix G-l
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Criteria Pollutants
In some cases, proxy pollutants may be measured to better understand the criteria
pollutant of interest. For instance, ozone concentrations may be monitored by measuring the
actual level of ozone in a neighborhood, urban area or region or by monitoring for ozone
precursors, NOX and VOC. To monitor for PM2 5, PM10 and PMTSP (total suspended particulates),
organic and elemental carbon, sulfur dioxide and sulfate, particle nitrate, ammonia or nitric acid
may be measured. Lead may be monitored by measuring for PM and then determining the
fraction that contains the pollutant (40CFR Part 50, Appendix G).
Acidic Deposition
Measurements of sulfate, nitrate, hydrogen ion, ammonia, chloride and base cations
(calcium, magnesium and potassium) are taken to assess atmospheric deposition and determine
the contribution of SO2 and NO2 to acid rain.
Visibility-Related Pollutants
Visibility-related characteristics and measurements can be partitioned into three groups:
Aerosol - The physical properties of the ambient atmospheric particles (chemical composition.,
size, shape, concentration, temporal and spatial distribution and other physical properties)
through which a scene is viewed.
Optical - The ability of the atmosphere to scatter or absorb light passing through it. The physical
properties of the atmosphere are described by extinction, scattering and absorption coefficients
plus an angular dependence of the scattering known as the normalized phase function. Optical
characteristics integrate the effects of atmospheric aerosols and gasses. \
Scene - The appearance of a scene viewed through the atmosphere. Scene characteristics are
more nearly in line with the simple definition of visibility than aerosol or optical characteristics.
Scene characteristics include observer visual range, scene contrast, color, texture, clarity, and
other descriptive terms. Scene characteristics change with illumination and atmospheric
composition.
Aerosol and optical characteristics depend only on the properties of the atmosphere
through which light passes. Scene characteristics, however, are also dependent on the scene and
lighting conditions.
"Visual air quality" describes the air pollution aspects of visibility. Visual air quality is
what must be monitored and preserved in class I areas, not the overall visibility which is
influenced by nonpollution factors (i.e., clouds, snow cover, sun angle, etc.).
Appendix G-2
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The distribution and extent of pollutants in the atmosphere relative to the observer's sight
path has a large effect on the appearance of visibility impairment. If the pollutants are uniformly
distributed from the ground to a height well above the highest terrain, it is known as a "uniform
haze." If the top edge of the pollution layer is visible, as is often the case when pollution is
trapped below an inversion, then it is called a "surface layer." A pollution distribution that is not
in contact with the ground is an "elevated layer." "Plumes" can be thought of as a special case of
an elevated layer, though from many vantage points it may not be possible to distinguish a plume
from an elevated layer. It is possible to have combinations of pollutant distributions such as
multiple elevated layers superimposed upon a uniform haze.
Uniform haze and surface layered haze can be monitored from the ground by a variety of
methods. Elevated layers must be either remotely monitored from the ground or from instruments
carried aloft.
What types of monitors are available?
Sampling equipment requirements are generally divided into three categories, consistent
with the desired averaging times:
A. Continuous - Pollutant concentrations determined with automated methods, and recorded
or displayed continuously.
B. Integrated - Pollutant concentrations determined with manual or automated methods
from integrated hourly or daily samples on a fixed schedule.
C. Static - Pollutant estimates or effects determined from long-term (weekly or monthly)
exposure to qualitative measurement devices or materials.
Air monitoring sites that use automated equipment to continually sample and analyze
pollutant levels may be classified as primary. Primary monitoring stations are generally located
in areas where pollutant concentrations are expected to be among the highest and in areas with
the highest population densities; thus, they are often used in health effects research networks.
These stations are also designed as part of the air pollution episode warning system.
Particulate Monitoring
Particulate monitoring is usually accomplished with manual measurements and
subsequent laboratory analysis. In this method, a filter-based high-volume sampler - a vacuum-
type device that draws air through a filter or absorbing substrate - retains atmospheric pollutants
for future laboratory weighing and chemical analysis. This type of sampler provides average
concentrations over a period of up to 24 hours. The total air flow is determined by the difference
in rotameter readings at the start and conclusion of the test.
Continuous monitoring methods for suspended particles are also available. Continuous
measurement methods include Mass and Mass Equivalent (Tapered Element Oscillating
Microbalance (TEOM), Piezoelectric Microbalance, Beta Attenuation Monitor (BAM) and
Appendix G-3
-------
Pressure Drop Tape Sampler (CAMMS)), Visible Light Scattering (Nephelometer, Optical
Particle Counter (OPC), Condensation Nuclei Counter (CNC), Aerodynamic Particle Sizer (APS)
and Light Detection And Ranging (LIDAR)), Visible Light Absorption (Aethalometer and
Particle Soot/Absorption Photometer and Photoacoustic Spectroscopy), Electrical Mobility
(Electrical Aerosol Analyzer (EAA) and Differential Mobility Particle Sizer (DMPS)), Chemical
Components (Single Particle Mass Spectrometers, Carbon Analyzer, Sulfur Analyzer, Nitrate
Analyzer and Multi-Elemental Analyzer) and Precursor Gases (Ammonia Analyzer, Nitric Acid
Analyzer, Fourier Transform Infrared (FTIR) Spectroscopy and Other Nitric Acid Instruments).
Three continuous PM10 monitors based on inertial mass and electron absorption have been
designated as equivalent methods that can be used to determine compliance with the PM10
NAAQS.
Federal Reference Method (FRM) or Federal Equivalent Method (FEM) samplers are to
be used in PM25 compliance monitoring networks (i.e., State and Local Air Monitoring Stations
(SLAMS) and National Ambient Monitoring Stations (NAMS)). Interagency Monitoring of
Protected Visual Environments (IMPROVE) samplers may also be used at regional background
or regional transport sites in lieu of FRMs or FEMs. Continuous monitors can be tested and
classified as Class III FEM for compliance monitoring.
Gaseous Pollutant Monitoring
Monitoring for gaseous pollutants, such as sulfur dioxide, is accomplished with dynamic
samplers for average concentrations over a 24-hour period and with static samplers for longer
periods, e.g., 30 days.
Visibility Monitoring
As indicated above, visibility-related characteristics and measurements can be partitioned
into three groups: aerosol, optical and scene. Thus, visibility monitors are categorized in a
similar way. Aerosol monitors are used to obtain concentration measurements of atmospheric
constituents. Optical monitors are used to measure the light scattering and absorption properties
of the atmosphere, independent of physical scene characteristics or illumination conditions.
Scene monitors use still and/or time-lapse photography (including digital imagery) to provide a
qualitative representation of the visual air quality in the area of interest.
The Interagency Monitoring of Protected Visual Environments (IMPROVE) monitoring
protocol defines that, where possible, aerosol, optical, and scene monitoring shall be conducted
at each site. Site logistics do restrict the operation of certain instruments at some sites. The
instrumentation used to fulfill IMPROVE protocols include: "Aerosol" IMPROVE Modular
Aerosol Sampler; "Optical" Transmissometer or Nephelometer (collocated with an air
temperature/relative humidity sensor); and "Scene" Automatic Camera Systems.
Appendix G-4
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Meteorological Data ^ ' •'
Atmospheric considerations may include spatial and temporal variabilities of the
pollutants and their transport. Effects of buildings, terrain, and heat sources or sinks on the air
trajectories can produce local anomalies of excessive pollutant concentrations. Meteorology
must be considered in determining not only the geographical location of a monitoring site but
also such factors as height, direction, and extension of sampling probes. Wind speed, direction
and variability can greatly influence the dispersal of pollutants.
Wind speed affects the travel time from the pollutant source to the receptor and the
dilution of polluted air in the downwind direction. The concentration of air pollutants are
inversely proportional to the wind speed.
Wind direction influences the general movements of pollutants in the atmosphere.
Review of available data can indicate mean wind direction in the vicinity of the major sources of
emissions.
Wind variability refers to the random motions in both horizontal and vertical velocity
components of the wind. These random motions can be considered atmospheric turbulence,
which is either mechanical (caused by structures and changes in terrain) or thermal (caused by
heating and cooling of land masses or bodies of water). If the scale of turbulent motion is larger
than the size of the pollutants plume, the turbulence will move the entire plume and cause
looping and fanning; if smaller, it will cause the plume to diffuse and spread out.
Most ambient air monitoring programs include meteorological monitoring in order to
obtain more information on pollutant trends. For instance, the Clean Air Status and Trends
Network (CASTNet) records hourly meteorological parameters such as temperature, relative
humidity, solar radiation, ozone, precipitation and wind speed/direction. The National
Atmospheric Deposition Program (NADP) and IMPROVE programs monitor daily precipitation
and relative humidity/temperature respectively. In some cases, temperature sensing at multiple
elevations is used to monitor stability of the air mass.
What types of monitoring networks are available?
Monitoring networks are designed to meet their network objective (including both the
appropriate spatial scale and pollutant(s)). Spatial scales range from micro to global. Pollutants
can include the criteria pollutants, visibility impairing pollutants, acid deposition, and others. In
addition to monitoring network objectives and spatial scale, three types of monitoring network
are discussed in this section: the ambient monitoring network which measures the criteria
pollutants, the IMPROVE network which characterizes visibility impairment, and two acidic
deposition networks.
A monitoring network should be designed to meet one of six basic objectives listed
below:
Appendix G-5
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A. to determine highest concentrations expected to occur in the area covered by the network;
B. to determine representative concentrations in areas of high population density;
C. to determine the impact on ambient pollution levels of significant sources or source
categories;
D. to determine general background concentration levels;
E. to determine the extent of regional pollutant transport among populated areas, and in
support of secondary standards; and
F. to determine welfare-related impacts in more rural and remote areas.
These six objectives indicate the nature of the samples that the monitoring network will collect
which must be representative of the spatial area being studied.
Spatial Scales
The goal in siting stations is to correctly match the spatial scale represented by the sample
of monitored air with the spatial scale most appropriate for the monitoring objective of the
station. The representative measurement scales of greatest interest are shown below:
Micro Concentrations in air volumes associated with area dimensions ranging
from several meters up to about 100 meters
Middle Concentrations typical of areas up to several city blocks in size with
dimensions ranging from about 100 meters to 0.5 kilometer
Neighborhood Concentrations within some extended area of the city that has relatively
uniform land use with dimensions in the 0.5 to 4.0 kilometers range
Urban Overall, city wide conditions with dimensions on the order of 4 to 50
kilometers. This scale would usually require more than one site for
definition
Regional Usually a rural area of reasonably homogeneous geography and extends
from tens of hundreds of kilometers
National/Global Concentrations characterizing the nation and the globe as a whole
The following table illustrates the relationships among the six basic monitoring objectives and
the scales of representativeness that are generally most appropriate for that objective.
