Federal Air Rules for Reservations

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Federal Air Rules for Reservations

June 25, 2008 NTCEM Debra Suzuki Office of
Air, Waste and Toxics US EPA Region 10
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Purpose of the FARR

• These rules create basic federally-enforceable
  air quality regulations on the 39 Indian
  reservations in ID, OR, WA in order to protect
  human health and the environment.
• These rules fill the regulatory gap so that
  reservation residents have air quality
  protections similar to what exists outside the
  reservations.

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Who is subject to the FARR?

• The FARR applies to all persons and businesses
  located within the federally-recognized exterior
  boundary of the reservation.

The FARR applies to everyone inside the
federally-recognized exterior boundary (applies
to both fee and trust land).
fee
Tribal trust land outside the boundary the FARR
does not apply unless specifically promulgated
trust
trust
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FARR Rules Industrial Sources

• visible emissions
• particulate matter
• fugitive emissions
• sulfur dioxide
• sulfur in fuel

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FARR Rules General Outdoor Burning Rule

• identifies materials that cannot be burned
• authorizes burn bans to protect air quality

Residential trash burning is now the nations
largest source of dioxin emissions.
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FARR Rules Burn Permits

• Nez Perce and Umatilla Reservations only
  Agricultural, Forestry Open Burning Permits

Photo UC Davis Fire Department
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FARR Rules

• Allows for delegation of the FARR to tribes
• EPA can call air pollution episodes emergencies
• Registration of sources
• Non-Title V operating permits
• Rule for emissions detrimental
• to public health or welfare

Atmospheric haze and air pollutionPhoto Southern
Alliance for Clean Energy
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Identifying the Problem

• 1990 Clean Air Act Amendments
• Tribal Authority Rule
• Federal Operating Permit Rule Hollow Permits
• Interactions with Tribal Air Programs Support
  for EPA Action
• Recognition that State/Local Programs Dont Apply
• Potential Health and Environmental Impacts

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Coming up with an approachto fill the regulatory
gap

• HQ - National Rules
• Tribes - TIPs
• Reservation-specific FIPs
• Regional Rules
• Customizable Set of Regional Rules that Could be
  Applied to Each Reservation to Address Specific
  Issues

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Coming up with an approachto fill the regulatory
gap

• EPA had Preliminary Inventory of Sources
• EPA had an Idea of the Pollutants of Concern
• Needed a Reality Check by Tribes
• Couldnt Address Everything Now Needed to
  Decide on What Sources to Regulate
• Needed to Decide on Stringency of Rules
• Decided on a Level Playing Field Approach

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Collaborating and consulting with Tribes

• Objectives
• Raise Tribal leaders awareness of need for rules
  
• Provide frequent opportunities for Tribal staff
  to receive information provide meaningful input
• Go to where the Tribes are
• Strengthen our partnership with R10 Tribes

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Rule Process Start to Finish

• 1995 Inventory of air pollution sources on
  reservations
• 1999 2000 First consultations with tribes on
  concept and draft rules
• March 15, 2002 Proposed rule published
• Comment period and tribal consultation
• 2004 Implementation planning
• April 8, 2005 Final rule published in Federal
  Register
• June 7, 2005 Rule effective

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Overall Approach to Implementation

• Phase-in implementation over time to extend our
  resources
• delayed effective dates in rule
• partnership agreements with Tribes and others
• Address big sources earlyKeep moving forward
  where we already have programs(ex permitting
  and compliance assurance for industrial sources)

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Overall Approach to Implementation (cont)

• Learn from Tribes, States and Locals Ideas,
  forms, outreach materials, guidance
• Tribal assistance where available (ex complaint
  response)
• New partnerships with fire departments and others

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Implementation Challenges

• Unique role for EPA
• Scope all persons and businesses within 39
  reservations across 3 states covered by the FARR
• Limited Resources
• Resistance in some areas to federal regulation

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Implementation Highlights

• Training provided and outreach materials
  developed and distributed for over 2000
  recipients
• Development of the FARR Hotline
• 1-800-424-4EPA (4372)
• Development of the FARR Website
• www.epa.gov/r10earth/FARR.htm
• Three Delegation Agreements in place (Nez Perce,
  Umatilla, and Quinault) and one in process (Coeur
  dAlene)
• FARR Burn Permit Programs established and permits
  being issued on the Umatilla and Nez Perce
  Reservations

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Implementation Highlights

• Over 100 Sources Registered
• Twelve Burn Bans called in partnership with
  Tribes
• Two Title V Permits issued containing FARR
  requirements
• Nine Non-Title V Permits issued
• Three Notices of Violation issued
• EPA Inspector Credentials issued to Nez Perce
  Tribe Coeur dAlene Tribe
• FARR Penalty Guidelines finalized

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Burn Bans Protect Air Quality
Burn Ban Called
Burn Ban Lifted
Although the air stagnation continued, PM levels
dropped due to burn bans
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Benefits of the FARR

• Protection of air quality and human health
• Tribal capacity building through delegation and
  by helping with rule implementation
• Better information about air pollution sources on
  reservations
• Rules used as a model by Tribes and States
  developing their own rules

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FARR Future

• Evaluate the FARR
• Analysis and Reporting of Registration Data
• Develop additional outreach materials, especially
  on open burning (for schools, for farmers, etc)
• Rule revisions

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Good start but lots to learn!

• Continue to improve communication with
  environmental staff and Tribal Leaders on the
  FARR
• Provide outreach as opportunities come up or as
  invited
• Listen to feedback and improve!

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Contact Information

• Debra Suzuki
• EPA, Region 10
• [phone]suzuki.debra_at_epa.gov