TRIBAL CASE STUDY:Tribal Permits

Angela BenedictSRMT Environment Division

Air Quality ProgramSt. Regis Mohawk Tribe

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The Winds: Owera’ shon: a

Let us give thanks to the winds of the earth. From the four directions they come, carrying the rains upon their back,

and bringing change to the weather and the seasons. They deliver our words, and can be gentle as a whisper, or have the power of a hurricane. The winds fill us, and connect us to all life, and are the breath of the ancestors of life. The winds are

the sacred breath of the Creator. Let us acknowledge the winds. So be it in your mind.

Now our minds are as one.

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Outline TIP-Permit Section Environmental Assessments Public Comment Period TIP Permit Review

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Map of Reservation Boundaries and Industries

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Reynolds Before

Reynolds After

General Motors

Domtar

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Section 12 –Permits for Minor Facilities

12.1 Purpose 12.2 Applicability 12.3 Construction Permits 12.4 Operating Permits 12.5 Monitoring, Record Keeping,

Reporting

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12.1 Purpose To regulate the operation and modification

of new and existing stationary sources, area sources and devices in order to achieve and maintain the ambient air quality standards established pursuant to Sect. 109 and 112 of the CAA and section 9 (air quality standards) of this code.

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12.2 Applicability May not start or modify without a permit

from the Air Quality Program Sources that are required to register with

AQP DE Minimis Facilities

Still subject to Sect. 15 Open burning Statement allowing change

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12.3 Construction Permits No person shall cause or allow the

construction or installation of any new minor facility without obtaining a construction permit.

Cannot exceed the NAAQS Air quality modeling Production/process-permit condition

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12.3 Construction Permits (cont.) Exceed the NAAQS-issue permit if

AQP determines RACT will be applied Applicant has demonstrated progress toward

attainment of NAAQS Violation means revocation

No permit until violation resolved Termination of permit

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12.4 Operating Permits No authorization for operation of new or

modified minor facility for more than 60 days without applying for minor permit must notify Air Program 30 days in advance

of undertaking modifications Emission limitations become enforceable

limitations of subsequently issued operating permit

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12.5 Monitoring

Monitoring requirements Type, interval, and frequency of monitoring

activities Representative data Compliance Permittee must keep accurate records Reports of monitoring results to AQP

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12.5 Record Keeping

The permittee shall retain the following items for at least five years Copies of all reports Calibration and maintenance records and all

original strip chart recordings for continuous monitoring instrumentation

Records of the date, exact location, and time of monitoring and testing

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12.5 Reporting

(1) The permit shall require the permittee to submit to the Air Quality Program the reports described in 12.5 (1) to 12.5 (4) by March 1 of each year

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Environmental Assessments

Tradition of Mohawk People to look seven generations

ahead in making decisions that affect community

Review process incorporates Thanksgiving Address and

considers all the things for which we are thankful

One recurring theme of Thanksgiving Address: “Now our

minds are one.” If that theme is considered, we will all

benefit

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Public Comment Period Complete applications

30 Days Avenues for outreach

Website Public repositories Newspaper article

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Permit Application

To date, only one possible permit application has come in to the tribe

Animal incineration Owner came in to discuss

Brought information from manufacturer

Developed permit application with help from other permitting agencies

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What does this all mean? Without even filling out a permit

application, process for acquiring information was a lot of work

Burn permit program utilizes time of two people 1 for inspections 1 for enforcement/compliance

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What does this all mean? (cont.)

Who gets regulated depends on how much they emit—some gas stations

may when others may not

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What does this all mean? (cont.) When accepted, any new source must have

permits through the tribe No construction until AQP has approved

work plan Existing sources don’t need permit

Grandfathered Any modification that increases emissions

must get permit

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SRMT Environment Division

Phone: 518-358-5937

website: www.srmtenv.org