Appendix G-6
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Monitoring
Objective
Highest Concentration
Population
Source Impact
General/background
Regional Transport
Welfare-related
Appropriate Siting Scaie
Micro, middle, neighborhood, sometimes urban
Neighborhood, urban
Micro, middle, neighborhood -
Neighborhood, regional
Urban/regional "
Urban/regional
Ambient Air Quality Monitoring Program
The EPA's ambient air quality monitoring program is carried out by State, tribal, and
local agencies and consists of three major categories of monitoring stations, State and Local Air
Monitoring Stations (SLAMS), National Air Monitoring Stations (NAMS), and Special Purpose
Monitoring Stations (SPMS). Additionally, a fourth category of a monitoring station, the
Photochemical Assessment Monitoring Stations (PAMS), which measures ozone precursors
(approximately 60 volatile hydrocarbons and carbonyl) has been required by the 1990
Amendments to the Clean Air Act. Sensitive equipment measures the concentration of many
different air pollutants to determine the ambient concentrations of the criteria pollutants. Some
types of equipment run continuously, measuring pollutant concentrations every few minutes, and
calculating an average concentration for each hour of the day and night. Other types of equipment
operate intermittently, perhaps every other day or every sixth day. The equipment runs for a
specified time period, often 24 hours, and subsequent laboratory analysis determines the average
pollutant concentration during the measurement time.
State and Local Air Monitoring Stations (SLAMS)
The SLAMS consist of a network of- 4,000 monitoring stations whose size and
distribution is largely determined by the needs of State and local air pollution control agencies to
meet their respective State implementation plan (SIP) requirements.
National Air Monitoring Stations (NAMS)
The NAMS (1,080 stations) are a subset of the SLAMS network with emphasis being
given to urban and multi-source areas. In effect, they are key sites under SLAMS, with emphasis
on areas of maximum concentrations and high population density.
SpecialPurpose Monitoring Stations TSPMS)
Special Purpose Monitoring Stations provide for special studies needed by the State and
local agencies to support State implementation plans and other air program activities. The SPMS
are not permanently established and, can be adjusted easily to accommodate changing needs and
priorities. The SPMS are used to supplement the fixed monitoring network as circumstances
Appendix G-7
-------
require and resources permit. If the data from SPMS are used for SIP purposes, they must meet
all QA and methodology requirements for SLAMS monitoring.
Photochemical Assessment Monitoring Stations CPAMS')
A PAMS network is required in each ozone nonattainment area that is designated serious,
severe, or extretrie. The required networks will have from two to five sites, depending on the
population of the area. There will be a phase-in period of one site per year starting in 1994. The
ultimate PAMS network could exceed 90 sites at the end of the 5-year phase-in period.
The individual measurements - 1-hour and 24-hour average air pollutant concentrations
~ are submitted to EPA and stored in the Aerometric Information Retrieval System (AIRS)
database. They are called AIRS raw data. In addition, AIRS software creates and stores an
annual summary of the air pollution measurements from each unit of monitoring equipment. The
annual summary includes information such as the highest values reported, the average value, and
the number of values above the NAAQS (health-based threshold levels).
Inter agency Monitoring of Protected Visual Environments (IMPRO VE)
The National Visibility Program established in 1980 requires the protection of visibility
in 156 mandatory federal Class I areas across the county. In 1987, the IMPROVE visibility
network was established as a cooperative effort between EPA, the National Oceanic and
Atmospheric Administration, the National Park Service, the U.S. Forest Service, the Bureau of
Land Management, the U.S. Fish & Wildlife Service, and state governments. The objectives of
the network are to establish current conditions, to track progress toward the national visibility
goal, by documenting long-term trends, and to provide information for determining the types of
pollutants and sources primarily responsible for visibility impairment. Chemical analysis of
aerosol measurements provides ambient concentrations and associated light extinction for PM10,
PM25, sulfates, nitrates, organic and elemental carbon, crustal material, and a number of other
elements. The IMPROVE program has established protocols for aerosol, optical, and
photographic monitoring methods, and these methods are employed at more than 100 sites, most
of which are Class 1 areas. In the calendar year 2000, an additional 80 monitoring sites using the
IMPROVE aerosol monitoring protocol were scheduled for placement.
Acidic Deposition Monitoring Networks
Total atmospheric deposition is determined using both wet and dry deposition
measurements. Wet deposition is the portion dissolved in cloud droplets and is deposited during
rain or other forms of precipitation. Dry deposition is the portion deposited on dry surfaces
during periods of no precipitation as particles or in a gaseous form. Although the term "acid
rain" is widely recognized, the dry deposition portion can range from 20-60 percent of total
deposition. The NADP and CASTNet were developed to monitor wet and dry deposition,
respectively.
Appendix G-8
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The National Atmospheric Deposition Program/National Trends Network (NADP/NTN)
NADP/NTN is a nationwide network of precipitation monitoring sites. The network is a
cooperative effort between many different groups, including the State Agricultural Experiment
Stations, U.S. Geological Survey, U.S. Department of Agriculture, and numerous other
governmental and private entities. The NADP/NTN has grown from 22 stations at the end of
1978, our first year, to over 200 sites spanning the continental United States, Alaska, and Puerto
Rico, and the Virgin Islands. The purpose of the network is to collect data on the chemistry of
precipitation for monitoring of geographical and temporal long-term trends. The precipitation at
each station is collected weekly according to strict clean-handling procedures. It is then sent to
the Central Analytical Laboratory where it is analyzed for hydrogen (acidity as pH), sulfate,
nitrate, ammonium, chloride, and base cations (such as calcium, magnesium, potassium and
sodium). The NADP has also expanded its sampling to two additional networks. The Mercury
Deposition Network (MDN), currently with over 35 sites, was formed in 1995 to collect weekly
samples of precipitation which are analyzed by Frontier Geosciences for total mercury. The
objective of the MDN is to monitor the amount of mercury in precipitation on a regional basis;
information crucial for researchers to understand what is happening to the nation's lakes and
streams. Another network, the Atmospheric Integrated Research Monitoring Network
(AIRMoN), is operated by the National Oceanic and Atmospheric Administration (NOAA) and
was formed for the purpose of studying precipitation chemistry trends with greater temporal
resolution. Precipitation samples are collected daily from a network of nine sites and analyzed
for the same constituents as the NADP/NTN samples.
Clean Air Status and Trends Network fCASTNET)
The CASTNet was primarily designed to measure dry acid deposition. Some monitors
also record rural ozone data as well as the chemical constituents of PM25. Established in 1987,
CASTNET now comprises 79 monitoring stations across the U.S., 74 measuring dry deposition,
19 measuring wet-deposition, 68 measuring O3 and eight measuring aerosols for visibility
assessment. The longest data records are primarily at eastern sites.
CASTNET is considered the nation's primary source for atmospheric data to estimate dry
acidic deposition and to provide data on rural ozone levels. Each dry-deposition station measures
weekly average atmospheric concentrations of sulfate (SO4), nitrate (NO3), ammonium (NH4),
sulfur dioxide (SO2), and nitric acid, hourly concentrations of ambient ozone levels and
meteorological conditions required for calculating dry deposition rates. Dry deposition rates are
calculated using atmospheric concentrations, meteorological data, and information on land use,
vegetation, and surface conditions.
The CASTNET provides atmospheric data on the dry deposition component of total acid
deposition, ground-level ozone and other forms of atmospheric pollution. Used in conjunction
with other national monitoring networks, CASTNET is used to determine the effectiveness of
national emission control programs. The majority of the monitoring stations are operated by
Appendix G-9
-------
EPA's Office of Air and Radiation; however, approximately 20 stations are operated by the
National Park Service in cooperation with EPA.
CASTNET complements the database compiled by NADP. Because of the
interdependence of wet and dry deposition, NADP wet deposition data are collected at or near all
CASTNET sites. Together, these two long-term databases provide the necessary data to estimate
trends and spatial patterns in total atmospheric deposition.
Ozone data collected by CASTNET are complementary to the larger ozone data sets
gathered by the State and Local Air Monitoring Stations (SLAMS) and National Air Monitoring
Stations (NAMS) networks. Most air quality samples at SLAMS/NAMS sites are located in
urban areas, while CASTNET sites are in rural locations. Hourly ozone measurements are taken
at each of the 50 sites operated by EPA. Data from these sites provide information to help
characterize ozone transport issues and ozone exposure levels.
What types of resources are available from EPA for monitoring network design,
installing and operating monitors, and reporting air quality monitoring data?
Resources for Guidance, Measurement Equipment, and Network Design:
» Ambient Monitoring Technology Information Center (www.epa.gov/ttn/amtic/)
(AMTIC) is centered around the exchange of ambient monitoring related information.
Established in 1991 as an electronic Bulletin Board System (BBS), AMTIC has
evolved with changing technology into a page on the World Wide Web (WWW).
AMTIC is operated by EPA's Office of Air Quality Planning and Standards (OAQPS)
through the Monitoring and Quality Assurance Group (MQAG). AMTIC contains
information on all the Reference and Equivalent methods for the Criteria pollutants,
the TO Methods and other noncriteria pollutant methodologies, Federal Regulations
pertaining to ambient monitoring, ambient monitoring QA/QC related information,
information on ambient monitoring related publications, ambient monitoring news
(including the AMTIC Newsletter), field and laboratory studies of interest, and
updates on any new or developing EPA Ambient Air standards.
» The Interagency Monitoring of Protected Visual Environments (IMPROVE)
(http://vista.cira.colostate.edu/improve/Data/GraphicViewer website provides links to
Monitoring Protocol and Information documents such as Quarterly Newsletters and
Standard Operating Procedures as well as Regional Haze Guidance Documents.
Information is also available on IMPROVE data gathering methods and measurement
equipment Modules A, B, C and D. This site also provides an extensive list of
publications, resources and links to Data Analysis (including analysis tools and
algorithms), Gray Literature (unpublished analyses), Visibility and Aerosols Science
and Policy documents. Monitoring Studies focusing on Class I and Urban areas are
also available.
Appendix G-10
-------
» Tribal Air Monitoring Support Center (TAMS) (www4.nau.edu/itep/intro.html) was
created through a partnership with ITEP and me United States Environmental
Protection Agency. Located at the Radiation and Indoor Environments National
Laboratory in Las Vegas, Nevada, the TAMS Center will provide instrument training
and filter weighing services to all interested tribes.
Resources for Air Quality Data:
» The Aerometric Information Retrieval System (AIRS) is EPA's repository of criteria
air pollutant monitoring data since the 1970's. Considerably less data for hazardous
air pollutants have been collected, mostly after 1995. The Monitors segment of
AIRData deals with ambient air quality — the prevailing levels of air pollution in
cities and towns across the United States. Information presented in the Monitors
segment of AIRData comes from the Air Quality Subsystem (AQS) of the AIRS
database (www.epa.gov/ttn/airs/aqs/index.html). EPA updates the AIRS database
every week. Most states submit their air monitoring data monthly, with different
groups of states submitting data during any given week. After the individual
measurements of hourly of daily pollutant concentrations have been stored in the
AIRS database, calendar-year summary values are computed for each air monitor.
