Leech Lake Permit Review

Brandy ToftAir Quality SpecialistMinor NSR Workshop

Wood Products

Waste incinerator

2

Largest MN Coal EGUWaste EGU

2

3

Wood products

Leech Lake Title V Permits and area sources of Concern

Great Lakes Compression Station

Paper mill

Coal EGU

Area of concern19 Title V’s

Title V facilities of concern to the LLAP 19 clustered Title V facilities of concern

Over 250 area sources within the Reservation Boundaries

How we go about a permit reviewDaunting task – States have multiple engineers-

Tribal Air Professionals are multi functional.

• 1st – read:• The permit notification – 1 page• The technical document – few pages• Peruse permit – 100’s of pages

• 2nd – find a tribal colleague to discuss• 3rd – call the permit engineer for the permit• 4th – chat with other interested parties (FLMs)• 5th – re-connect with tribal colleague• 6th - write comment letter It’s that easy…?

• Takes time to attain a comfort level– Technical terms– Operations and configurations– Differ types of facilities– Rules/ laws/ NAAQS– Industry trickery…

• Research processes, contact others in air field from other agencies– FLMs– Stakeholder groups (Citizen, Enviro, ect)– Tribes

Reviewing – it ain’t easy…but needed

This could be

especially beneficial

for Tribes without

good State relations…

• Most permit engineers are ecstatic that someone is taking interest in their permit

• Don’t be afraid to ask questions or for explanations

• Vampire theory – They have to be invited in…

• Always remember to ask “What question should I have asked?”

Permit Engineer Involvement

• LL Attained TAS in 2007– Currently 4 of 11 have or in process of TAS in MN

• State granted all Tribes in MN “pseudo TAS” for ease of notification of permits

• State established a guidance document – laying out notification process, – timelines for all TV permits,– Tribes indicate areas of interest.

For the Guidance to work we have to work together…

Minnesota Tribal Notification

• Permit engineer contacts the Tribe ASAP in permitting process, well before the public period

• State updates and maintains Tribal contact list and areas of interest quarterly

• Crossed over from air to include water permits and others

• Used as a guidance document for other StatesMinnesota Pollution Control Agency Guidance On Air Quality Permit Consultation with

Indian Tribal Governments

Minnesota Tribal Notification

• With precedence set in MN – wanted equal notification from R5

• Formulated a list for R5 for air, water, mining, permitting and environmental contacts

• Updated every six months

• Have yet to be contacted by EPA for a state permit in review… yet…

MN to Region V EPA

• Looking forward to adding the review of minor sources – see later case study

• Who/how do older sources register?

• How will we be notified of review and comment?

• Do and when do we take on delegation?

• Here, along side you, to learn more and gain more in the tribal network…

TV to Minor Sources

• Attend trainings, conf calls

• Facility tours– Learn the processes and equipment– Make friends/create relationships

• R5 Tribal TV Workshop Feb 1 & 2

• 1/4ly Tribal Mining meetings with the State

• NETWORKING!!!

Get Learned…

Submitting Comments• Comments can be 1 to 10 pages depending on

the permit• Can be both positive and negative• Submit via email• Sign for LL – quicker process

“We don’t want your comments, We want your participation!”

• Get involved early – EIS/EAW– Permit application

• 90% of the permit is done by public comment

• Permit engineers “hate” the 30th day comment

• Permit fast track legislation – get involved early!

Involvement vs. Comments

• Be as specific and concrete as possible

• Provide notations where found, notations of Rule

• Focus on main emission sources, combustion sources– Narrow to main pollutant emitting units and

investigate those for process and emission controls

• Your not going to catch it all… – network and practice!

Commenting

No Comment…No Recourse!

• Comment even if is short, simple – Ensures you are part of the process

• Can appeal permit to State or Federal appeals board ONLY if you commented on the permit!

• Ensure you are appealing to the correct board

Why Comment?

Leech Lake Minor Source Case Study

• Wood products sawmill with kiln• Emitting large particulates, limited opacity• Located within a city on the Reservation in a

residential area on private land• Complaints from

Residents• Work with City Mayor

and residents• School Air Toxics site

Current Minor Source issue…

Know your rights…• Contacted EPA to inspect/find out issue• Didn’t want to assist, tried to forward onto

State• Called up EPA reinforcements, sited TAR, Trust

Responsibility… called off the State• Currently in process of a potentially 3rd CAA

114 letter• Our goal is to bring facility into compliance

and see a permit registration for the facility

• Minnesota State has all permits lumped into one database without a way to query

• MPCA Currently updating system

• Some sources don’t have even State permits

• LL plans to work with the State, Feds, and facility to make a smooth transition and to be fully involved in the process

NSR from State to Federal Permit

Discussion???

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Brandy Toft

Air Quality SpecialistLeech Lake Band of Ojibwe

218-335-7429air@lldrm.org