Only these summary values are extracted from the AIRS database and presented in
AIRData reports and queries. The individual hourly and daily monitoring values are
not available at this AIRData website. To receive information directly from AIRS,
you need to register for an account on the EPA mainframe computer. For information
about obtaining an account, call l-(800)-334-2405, (919)-514-5232, or call the
National Technical Information Service at (703) 605-6000. :
AIRData provides two ways to access Monitor data: AIRData Monitor Reports and
AIRData Monitor Queries. AIRData Monitor Reports present annual summary data
for criteria pollutants, and descriptive information about the monitoring sites for those
pollutants. This option is preferred for a quick review of the most significant
measures of air quality. The Reports database is updated monthly. AIRData Monitor
Queries present annual summary data for all pollutants in the AIRS/AQS database.
Queries include many more pollutants and data elements than Reports, and they
display values in a more technical format. Queries are intended primarily for
environmental professionals, but the information is available to all, of course. The
interim database used for Queries is updated two to four times per year.
» The Interagency Monitoring of Protected Visual Environments (IMPROVE)
http://vista.cira.colostate.edu/improve/Data/GraphicViewer/ website also offers Data
Resources, Graphical Displays and Publications. Data Resources include metadata,
(state by state information on all IMPROVE monitors, including latitude, longitude,
elevation, sampling equipment, documented equipment/monitoring changes, data
collection start and end dates and sponsor), raw data and data products such as
Annual, Seasonal and Monthly Fine Mass Composition and Light Extinction Budgets,
Appendix G-l 1
-------
aggregated over the period of March 1996 to February 1999 according to Class I
Area. Light Extinction Diurnal Cycles, Annual Fine Mass/Light Extinction Group 10,
50, 90 Trends, raw Aerosol and Optical data, photographs and Monthly Regional
Haze and RH Correction Factors are also available.
The IMPROVE Graphic Viewer allows browsing of interactive Spatial, Temporal,
Variable and Frequency displays using the information from the Data Resources
section. It also includes a report on Long-Term Trends of Fine Mass and its Major
Aerosol Types for 1988-1998.
» The Clean Air Status and Trends Network (CASTNET)
(http://www.epa.gov/castnet/) provides atmospheric data on acid rain (specifically dry
acid deposition), tropospheric (ground-level) ozone and other forms of atmospheric
pollution. A Sampling Matrix, including state and site specific information, provides
details of each CASTNET sampling station. CASTNET Annual Reports (1998 and
1999) may be accessed from this site as well as Data Reports, Charts and Graphs of
hourly, diurnal, geographic and annual assessments of dry acid deposition, ozone and
meteorological parameters.
» The National Atmospheric Deposition Program/National Trends Network
(NADP/NTN) (http://nadp.sws.uiuc.eduA is the longest running national deposition
monitoring network. Many data products are accessible from this website, including
weekly and daily precipitation chemistry data, monthly, seasonal, and annual
precipitation-weighted mean concentrations, annual and seasonal deposition totals,
mercury deposition data, daily precipitation totals, color isopleth maps of j
precipitation concentrations and wet deposition, site photos, maps, and information
and quality assurance data and information. In addition, publications such as
brochures, manuals, committee meeting proceedings, annual program reports, annual
summaries (1997-2000) and quality assurance reports (1996-1999) are available.
Appendix G-12
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•^.'ij&M'-f-;** ~~~>?* ,v
Appendix H
TIP Enforceability Checklist1
This checklist provides general enforceability guidance applicable to all possible
components of a TIP. However, TIPs do not need to contain all of these components. You need
only to refer to those sections that apply to the provisions included in your tribe's TIP.
Enforceability Analysis
Applicability
What sources are being regulated?
What are the criteria for exemptions?
Is the calculation procedure for
exemptions clearly identified?
Where Is the emission inventory of
affected sources listed in the
document?
Is the averaging time(s) used in the
rule different from that.of the ambient
standards?
What are the units of compliance
(pounds VOC per gallon of solids
applied less water, grains per dry
standard cubic foot, etc)?
EPA Requirement
Clearly stated in the rule.
Clearly stated in the rule.
You must include an example calculation or clear
explanation of how to determine exemption.
Allowable and actual emissions in the source
category should be included in your TIP, for
enforcement purposes and determination of any
baselines in the regulation(s).
The averaging and ambient standard times must be
consistent . The averaging time is typically equal to
or shorter than the ambient standard time. Longer
term averaging is available only in limited instances,
provided the ambient standard is not compromised.
Clearly stated in the rule.
1 This appendix is adapted from Regulatory Development Enforceability on
Regulations by Susan E. Bromm, US EPA., no date.
Appendix H-l
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inforceability Analysis
Are there mechanisms for limiting
multiple sources at one facility? Are
they enforceable?
f there is a redesignation will this
;hange your emission limits? If yes,
which ones and how?
EPA Requirement
Explicit description of how overall total facility
emissions are to be determined. VOC equivalency
must be on a "solids applied" basis. Any method
must be independently reproducible. Provision must
be explicit as to whether case-by-case approval is
required. If provision is intended to be generic, then
bubble policy must be met.
Upon the redesignation of your area to attainment,
the Regulation may not allow for self nullification.
Maintenance demonstration required in order to drop
regulation. ,
Compliance Dates
What is your compliance date? What
is the area's attainment date?
Your compliance date Must not be later than
approved (or soon to be approved) date of attainment
unless emission reductions are not necessary for
attainment. In some cases, it will be necessary for
the regulation to specify dates in compliance
schedules. '
Specificity of Conduct
What test method is required?
What is the averaging time in the
compliance test method?
Is a compliance calculation or
evaluation required?
Your Test method must be explicitly stated.
The Averaging time and application of your
emission limit must be explicitly stated.
Your formula, period of compliance, and/or
evaluation method must be explicitly stated.;
Incorporation by Reference
What is your tribe's authority for
rulemaking?
Are the methods/rules incorporated by
reference in the right manner?
Demonstrate the legal mechanism to promulgate and
enforce rules.
Clearly stated in the rule.
Appendix H-2
-------
Enforceability Analysis
Recordkeeping
What records are required to determine
compliance?
In what form or units (Ibs/gal, gr/dscf,
etc.) must the records be kept? On
what time basis?
Does the rule explicitly require the
records to be kept?
Exemptions
What are the allowed exemptions?
Is the criteria for application clear?
Include malfunction provisions.
EPA Requirement
Clearly stated in the rule.
Records to be kept must be consistent with units of
compliance in the performance requirements,
including the applicable time period.
There must be a clear, separately enforceable
provision that requires records to be kept.
All exemptions Must be clearly defined and
distinguishable from what constitutes a violation.
Same as above.
Rule must specify what exceedances may be
excused, how the standard is to be applied, and who
makes the determination.
Appendix H-3
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-------
Appendix I
Procedures for Area Redesignation to Class I
The procedures outlined in this appendix are for tribal governments seeking to have areas
within their jurisdiction that are in attainment of NAAQS redesignated as a Class I attainment
area. Tribes may also seek redesignation for areas other than their reservations. These
procedures are based on requirements set forth in section 164 of the Clean Air Act, 40 CFR
51.166(g) and 40 CFR 52.2l(g), and the Tribal Authority Rule, 63 Federal Register 7254 which
is codified at 40 CFR 49.
The lands within the exterior boundaries of an Indian reservation may be redesignated
only by the appropriate tribal government. Before proposing a redesignation, the tribe needs to
prepare a discussion of the reasons for the proposed redesignation, including a satisfactory
description and analysis of the health, environmental, economic, social, and energy effects of the
proposal.
The tribe is required to hold public hearings on the proposed redesignation in the areas
proposed to be redesignated and in areas that may be affected by the proposed redesignation. At
least 30 days before the hearing, your tribe needs to issue a public notice of the hearing that
includes:
» A prominent advertisement in the area affected announcing the date, time, and place
of the hearing
» Information about the availability of the proposal and discussion document in at least
one location in the area
The tribal government needs to submit a proposal to redesignate to the EPA
Administrator through the appropriate EPA regional office. The tribe also needs to prepare and
retain, for inspection by the EPA Administrator upon request, a record of the hearing that
includes a list of witnesses together with the text of each presentation. Along with the proposal
to redesignate, the tribe must submit to EPA a certification that the hearing was held in
accordance with the requirements of 40 CFR 51.102. If federal lands are included in the
proposed redesignation, the appropriate Federal Land Manager needs written notice and an
opportunity to confer with the tribe regarding the redesignation.
The EPA Administrator will approve or disapprove the proposed redesignation within 90
days of submission. The proposal will be disapproved after notice and opportunity for public
hearing only if it is found that it did not meet the procedural requirements in the EPA regulations
or it was inconsistent with the Clean Air Act's restrictions on area classifications. If the EPA
Administrator disapproves a proposed redesignation, it may be resubmitted after correcting the
deficiencies noted by the Administrator.
Appendix I-1
-------
References:
Section 164 of the CAA; 40 CFR 51.166(g); and 40 CFR 52.2 l(g).
Apptendix 1-2
-------
Appendix! a _
r ~
Regulation Development1
This is a check list of questions to help a tribe in developing an effective rule.
General Considerations »
» What is the problem that needs to be resolved by the rule?
» Are the purpose, intent, and requirements as clear as possible in the actual provisions
of the regulation?
» Is the affected regulated community familiar with the program?
» If the rule will bring a significant number of new facilities into the regulated universe,
how-will they find out that they are subject to the regulation?
Clarity
Clarity promotes compliance. Regulatory language that is clear and concise will help the
regulated community understand its obligations under the regulation.
» Does the rule contain complex language that could be interpreted in more than one
way by parties acting in good faith?
» Are ambiguous terms defined or clarified?
» Does the rule contain inconsistencies or contradictions?
» Is the date the rule goes into effect stated?
» Are all events or activities that must occur prior to the effective date identified?
» Have clarifying tools such as definitions, tables, or flowcharts been used as
appropriate?
Specificity
If regulatory requirements, standards of performance, or decision-making criteria1 are left open to
interpretation, regulated entities and enforcement personnel may be inconsistent in their
implementation and application of the requirements.
» Has non-specific language that may require clarification through guidance or policy
been avoided?
» Are performance standards defined in clear and measurable terms?
» Has the latitude of an inspector's discretion in applying professional judgement been
specified, if applicable?
» Has the regulated community been identified and defined?
» Have the exclusions from the regulation been clearly identified?
Appendix J-l
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Enforcement Practicability
» How will compliance or non-compliance be verified by inspectors or enforcement
personnel?
» What is the potential increase in the size of the regulated universe based on the rule?
» What are the associated implementation and enforcement implications?
» What professional qualifications will be needed to conduct inspections and evaluate
compliance with the rule? :
» How will compliance with the regulation be monitored (field inspections, records
review, facility reports, self-enforcing)?
» Has self-reporting/self-monitoring by the regulated entity been used to the maximum
extent possible?
» Have EPA-approved or standardized test methods been incorporated to ensure data
uniformity and comparability?
» Have analytical methods that can be applied in the field or laboratory been ;
incorporated to the extent feasible?
» If a rule is self-implementing, is it practical to incorporate the requirements into the
permit process? ',
» Does adequate authority exist for entering, inspecting, and sampling at regulated
facilities?
Burden of Proof
» Is it clearly stated whether the burden of proof lies with the tribal authority or; with the
owner/operator?
» Is adequate proof defined?
Notification, Recordkeeping, and Reporting
» Is information that must be recorded and maintained specified?
» Is the period of time for which information must be retained stated?
» Does all information that will be submitted to tribal authorities serve a specific
purpose?
» Is notification required?
» What information should be included in notification?
» Do reporting requirements facilitate review for non-compliance?
Other Programs
» Have you considered the rule's impact on other tribal environmental programs and
offices?
» Could compliance with the rule result in potential cross-media contaminant transfer?
Appendix J -2
-------
» Have other program offices been consulted regarding cross-program compliance
issues?
Enforcement Mechanisms
There are numerous mechanisms that can be employed to evaluate and monitor compliance with
regulations. Think about appropriate tools for compliance monitoring and enforcement as the
regulation is being developed.
» Has independent confirmation of compliance (e.g., by professional engineer) been
considered as a means to add credibility to assessment of technical requirements?
» Have self-certification measures such as verifying data accuracy with EPA-approved
methods, training by certified hazardous materials trainers, or other certifications been
considered?
Endnote
This appendix is adapted from Regulatory Development Enforceability of Regulations by
Susan E. Bromm, US EPA., no date.
Appendix J-3
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TIP Completeness Checklist
This TIP completeness checklist is an example used in Region V.
EPA REGION V
COMPLETENESS REVIEW
A. Regulatory (Administrative Materials)
1. Is the submittal accompanied by a formal letter of submittal from the governor's
designee? yes_ no
The date of submittal is
2. Did the State provide evidence that it has incorporated the revision in the Wisconsin
Administrative Code? yes no
The month of publication in was
The effective date is
Are test methods/rules incorporated by reference correctly?
Has approval been obtained from the state Attorney General?
yes no not applicable
3. Did the State provide evidence that it has the necessary legal authority under State law
to adopt and implement the revision? yes no rule analysis which cites
authorizing statutes submitted? yes no
4. Does the submittal include a copy of the actual regulation or document submitted for
review? yes. no
5. Did the State provide evidence that it followed all of the requirements of its
Administrative Procedures Act in conducting and completing adoption/issuance of the
revision? yes no
6. Did the State provide evidence that Public Notice was given of the revision, including
the date of publication? yes no
7. Did the State provide certification that public hearings were held in accordance with
the information provided in the public notice (notarized SIP Revision Certification)?
yes no
Appendix K-l
-------
8. Does the submittal contain a compilation of public comments and the State's
response? yes no
B. Technical Support
1. Does the submittal identify all regulated pollutants affected by the revision?
yes no
2. Does the submittal identify the designation, status of the attainment plan and
attainment date for the area(s)? yes no: !
3. Does the submittal identify the location and types of affected sources?
yes no i
4. Does the submittal quantify the changes in SIP-allowable emissions and estimate or
quantify the changes in actual emissions from affected sources?
yes no :
5. Has the State demonstrated that the NAAQS/PSD increment/RFP
demonstration/visibility will be protected if the revision is approved and
implemented? yes no ;
5a. For any request to redesignate an area to attainment, has the State submitted a revision
which provides for maintenance of the primary NAAQS fir at keast 10 years? yes—
no not applicable ,
6. Has the State provided modeling information (if necessary) to support the revision?
yes no unnecessary
7. Has the State provided evidence that emission limitations are based on continuous
emission reduction technology? yes no NA—
8. Has the State provided evidence that the revision contains emission limitations, work
practice standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels? yes no
9. Does the submittal contain enforcement/compliance strategies including how
compliance will be determined in practice, and at what frequency? yes_^_ no—
10. Does the submittal contain special economic and technical justifications required by
the USEPA policies, or explain why such justifications are necessary? yes—no—
not applicable
Appendix K-2
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jSr;-
United States Environmental Protection Agency
Office of Air and Radiation
Review of Authorities Available for Tribal Air Program
Financial Assistance Grants
April 19, 2002
73
\.
SFK '' -ssjsa
\
CD
Appendix L-l
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Introduction
When EPA proposed its implementing regulations for §301(d) of the Clean Air Act
(CAA) in August 1994, it recognized that tribes (to an even greater degree than states) would
need financial assistance to support the development and implementation of tribal air programs.
In the preamble to its proposal, EPA discussed at length the various mechanisms available to
tribes for funding their air programs. Since that proposal was published, much has happened to
stimulate interest in air programs in Indian country and many tribes have taken advantage of the
authorities under the CAA and other statutes to begin developing programs.
This document is intended to reiterate the discussion EPA presented on financial
assistance in the proposed rule (40 C.F.R. Parts 9, 35,49, 50 and 81 Indian Tribes: Air Quality
Planning and Management) and provides additional guidance on how these mechanisms might be
used to advance the tribes' objectives in air quality management. However, this document is only a
summary of available grant funds for CAA activities. EPA has developed formal procedures governing
these activities and tribes should consult these procedures (see list at the end of this document) before
they make formal application to EPA for a grant.
Background
As far back as the 1970's, a limited number of tribes were receiving funding from EPA to
support air program development, usually focusing on air monitoring. With the proposal of the
Tribal Authority Rule in 1994, the reaffirmation of the Agency' s Indian policy, and more
aggressive outreach to tribes on the opportunities available to them under the CAA, more tribes
became interested in air quality management. However, the statutory requirements for tribes to
provide a "match" on federal funding remained a significant barrier to tribes seeking funding.
The elimination of the §103 match requirement in 1996 and the promulgation of the Tribal
Authority Rule in 1998 (which reduced the match for §105 for eligible tribes from 40% to 5-
10%) virtually eliminated the financial barriers to tribes with TAS seeking assistance to
implement tribal air programs.
The elimination of these barriers and the aggressive training and outreach to tribes on air
quality management has continued to increase the demand for federal resources to implement
programs. More than one hundred tribes are already operating under CAA grants; many more
have expressed interest in applying for new grants. EPA believes it is appropriate at this time to
clarify in a single source document the various authorities for financial assistance available to
tribes and factors that tribes might consider in choosing among these authorities.
Appendix L-2
-------
Objectives of this overview
The objectives of this document are to:
• Describe the funding authorities available to provide grants for tribes to use to
develop and implement tribal air programs;
« Explain the kinds of activities each of these authorities can fund;
• Promote national consistency on the use of these authorities, while continuing to
respond flexibly to tribal needs; and
• Suggest strategies to tribes for optimizing the use of these authorities to develop and
implement their programs.
National Consistency
Although EPA's Tribal Air Program is rooted in the principles of flexibility and
decentralized management, it is important to make clear that a number of factors in the program
are universally applicable and should be applied nationally.
• Since its first articulation in 1984, EPA's Indian Policy has always been that tribal
governments should be viewed as the primary parties in managing their
environments and should be consulted on any EPA action that affects the tribe.
Tribal consortia are eligible for financial assistance if they meet the requirements
outlined in 40 C.F.R. §35.504. Assistance is subject to the approval/concurrence
of the consortium's member tribes, and eligibility requirements are different under
the authorities for General Assistance Program and CAA § 105.
• Financial assistance has been provided to tribes to begin conducting
environmental assessments and to develop environmental program management
capacity. As tribes develop a better understanding of their air quality problems
and begin to consider the long term implications of managing air quality, they
should become more interested in moving toward a long term commitment to an
air quality management program.
Statutory authorities available
Eligible tribes may seek funding to develop tribal air programs under three separate authorities:
• Indian Environmental General Assistance Program (42 USC §4368b)
Clean Air Act Project funding (CAA § 103(b))
Clean Air Act Program funding (CAA §105)
• Performance Partnership Grants (PL 104-134 and PL 105-65)
Appendix L-3
-------
Each of these provisions offers opportunities and limitations that might affect a tribe's
decision on the appropriate authority to use (in addition to the statutory limitations, tribal grants
are subject to cost allowability limitations set forth in OMB Circular A-87). This document will
attempt to outline those factors that tribes should consider as they look for financial assistance to
develop air programs.
General Assistance Program
1. How can the General Assistance Program be used to undertake the development of
an air quality program?
EPA's General Assistance Grant Program (GAP) provides resources to eligible tribes to
plan, develop, and establish an environmental protection program. This includes building
the administrative, technical, legal, enforcement, communications, and environmental
education and outreach infrastructure.
Planning and development of an environmental protection program may include !
conducting a baseline assessment of environmental degradation for specific media (e.g.,
air, water, etc.). For instance, in developing an air pollution control program, a tribe
could use GAP funds for a baseline assessment of air quality. A tribe could also use GAP
funds for other activities in support of building its air quality program such as completing
an air pollution emissions inventory or setting up an ambient air quality monitoring
network to characterize the air quality of an Indian country area as part of building the
capacity to operate and manage an environmental program. The GAP grant may include
the funds necessary to complete the tasks (staffing, travel, training, etc.) including the
purchase of equipment consistent with EPA's regulations at 40 C.F.R. Parts 31 and 35
and OMB Circular A-87. EPA regional offices should work closely with tribal ,
governments as they develop their GAP grant work plans to incorporate media-specific
activities as appropriate.
2. Are GAP grants competed? '.
Although GAP grants are not formally competed at the national level, the limited
availability of GAP funding requires some Regional Offices to establish competitive
processes for awarding GAP grants. In these cases, the Regional Office may require that
all grant proposals be submitted within a certain time frame so that the work plans can be
evaluated simultaneously. Although it is EPA's goal to be able to award a GAP grant to
every tribe requesting one, it is sometimes necessary to negotiate work plans to reduce the
level of effort and the funding required so that all tribes who apply can receive some.form
of assistance. :
Appendix L-4
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3. Why might a tribe choose the GAP authority rather than a CAA authority?
This funding might be of particular interest to tribes concerned about committing to an air
pollution program infrastructure before they have a complete understanding of the air
quality conditions within Indian country. Including a baseline multi-media assessment of
Indian country in a GAP grant provides an avenue for a tribe to collect the data needed to
make media-specific decisions about media program implementation without taking on
the burden of managing a number of media program grants. For example, a tribe may
have concerns about its aquatic resources and suspect air deposition as a pollution
pathway. It may also be reluctant to take on multiple grants and a large staff just to find
out if there is a problem. In this case, it might be appropriate for the tribe to work with
EPA to develop a GAP work plan that would enable the tribe to build an environmental
protection program that addresses both air and water pollution. A baseline assessment of
both water quality and air quality could be conducted if it is in support of planning,
developing, or establishing such a program.
4. Are there any limitations on a tribe's choosing the GAP authority?
Tribes should be aware that this authority is not appropriate "for the principal purpose of
solving particular problems at particular places," because they are not in support of
planning, developing or establishing an environmental protection program. For instance,
if a tribe has a concern about the transport of air pollution from a specific off-reservation
source and wants to gather data on the impact of that source on its ambient air quality, it
may be more appropriate to use one of the other available CAA grant authorities to
complete the assessment.
Section 103 Authority
1. How can the Clean Air Act §103 authority be used to build tribal air programs?
CAA §103(a) establishes EPA's authority to "conduct, and promote the coordination and
acceleration of, research, investigations, experiments, demonstrations, surveys, and
studies relating to the causes, effects (including health and welfare effects), extent,
prevention, and control of air pollution." CAA § 103(b)(3) authorizes EPA to "make
grants to air pollution control agencies, to other public or nonprofit private agencies,
institutions, and organizations, and to individuals, for [these] purposes." This broad
authority has been used by many tribes to begin work on tribal air programs. Tribes have
used the CAA §103 authority to begin air quality assessments, develop emissions
inventories, and set up air quality monitoring networks to collect data on ambient air
quality. A number of tribes have hired and trained air quality specialists to oversee the
implementation of these activities.
Appendix L-5
-------
2. Are there any limitations on the tribes' use of the §103 authority?
CAA §103 grants are project grants, and it is EPA's policy that these grants will not be
approved for a performance period greater than five years. This limitation should not
constrain tribes interested in assessing air quality and undertaking initial developmental
activities since this kind of activity should generally not take more than five years to
complete. It is also possible for tribes to seek multiple project grants under this authority
as long as no single grant activity extends beyond five years in a single grant's cycle, and
multiple grants are for distinctly different purposes. However, a §103 grant provides no
guarantee of on-going funding beyond the project period.
The authority is not limited to "air pollution control agencies" or "an agency of an Indian
tribe," which would narrow the field of eligibility (as with the 105 authority). As; a
project authority, §103 provides discretion to the Administrator to select those activities
for funding that advance knowledge on the "causes, effects [...], extent, prevention, and
control of air pollution." (CAA §103(a)(l)). Although EPA has established no formal
evaluation and selection criteria for tribes applying for grants under this authority, it may
be necessary to do so as resources become more limited.
Section 105 Authority
1. What is the purpose of CAA §105 grants?
EPA has been providing financial assistance to state pollution control agencies under the
CAA §105 authority since the CAA was first authorized in 1970. The authority,
however, has always limited the extent to which the federal government will fund a CAA
program and required states to provide matching funds. Under the initial authorization,
federal funding was limited to 75% of the total program; that requirement was changed by
the 1990 amendments to limit the federal share of a CAA program to 60%. This authority
provides for "implementing programs for the prevention and control of air pollution or
implementation of national primary and secondary ambient air quality standards." (CAA
§105(a)(l)(A)). The CAA further defines implementation as "any activity related to the
planning, developing, establishing, carrying-out, improving, or maintaining of such
programs." (CAA §105(a)(l)(A)). The authority is further restricted to state and regional
air pollution control agencies as well as agencies of an Indian tribe, which have been
eligible to receive funding under this authority in the same manner as states since the
1990 Clean Air Act amendments. \
Eligible tribes have authority, if they choose to take it on, to develop and implement
federally enforceable CAA programs. In addition, tribes who seek eligibility to receive a
CAA §105 grant under the 40 C.F.R. §35.573(a) are also eligible for a reduced matching
requirement (5% to 10%, depending on the situation). It is important to note that without
the eligibility determination under 40 C.F.R. §49.6, tribes are required to provide a 40%
Appendix L-6
-------
match and the tribes' must expend the same amount of tribal funds^prjecurrent CAA
§105 activities as it expended in the previous year (maintenance of&ffort requirement
CAA §105(c)), with no formal waiver provisions, in order to continue receiving §105
funds each ensuing year. -
Tribes are generally eligible to receive §105 funding for operating ongoing air quality
programs subject to certain limitations. Proposed programs must satisfy the requirements
in 40 C.F.R. §35.511 including:
• Be consistent with 40 C.F.R. Part 31 (requirements involving grants);
• Be consistent with all applicable federal statutes; regulations; circulars; executive
orders; and EPA delegations, approvals, or authorizations;
• Be feasible, considering the applicant's existing circumstances, past performance,
program authority, organization, resources, and procedures (40 C.F.R. part
35.51 l(a)(4)).
A tribe seeking funding under §105 would have to work with the Regional Office to
ensure that these requirements are fulfilled. These requirements are not intended to act as
obstacles, but provide assurance that funding is being used as intended by Congress.
2. Must a tribe address additional requirements to receive the reduced match?
A tribe seeking eligibility to receive a CAA §105 program grant with a reduced match
must apply for eligibility under 40 C.F.R. part 49.6. A tribe must document that:
(1) The applicant is an Indian tribe recognized by the Secretary of the Interior;
(2) The Indian Tribe has a governing body carrying out substantial governmental
duties and functions;
(3) The functions to be exercised by the Indian Tribe pertain to the management
and protection of air resources within the exterior boundaries of the
reservation or other areas within the tribe's jurisdiction; and
(4) The Indian Tribe is reasonably expected to be capable, in the EPA Regional
Administrator's judgment, of carrying out the functions to be exercised in a
manner consistent with the terms and purposes of the Clean Air Act and all
applicable regulations.
If a tribe has already been determined "eligible" under another environmental statute or
under the CAA for another program, it need only identify the prior authorization and
provide the required information which has not been submitted in the previous
application (40 C.F.R. 49.7(a)(8)).
Appendix L-7
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3. May a tribe seek a waiver for the CAA §105 match requirement?
Even with the reduced match, EPA recognizes that the economic circumstances of some
tribes may preclude them from providing this small match. The Agency's regulation at
40 C.F.R. §35.575(a) provides discretion to the Regional Administrator to "increase the
maximum federal share if the Tribe or Intertribal Consortium can demonstrate in writing
that the fiscal circumstances within the Tribe or within the member Tribes of the
Intertribal Consortium are constrained to such an extent that fulfilling the match :
requirement would impose undue hardship." This applies only to tribes found eligible
under 40 C.F.R.49.6.
4. What are the advantages of §105 funding to tribal governments?
The principal advantage to a tribe is some assurance of continued funding in the future.
As indicated above, tribes have access to this authority in two ways, through the statute
itself as an "agency of a tribe" or through the TAS eligibility determination process. The
CAA statute provides that "no application by a State [or a tribe] for a grant under this
section may be disapproved by the Administrator without prior notice and opportunity for
a public hearing in the affected State, and no commitment or obligation of any funds
under any such grant may be revoked or reduced without prior notice and opportunity for
a public hearing in the affected State." (CAA §105(e)).
EPA has provided in its recently promulgated revisions to the grant regulations similar
assurances of continued financial assistance. That provision reads: "The Regional
Administrator will not disapprove an application for, or terminate or annul an award of,
financial assistance under §35.573 without prior notice and opportunity for a public
hearing with the appropriate jurisdiction...." (40 C.F.R. §35.578). Unlike the CAA
§103 authority, which is project oriented and time limited, the §105 authority provides
financial assistance for ongoing programs and will not be terminated without notice and
an opportunity for public hearing. ;
Another advantage for a tribe pursuing a CAA §105 grant is that this kind of financial
assistance can be incorporated into a Performance Partnership Grant.
Performance Partnership Grants (PPGs)
1. What is the role of Performance Partnership Grants?
I
EPA is authorized to award Performance Partnership grants (PPGs) to tribes and tribal
consortia. PPGs enable Tribes and Tribal Consortia to combine funds from more than
one environmental program grant into a single grant with a single budget under :
streamlined administrative requirements (40 C.F.R. §35.530(b)). Environmental program
grant funds eligible for a PPG include the General Assistance Program (GAP) and Clean
Appendix L-8
-------
Air Act §105 funds. CAA §103 grant funds are not available for inclusion in a PPG (see
40 C.F.R. §35.553).
PPGs offer many benefits to tribes. They offer opportunities to strengthen their
partnership with EPA through joint planning and priority setting. They allow tribes to
direct resources to those areas with the highest priority. They allow tribes to link program
activities more effectively with their environmental and public health goals. And, by
consolidating several programs, PPGs reduce the administrative burden of managing
several grants on the tribe. A tribe looking to develop an integrated environmental
management program that includes an air quality protection program might apply for
CAA §105 funding (rather than a CAA §103 grant) in order to be able to include it in a
PPG with funds from other eligible programs.
For tribes eligible for §105 grants that have not established eligibility for Treatment as a
State, PPGs offer an option to receive funding under §105 with a reduced match. The
PPG cost share (match plus maintenance of effort) is the sum of the cost shares required
for all individual program grants included in the PPG, but for funds from programs with a
required cost share of greater than 5%, EPA will only require a 5% cost share. However,
after the first two years, it may be raised to 10%. All tribes eligible for §105 grants may
be eligible for a waiver of the cost share in a PPG (see 40 C.F.R. §35.536). This affords
an additional opportunity for tribes unwilling or unable to apply for a grant as an eligible
tribe under 40 C.F.R. §35.573(a).
Source Documents:
Indian Tribes: Air Quality Planning and Management (40 C.F.R. Part 49)
Environmental Program Grants for Tribes (40 C.F.R. Part 35 subpart B)
Office of Air and Radiation FY2002 National Program Guidance
Office of Air and Radiation FY 2002 Grant Guidance
OMB Circular A-87: Cost Principles for State, Local, and Indian Tribal Governments
OMB Circular A-102: Uniform Administrative Requirements for Grants and Agreements
with State and Local Government. 40 C.F.R. Part 31.
Appendix L-9
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Frequently Asked Questions
1. What are the key differences between the CAA §103 and §105 authorities?
Section 103 authority is a project-oriented grant. Activities under this authority are for
efforts like research, investigations and surveys, and tribes have used §103 grants for
activities associated with setting up air quality programs. These activities include initial
air quality assessments, emission inventories, gathering monitoring data to understand air
quality within Indian country, attending air quality training courses, preparing outreach to
tribal members and becoming involved with local, regional and national planning and
policy efforts. Section 105 grants are program grants provided to tribes to carry out
ongoing air quality programs. The key difference is that ongoing activities like long term
monitoring networks, inspections and enforcement, regulatory development and similar
activities which are part of an ongoing air program should be funded by §105. Another
key difference is that a §105 grant typically requires that a Tribe share some of the cost of
the work plan budget.
2. When should a tribe consider moving from a §103 grant to a §105 grant? Can a
tribe be granted a §103 grant and a §105 grant at the same time?
Tribes typically should move to §105 funding when their research and investigation under
§103 funding enables them to determine that an ongoing air quality program is needed or
desired by the tribe. A number of factors could be important in making this decision, and
a primary factor would likely be the quality of the air within Indian country. Tribes in
areas not meeting national or tribal standards would likely want to carry out a §105
program to address air quality issues both on the reservation and in non-reservation areas
within their jurisdiction. In many cases, a tribe may have good air quality but still be
concerned with impacts from sources outside of Indian country as well as issues such as
long range transport and regional haze. The tribe might wish to maintain some ongoing
air quality expertise and capacity in order to review and comment on permits for sources
affecting their airshed, carry out an outreach program for tribal and neighboring
communities, and participate in local, regional and national planning and policy efforts.
It is possible and not unusual for tribes (and other eligible grantees) to be funded under
both authorities at the same time. In some instances, as a tribal air program develops, the
tribe might choose to fund their ongoing activities under §105 while retaining funding for
project activities under §103 until they are completed. In addition, a tribe being funded
under §105 that wishes to carry out a new project, can apply for §103 funding for that
project while continuing with ongoing §105 activities. These activities can be carried out
concurrently but should be accounted for and reported as separate grants. >
Appendix L-10
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3. How can a tribe meet the match requirement under a §105 grant?
There are three options for meeting the match requirements under §105. The most
common way is to provide 5 or 10% of the grant (if required) from tribal funding sources.
This would often be drawn from a "general" fund maintained by the tribe, but could be
provided from any source of tribal revenue excluding all funds provided to the tribe by
the federal government, with the exception of federal funds specifically allowed by statute
to be used for match. See 40 C.F.R. §31.24(b)(l) (e.g. funds provided under PL 638). A
tribe may also provide a match through "in kind" sources, commonly contributions to the
program from other tribal personnel, or through the provision of office space, supplies or
overhead costs. This type of contribution would need to be supported by documentation
quantifying its value. The third option available to tribes is to demonstrate hardship in
providing match and apply to the Regional Administrator for a waiver. This generally
takes the form of a letter describing to the Regional Administrator how the fiscal situation
of the tribe prohibits the provision of matching funds.
Note that for tribes choosing not to seek TAS eligibility to receive §105 funds under 40
C.F.R. §35.573(a), the statutory requirement to provide a 40% match remains in effect.
However, those tribes without TAS may reduce the match requirement by including the
§105 funds in a PPG.
4. Under what circumstances can the match requirement for §105 grants under 40
C.F.R. §35.575(a) be waived?
Tribes are eligible for a waiver of the 5 or 10% match requirement at the discretion of the
Regional Administrator. A tribe would write to the Regional Administrator and present
information to demonstrate that providing the matching amount would cause the tribe
undue hardship.
5. For a tribe applying for CAA §105 funds as an eligible tribe under 40 C.F.R. §49.6,
how can it meet the "reservation or other areas within the tribe's jurisdiction"
requirement?
To show that the tribe meets the "reservation" requirement, a tribe needs to show "with
clarity and precision the exterior boundaries of the reservation including, for example, a
map and a legal description of the area." 40 C.F.R. §49.7(a)(3). For applications
concerning "other areas within the tribe's jurisdiction," the tribe should include a map or
legal description of the area covered by the application and a statement by the applicant's
legal counsel that describes the basis for the tribe's assertion of authority over that area
for purposes of the grant.
To satisfy the capability requirement, the tribes must be reasonably expected to be
capable of carrying out the functions to be exercised in a manner consistent with the
terms and purposes of the Clean Air Act and all applicable regulations. A tribe should
Appendix L-11
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include a narrative statement describing the capability of the tribe to carry out the
functions to be exercised under the grant. The narrative statement may include a
description of: (1) the Tribe's previous management experience; (2) existing
environmental or public health programs administered by the Tribe; (3) the agency or
office that will carry out the primary functions to be exercised under the grant; and (4) the
technical and administrative capabilities of the staff to administer and manage the
functions to be exercised or a plan which proposes how the tribe will acquire
administrative and technical expertise. EPA recognizes that certain tribes may not have
substantial experience administering environmental programs. A lack of experience will
not preclude a Tribe from demonstrating the required capability. Rather, Tribes should
show that they either have the necessary management and technical skills or submit a plan
detailing steps for acquiring those skills.
6. Are there specific activities that are allowed or not allowed under the authorities for
§103 and §105?
While specific activities are generally decided by the Regional Offices, there areisome
principles required by OMB Circulars that apply to all granting offices. As discussed
earlier, §103 activities should be research and demonstration projects with a distinct
duration and result. As part of a project, a tribe would generally be investigating their air
quality through inventories, assessments and monitoring. In addition, the tribe could be
developing their capacity to operate an air quality program by attending training, and
networking with their peers at local, regional and national meetings and events involving
the discussion and creation of air quality policies such as regional haze planning.
Under the §105 authority, many of these same activities would be allowable, as well as
additional activities such as regulatory development, inspection of sources, major and
minor source permitting, and ongoing monitoring efforts. The principle difference is an
air quality project compared to an ongoing air quality program, and the activities may be
similar, but have a different objective.
Please note that these lists are not inclusive and Regional Offices have some flexibility in
allowing tasks that they find appropriate to be performed under either grant authority.
7. What are the requirements to assure the quality data being developed by tribes?
Many tribal programs are expected to undertake projects or programs which involve the
collection or creation of environmental data, (an example is ambient monitoring). While
there is some flexibility in the Regional offices regarding how this requirement is
implemented, in general, tribes must have an approved quality assurance project plan
(QAPP) to assure the quality of data being collected or created, prior to beginning the part
of the project or program that involves data collection (40 C.F.R. §31.45). An EPA
guidance document is available at http://www.epa.gov/qualitvl/qs-docs/r5-final.pdf, and
the Institute For Tribal Environmental Professionals and Northern Arizona University
offers regular workshops for tribes to learn how to develop these plans.
Appendix L-12
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• —-
8. Can a tribe use federal financial assistance to defend itself in court?
Reimbursement of legal expenses is governed by the cost principles in OMB Circular A-
87. Funds from either §103 or §105 should be used for activities stated and approved as
part of the project workplan. In addition, consistent with the Agency's annual
appropriation act, a chief executive officer of every assistance recipient is required to
certify that none of the federal funds were used to lobby the federal government or in
litigation against the United States unless authorized under existing law.
Appendix L-13
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AIRS-AQS
AILESP
BACT
BACM
CAA
CATC
CEMS
CFR
CHIEF
CMSA
CO
EIIP
EMC
EPA
FIP
GCVTC
HAPs
IPP
LAER
MACT
minor NSR
MSA
NA
NAAQS
NESHAPs
NET
NETI
NO2
NSPS
Acronym List
Aerometric Information Retrieval System - Air Quality System database
(EPA)
American Indian Lands Environmental Support Project (EPA)
Best Available Control Technology
Best Available Control Measures
Clean Air Act
Clean Air Technology Center (EPA)
Continuous Emission Monitoring System
Code of Federal Regulations
Clearinghouse for Inventories and Emissions Factors (EPA)
Consolidated Metropolitan Statistical Area
Carbon Monoxide
Emissions Inventory Improvement Program (EPA)
Emissions Monitoring Center (EPA)
Environmental Protection Agency
Federal Implementation Plan
Grand Canyon Visibility Transport Commission
Hazardous Air Pollutants
Inventory Preparation Plan
Lowest Achievable Emission Rate
'»
Maximum Achievable Control Technology
Minor Source New Source Review
Metropolitan Statistical Area
Nonattainment
National Ambient Air Quality Standards
National Emissions Standards for Hazardous Air Pollutants
National Emissions Trends database (EPA)
National Enforcement Training Institute (EPA)
Nitrogen Dioxide
New Source Performance Standards
Acronym List-
-------
NSR
NTIS
OECA
Pb
PM10
PM2.S
ppm
PSD
QA/QC
RACM
RACT
RFP
SIP
SO2
TAMS
TAR
TIP
VOC
WRAP
New Source Review (for major sources in either attainment or
nonattainment areas)
National Technical Information Service
Office of Enforcement and Compliance Assurance (EPA)
Ozone
Lead •
Particulate Matter with a diameter less than or equal to 10 micrometers
Particulate Matter with a diameter less than or equal to 2.5 micrometers
Parts per million (a unit of measurement) ;
Prevention of Significant Deterioration program (New Source Review for
attainment areas)
Quality Assurance / Quality Control
Reasonably Available Control Measures
Reasonably Available Control Technology
Reasonable Further Progress
State Implementation Plan
Sulfur Dioxide
Tribal Air Monitoring Support Center
Tribal Air Rule |
Tribal Implementation Plan |
Micrograms per cubic meter of air (a unit of measurement)
Volatile Organic Compounds
Western Regional Air Partnership
Acronym List-2
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Glossary
acid deposition - the process by which acidic particles, gases, and precipitation leave the
atmosphere. Although it is more commonly referred to as acid rain, acid deposition has
two components: wet deposition (through snow, rain, and fog) and dry deposition
(through the settling of gases and particles out of the atmosphere).
acid rain - primarily the result of sulfur dioxide (SO2) and nitrogen oxides (NOx) reacting in the
atmosphere with water and returning to earth as rain, fog, or snow. This term is broadly
used to include both wet deposition and dry deposition (through the settling of gases and
particles out of the atmosphere).
Aerometric Information Retrieval System (AIRS-AQS) - a database with easily-retrieved
information on the levels of the criteria pollutants in all areas of the country. The EPA's
procedures for reporting and using data ensure timely and widespread access to accurate
information. The public may browse and obtain reports from AIRS-AQS at
www.epa.gov/airs/.
ambient air - any unconfmed portion of the atmosphere; open air, surrounding air.
area source - any small source of non-natural air pollution that is released over a relatively small
area but which is not classified as a point source. Such sources may include vehicles and
other small engines, small businesses, and household activities.
attainment area - an area considered to have air quality as good as or better than the national
ambient air quality standards as defined by the Clean Air Act. An area may be an
attainment area for one pollutant and a nonattainment area for others.
baseline - the ambient concentration level of a pollutant that exists at the time of the first
application for a PSD permit. The baseline concentration is established for each pollutant
(and relevant averaging time). In areas with a PSD program, ambient air concentration
levels may not exceed the baseline plus an established increment.
Best Available Control Measures (BACM) - a term used to refer to the most effective measures
(according to EPA guidance) for controlling small or dispersed particulates from sources
such as roadway dust, soot and ash from woodstoves and open burning of brush, timber,
grasslands, or trash.
Best Available Control Technology (BACT) - an emission limitation based on the maximum
degree of emission reduction (considering energy, environmental, and economic impacts)
achievable through application of production processes and available methods, systems,
and techniques. BACT does not premit emissions in excess of those allowed under any
applicable CAA provisions. Use of the BACT concept is allowable on a case by case
Glossary-1
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basis for major new or modified emission sources in attainment areas (used under the
Prevention of Significant Deterioration program) and applies to each regulated pollutant.
biogenic source - non-manmade or natural emitter of air pollutants. For example, conifet trees
emit terpenes which are volatile organic compounds, a precursor to ozone.
carbon monoxide (CO) - a colorless, odorless, poisonous gas produced by incomplete fossil fuel
combustion. CO is a criteria pollutant regulated under NAAQS.
Class I, II, and III attainment areas - classifications of attainment/unclassifiable areas established
in the CAA. Class I areas are held to the strictest air pollution standards; Class III areas
allow for the greatest amount of emissions of criteria pollutants. "Federal Class I" areas
are the Class I areas created in the CAA: national wilderness areas and national memorial
parks greater than 5,000 acres, national parks greater than 6,000 acres, and international
parks. Additional areas have since been reclassified as Class I areas. Class II areas
initially were all those areas that were in attainment or unclassifiable that were not
established as Class I areas. Class II areas can be redesignated as Class I or Class III
areas.
Clean Air Act (CAA) - the basis of U.S. clean air programs. The original CAA passed in 1970
and was amended in 1977 and 1990. It is comprised of nine sections or Titles that cover,
in order, the National Ambient Air Quality Standards, mobile sources, hazardous air
pollutants, acid-deposition control, stationary source operating permits, stratospheric
ozone and global climate protection, enforcement, miscellaneous provisions, and clean air
research.
continuous emission monitoring systems (GEMS) - the total equipment necessary for |
determining the gas or particulate matter concentration or emission rate using pollutant
analyzer measurements and a conversion equation, graph, or computer program to
produce results in units of the applicable emission limitation or standard. CEMS are
required under some of the EPA regulations for either continual compliance
determination or determination of exceedances of the standards.
Code of Federal Regulations (CFR) - a codification of the general and permanent rules published
in the Federal Register by the executive departments and agencies of the federal
government. The CFR is divided into 50 titles which represent broad areas subject to
Federal regulation. Title 40 consists of regulations related to protection of the
environment. The CFR is available online at www.access.gpo.gov/nara/cfr/index.html.
Clearinghouse for Inventories and Emissions Factors (CHIEF) - an on-line resource
(www.epa.gov/ttn/chief/) with information on emissions factors, emissions inventories,
and emissions estimation software.
contingency measures - the part of an attainment strategy that provides extra emission reductions
if your basic control strategy fails to achieve reasonable further progress or fails;to attain
Glossary-2
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the primary NAAQS on schedule. Contingency measures should afttomplish about one
year's worth of progress toward meeting the NAAQS or an additional"20 to 25% of the
emissions being reduced. r
criteria pollutants - pollutants known to be hazardous to human health for which the 1970
amendments to the Clean Air Act required EPA to set National Ambient Air Quality
Standards (NAAQS). EPA has identified and set standards to protect human health and
welfare for six pollutants: ozone (O3), carbon monoxide (CO), total suspended
particulates (also known as particulate matter or PM), sulfur dioxide (SO2), lead (Pb), and
nitrogen dioxide(NO2). The term, "criteria pollutants," derives from the requirement that
EPA must describe the characteristics and potential health and welfare effects of these
pollutants. It is on the basis of these criteria that standards are set or revised.
design value - the ratio of current pollutant concentration to the National Ambient Air Quality
Standards (NAAQS). A design value greater than one indicates the area is in violation of
the NAAQS for that pollutant.
eligible tribe - a tribe that has received a determination of eligibility to run CAA programs
(formerly known as "treatment in the same manner as a state"). To become eligible, your
tribe must demonstrate federal recognition, have a governing body carrying out
substantial governmental duties and powers, provide evidence it will perform functions
pertaining to the management and protection of air resources within its jurisdiction, and
demonstrate the capability to implement the programs for which it is seeking approval.
emission - pollution discharged into the atmosphere from smokestack, other vents, and surface
areas of commercial or industrial facilities; from residences; and from motor vehicle,
locomotive, or aircraft exhausts.
emissions factor - a ratio that relates emissions of a pollutant to an activity level at a plant that
can be easily measured, such as the amount of material processed or an amount of fuel
consumed. Given an emissions factor and a known activity level, multiplication yields an
estimate of emissions.
emissions inventory - a listing, by source, of the amount of air pollutants discharged into the
atmosphere of a geographic area.
Emissions Inventory Improvement Program (EIIP) - a jointly sponsored effort of the State and
Territorial Air Pollution Program Administrators/Association of Local Air Pollution
Control Officials and EPA. The goal of EIIP is to provide cost-effective, reliable
inventories by improving the quality of emissions information and developing systems for
collecting, calculating, and reporting emissions data. The primary guidance on inventory
development is summarized in the EIIP Document Series, Volumes I-X, accessible
through the EIIP website (www.epa.gov/ttn/chief/eiip/).
Glossary-3
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emission standard - the maximum amount of air polluting discharge legally allowed from a single
source, mobile or stationary.
emissions trading - EPA policy that allows a plant complex with several facilities to decrease
pollution from some facilities while increasing it from others, so long as total results are
equal to or better than previous limits. Facilities where this is done are treated as if they
exist in a bubble in which total emissions are averaged out. Complexes that reduce
emissions substantially may "bank" their "credits" or sell them to other industries.
enforcement - EPA, state, tribal, or local legal actions to obtain compliance with environmental
laws, rules, regulations, or agreements and/or obtain penalties or criminal sanctipns for
violations. Enforcement proceedings may vary, depending on the requirements of
different environmental laws and related implementing regulations. ;
Federal Implementation Plan (FIP) - under current law, a federally implemented plan to achieve
attainment of air quality standards, used when a state or a tribe is unable to develop an
adequate plan.
federal land manager - with respect to any lands owned by the government of the United States,
the Secretary of the department with authority over such lands. Four agencies administer
the majority of this land: the Forest Service (in the Department of Agriculture), the
Bureau of Land Management, the Fish and Wildlife Service, and the National Park
Service (in the Department of the Interior). Management authority may be delegated to
regional or local officials, such as the Regional Forester or the individual Forest
Supervisor for Forest Service lands.
fugitive emissions - sources of emissions that do not come from an exhaust stack or vent and are
not collected or controlled. Fugitive emissions may escape from buildings or come from
unconfmed activities such as outdoor materials storage piles swept by wind and-surface
mining activities.
geogenic sources - natural sources that create pollution, such as oil and natural gas seeps which
emit ozone precursors (VOCs and NOX), volanoes which emit PM and SO2, and wind that
blows dust from natural areas, creating PM.
Grand Canyon Visibility Transport Commission (GCVTC)- a regional planning group that
developed a strategy for dealing with visibility impacts in the national parks and
wilderness areas on the Colorado Plateau. The GCVTC was comprised of tribal, state,
and federal representatives. Once the GCVTC made its recommendations, the Western
Regional Air Partnership (WRAP) was formed to implement them.
Hazardous Air Pollutants (HAPs) - 188 air pollutants that are not covered by ambient air quality
standards, but which, as defined in Title III of the Clean Air Act, may reasonably be
expected to cause or contribute to irreversible illness or death. Such pollutants include
Glossary-4
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asbestos, beryllium, mercury, benzene, coke oven emissions, radionuclides, and vinyl
chloride.
increment - the maximum allowable increase in concentration that is allowed to occur above a
baseline concentration for a pollutant in areas with a PSD program. Class I areas have the
smallest increments and thus allow only a small degree of air quality deterioration. Class
III areas have the largest increments and therefore allow for a larger amount of
development than either Class I. or Class II areas.
inventory preparation plan (IPP) - a concise, prescriptive document that states exactly how you
intend to develop and present your inventory. The IPP should include inventory
objectives and general procedures, and should clearly describe how you will present and
document the inventory for submission to EPA and/or others.
knowing violation - a violation in which the responsible party is aware of an environmental
regulation, yet still takes an action that causes the regulation to be violated.
lead (Pb) - a heavy metal that is hazardous to health if breathed or swallowed. Its use in gasoline,
paints, and plumbing compounds has been sharply restricted or eliminated by federal laws
and regulations. Lead is a criteria pollutant regulated under NAAQS.
Lowest Achievable Emission Rate (LAER) - under the Clean Air Act, the rate of emissions that
reflects (a) the most stringent emission limitation in the implementation plan of any state
for such source unless the owner or operator demonstrates such limitations are not
achievable; or (b) the most stringent emissions limitation achieved in practice, whichever
is more stringent. A proposed new or modified source may not emit pollutants in excess
of existing new source standards. LAER is usually required in nonattainment areas under
the New Source Review program.
major modification - any physical change in or change in the method of operation of a major
stationary source that would result in a significant net emissions increase of any pollutant
subject to regulation under the CAA. See 40 CFR51.165(a)(l)(v)(A).
major stationary source - a source that emits, or has the potential to emit, 100 tons per year or
more of any pollutant subject to regulation under the CAA. See 40 CFR
minor stationary sources - any stationary source of air pollutants that does not meet the definition
of a major stationary source.
mobile source - any non-stationary source of air pollution such as cars, trucks, motorcycles,
buses, airplanes, and locomotives.
Glossary-5
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minor New Source Review (minor NSR) program - applies in both attainment and i
nonattainment areas to smaller new facilities and expanding facilities that are not large
enough to qualify as major new sources or major modifications.
National Ambient Air Quality Standards (NAAQS) - national standards for pollutants considered
harmful to public health and the environment. The Clean Air Act requires EPA to set
NAAQS and established two types of national air quality standards. Primary standards
set limits to protect public health, including the health of "sensitive" populations such as
asthmatics, children, and the elderly. Secondary standards set limits to protect public
welfare, including protection against decreased visibility, damage to animals, crops,
vegetation, and buildings. The EPA Office of Air Quality Planning and Standards
(OAQPS) has set NAAQS for six principal pollutants, which are called "criteria"
pollutants: ozone, carbon monoxide, total suspended particulates (also known as
particulate matter), sulfur dioxide, lead, and nitrogen dioxide.
National Emissions Standards for Hazardous Air Pollutants (NESHAPs) - emissions standards
set by EPA for an air pollutant not covered by the National Ambient Air Quality
Standards (NAAQS) that may cause an increase in fatalities or in serious, irreversible, or
incapacitating illness.
New Source Performance Standards (NSPS) - uniform national EPA air emission and water
effluent standards which limit the amount of pollution allowed from new sources or from
modified existing sources.
National Emissions Trends (NET) Database - a national database that blends state and locally
supplied data with EPA derived data to form a comprehensive national inventory of
criteria and toxic pollutants. The NET inventory does not necessarily include state data
for any particular source or pollutant. However, in the 1996 NET inventory, EPA intends
to provide statewide emissions inventory data on a county level basis to every state in the
county. The NET is accessible at www.epa.gov/ttn/chief/net/index.
new source - any stationary source built or modified after publication of final or proposed
regulations that prescribe a given standard of performance.
New Source Review (NSR) preconstruction permitting program - requires all new major sources
or existing sources with major modifications in both nonattainment areas and attainment
areas to obtain preconstruction permits. The nonattainment NSR and the Prevention of
Significant Deterioration (PSD) programs, collectively known as major NSR, are federal
regulations under the CAA. The programs focus primarily on the criteria pollutants
regulated by the NAAQS. See also "minor New Source Review," "nonattainment New
Source Review," and "Prevention of Significant Deterioration." ;
nitrogen dioxide (NO2) - the result of nitric acid combining with oxygen in the atmosphere;
major component of photochemical smog; a criteria pollutant regulated under NAAQS.
Glossary-6
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noriattainment area - an area that does not meet one or more of the National Ambient Air Quality
Standards for the criteria pollutants designated in the Clean Air Act.
noncriteria pollutant - an air pollutant other than one of the six criteria pollutants [ozone (O3),
carbon monoxide (CO), particulate matter (PM), sulfur dioxide (SO2), lead (Pb), and
nitrogen dioxide(NO2)].
nitrogen oxide (NOx) - a product of combustion from transportation and stationary sources and a
major contributor to the formation of ozone in the troposphere and to acid deposition.
nonattainment New Source Review (nonattainment NSR) preconstruction permitting program -
in areas where air quality is worse than the NAAQS, this program prevents increases in
emissions from major new sources and major modifications of existing sources and thus
ensures progress toward meeting the standards. To obtain a permit under NSR, a facility
must install control equipment ensuring the Lowest Achievable Emission Rate (LAER)
and obtain emission "offsets" or reductions from other sources equal to the increased
pollutant emissions.
offsets - emissions reductions obtained from existing source(s) by a prospective major new
stationary source, or a source planning major modifications, in order to offset the increase
in pollutant emissions caused by the new or modified source (thereby creating no net
increase in emissions). Offsets are generally secured from other sources in the vicinity of
the new source or modification. However, in the case of modifications, offsets can also
be obtained, with limitations, from the source itself.
opacity - the amount of light obscured by particulate pollution in the air; clear window glass has
zero opacity, a brink wall is 100 percent opaque. Opacity is an indicator of changes is
performance of particulate control systems.
ozone (O3) - found in two layers of the atmosphere, the stratosphere and the troposphere. In the
stratosphere (the atmospheric layer 7 to 10 miles or more above the earth's surface),
ozone is a natural form of oxygen that provides a protective layer shielding the earth from
ultraviolet radiation. In the troposphere (the layer extending up 7 to 10 miles from the
earth's surface), ozone is major component of smog. It can seriously impair the
respiratory system and is one of the most widespread of all the criteria pollutants for
which the Clean Air Act required EPA to set standards. Ozone in the troposphere is
produced through complex chemical reactions of nitrogen oxides, which are among the
primary pollutants emitted by combustion sources; hydrocarbons, released into the
atmosphere through the combustion and processing of petroleum products; and sunlight.
particulates - fine liquid or dust particles such as dust, smoke, mist, fumes, or smog, found in air
or emissions; particulate matter is a criteria pollutant regulated under NAAQS.
Glossary-7
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permit - an authorization, license, or equivalent control document issued by EPA or an approved
state or tribal agency to implement the requirements of an environmental regulation; e.g.,
a permit to operate a wastewater treatment plant or to operate a facility that may generate
emissions. ,
particulate matter (PM) - (1) PM10 - a standard for measuring the amount of solid or liquid
matter suspending in the atmosphere, i.e., the amount of particulate matter over lO
micrometers (/^m ) in diameter; smaller PM10 particles penetrate to the deeper portions of
the lung, affecting sensitive populations groups.such as children and individuals with
respiratory ailments. (2) PM25 - particulate matter greater than or equal to 2.5 //in in
diameter. PM is a criteria pollutant regulated under NAAQS.
point source - a stationary location or fixed facility from which pollutants are discharged; any
single identifiable source of pollution, e.g., a pipe, ditch, ship, ore pit, factory
smokestack. :
potential to emit - emission estimates for a source based on the maximum capacity of that
source, taking into consideration enforceable permit conditions, such as the type of
materials combusted, the type of materials processed, and the annual hours of operation.
precursor - a substance from which another substance is formed; ozone precursors, such as NO2
and VOC, react in sunlight to form ozone.
Prevention of Significant Deterioration preconstruction permitting program (PSD) - an EPA
program in which state, tribal, and/or federal permits are required in order to restrict
emissions from new or modified sources in places where air quality already meets or
exceeds primary and secondary ambient air quality standards.
public comment period - the time allowed for the public to express its views and concerns
regarding an action by the EPA or other regulating authority (e.g,. a Federal Register
notice of proposed rule-making or a public notice of a draft permit).
quality assurance/quality control (QA/QC) - a system of procedures, checks, audits, and
corrective actions to ensure that all EPA research design and performance, environmental
monitoring and sampling, and other technical and reporting activities are of the highest
achievable quality.
reasonably available control measures (RACM) - a broadly defined term referring to
technological and other measures for pollution control.
reasonably available control technology (RACT) - control technology that is both reasonably
available, and both technologically and economically feasible. RACT is usually applied
to existing sources in nonattainment areas; in most cases it is less stringent than new
source performance standards.
Glossary-8
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reasonably severable - means that the TIP elements selected for the TIP m|st^be able to stand
alone and meet applicable CAA and regulatory requirements ,&" ._
source - any activity that causes pollutants to be emitted into the air. A stationary source is a
fixed-site producer of pollution, such as power plants, industrial facilities, and gas
stations. A mobile source is any non-stationary source of air pollution such as cars,
trucks, motorcycles, buses, airplanes, and locomotives. A major source is one that emits,
or has the potential to emit, pollutants over a major source threshold.
A minor source is any source which emits less pollutants than the major source threshold.
State Implementation Plan (SIP) - EPA approved state plans for the establishment, regulation,
and enforcement of air pollution standards. A detailed description of the programs a state
will use to carry out its responsibilities under the Clean Air Act. Collections of
regulations used by the state to reduce air pollution.
sulfur dioxide (SO2) - a pungent, colorless, gaseous pollutant formed primarily by the combustion
of fossil fuels.
stationary source - a fixed-site producer of pollution, such as power plants, industrial facilities,
and gas stations.
synthetic minor - a source with major source potential to emit that agrees to enforceable emission
limits below the major source threshold. Synthetic minor provisions can be included in
minor New Source Review programs.
tribal air program - a program that incorporates technical, administrative, and outreach elements
to address air quality concerns on a reservation or other area under a tribe's jurisdiction.
Technical elements in a tribal air program may include identifying emission sources,
establishing and maintaining an emissions inventory, collecting meteorological data,
monitoring air quality, rule-making, and enforcing rules.
Tribal Authority Rule (TAR) - The TAR identifies eligibility criteria for tribes seeking to
implement CAA programs and defines the process for EPA approval of tribal CAA
programs. The TAR was issued on February 12, 1998 (63 Federal Register 7254) and the
regulatory provisions codified at 40 CFR Section 49.
Tribal Implementation Plan (TIP) - a practical and enforceable plan, the primary purpose of
which is to ensure that the National Ambient Air Quality Standards (NAAQS) are not
violated. Tribes may choose to develop TIPs, whereas states are required to develop state
implementation plans (SIPs). The EPA may develop and implement a federal
implementation plan (FIP), where necessary or appropriate, for areas of Indian Country
where the tribe is unable to or chooses not to develop an implementation plan that meets
EPA approval.
Glossary-9
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volatile organic compounds (VOCs) - any organic compound that participates in atmospheric
photochemical reactions, except those designated by EPA as having negligible
photochemical activity. Atmospheric photochemical reactions can transform VOCs into
ozone. :
Western Regional Air Partnership (WRAP) - the organization created to implement the Grand
Canyon Visibility Transport Commission's (GCVTC) recommendations for dealing with
visibility impacts in the national parks and wilderness areas on the Colorado Plateau.
The WRAP'S goal is to "promote and monitor the implementation of the
recommendations from the GCVTC and, with the concurrence of its members, engage in
other common regional air quality issues." The members of WRAP include governors
from western states, western tribal leaders, and representatives of the Departments of
Agriculture and Interior, and EPA.
Glossary-10
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TECHNICAL REPORT DATA
(Please read Instructions on reverse before completing)
1. REPORT NO.
EPA-452/R-02-010
3. RECIPIENT'S ACCESSION NO.
4. TITLE AND SUBTITLE
Developing a Tribal Implementation Plan
5. REPORT DATE
October 2002
(date of issue)
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
Rebecca Battye, Darcie Smith and Stephanie J. Walsh
8. PERFORMING ORGANIZATION REPORT NO.
EC/R Project No. ITP - 106
9. PERFORMING ORGANIZATION NAME AND ADDRESS
EC/R Incorporated
1129 Weaver Dairy Road
Chapel Hill, NC 27514
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68D - 00 - 208
Work Assignment No. 1-6
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Final
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
EPA/200/04
15. SUPPLEMENTARY NOTES
EPA Project Officer: Julie McClintock, Air Quality Strategies and Standards Division
16. ABSTRACT
This document was written to help tribal environmental staff. The Environmental Protection Agency's
Tribal Authority Rule [see 63 Federal Register 7254] says that Indian tribes that meet certain eligibility
requirements can develop implementation plans for national ambient air quality standards (NAAQS). The
EPA has established NAAQS for six air pollutants, particulate matter, ozone, sulfur dioxide, nitrogen
dioxide, carbon monoxide, and lead. The document discusses air quality management in general, the
information and benefits that tribes should consider before developing implementation plans, the elements
of state and tribal implementation plans, the regional haze program, emission inventories, air quality
monitoring, enforcement program considerations, and what should be submitted to EPA with a TIP.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b. IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
National ambient air quality standards
Regional haze
Emission inventory
Monitoring
Enforcement
Air Pollution control
Tribal air programs
18. DISTRIBUTION STATEMENT
Release Unlimited
19. SECURITY CLASS (Report)
Unclassified
21. NO. OF PAGES
100
20. SECURITY CLASS (Page)
Unclassified
22. PRICE
EPA Form 2220-1 (Rev. 4-77) PREVIOUS EDITION IS OBSOLETE
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