March i, 2008
6, |ssue i
{^missions jtanaaras \ roposea
Inside this issue:
"Working Effectively 2
with Tribal Govern-
ments" Training
Reporting from the 3
Alaska Training
Lead NAAQS Review 4
on Fast Track
Goodbye to Julie
Hello to Melissa
The EPA has recently been work-
ing towards new standards for several
types of nonroad engines. Emission stan-
dards were proposed for both new and
existing locomotives and marine diesel
engines in February 2007 and will be final-
ized in early 2008.
The locomotive
and marine diesel engine
emission standards will
reduce nitrogen oxides
(NOx), volatile organic
compounds (VOCs)
and diesel particulate
matter (PM). Locomotives and marine
diesel engines meeting the new standards
will emit 90% less diesel PM as compared
to engines meeting the current standard.
Implementation will begin as early as 2008
for existing engines and in 2009 for new
engines.
The EPA also proposed emission
standards for small gasoline engines
(marine spark-ignition engines and small
land-based nonroad spark-ignition en-
gines) in April 2007. These emission stan-
dards are scheduled to be finalized in June
2008. The emission standards, which are
expected to be implemented as early as
2009, will result in significant reductions
in VOCs, NOx and PM. The proposal
noted a reduction of 630,000 tons of
VOCs by the year 2030. This will include
significant reductions in air toxic emis-
-^^^ sions; the proposal esti-
f^\ ^^ mated a 40% reduction in
I * M benzene from small non-
road spark-ignition en-
. gines and marine spark-
ignition engines.
(Contact: jVloIlL) Z^awacki at
zawacki. moll u@epa.gov
The "Virgil" Award 8
Nomination Informa-
tion and Form
OAQPS Tribal Pro- 10
gram Plan
Dates And Websites 10
to Remember
fSfew Bounce preview of/\ir | ollution ^ources
On August 21, 2006 EPA proposed
regulations on the Review of New Sources
and Modifications in Indian Country. This
regulation is a FIP (Federal Implementation
Plan) for two basic air quality regulations for
the protection of communities in Indian
country. The first rule would apply to minor
stationary sources and minor modifications
at major stationary sources in Indian country
(minor New Source Review (NSR) rule).
The second rule would apply to all new ma-
jor stationary sources and major modifica-
tions located in areas of Indian country
that are designated as not attaining the
National Ambient Air Quality Standards
(NAAQS) (nonattainment major NSR
rule).
EPA has initial authority for imple-
menting these programs. Tribes will be
able to develop streamlined, simpler regu-
lations to receive authority under a tribal
implementation plan (TIP). Tribes will also
have the option of receiving delegated au-
thority by agreeing to implement these
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Page 2
Tribal Air News
March I, 2008
j\jew ^ource preview (from page i )
federal rules. EPA will always retain
criminal enforcement authority.
To help identify implementa-
tion issues, there is a tribal work-
group that meets each month. The
work group is currently developing
detailed guidance on how Tribes can
obtain authority for these permitting
programs. This guidance will de-
scribe the process and provide sam-
ple documents for tribal use. This
will make it easier for tribes to re-
ceive authority for these programs,
if a tribe wishes to accept such au-
thority.
(Contact: [\jancLj
maLjer.nancLj@epa.gov
JlLrrectivelq with j rioal (jovernments" ~j~rainmg
On November 28, 2007, OAQPS
had a very successful turnout for a one-
day training session on Working Effec-
tively with Tribal Governments. It was a
great way to cap off American Indian
Heritage Month. This training session
was open to all EPA personnel and had
RTP, Regional and Headquarters partici-
pation.
John Kinchloe, from Meredith
College, opened the session with a flute
prelude, and also discussed the different
types of flutes used, the Indian culture
from which the tune originated and the
purpose of the songs. Jerry Pardilla of
the Penobscot Indian Tribe and the Di-
rector of the National Tribal Environ-
mental Council then led an invocation,
expressing hopes for a better under-
standing of each others culture, and
building stronger environmental relation-
ships between EPA and tribal govern-
ment. Gregory Green, Acting Director
of the Outreach and Information Divi-
sion welcomed all participants and ex-
pressed his expectations for a great
meeting.
Opening topics raised awareness
of tribal issues and history:
Jerry Pardilla led a very interest-
ing discussion about the Indian culture
and how it influences their approach to
environmental work.
Todd Siegal, EPA Attorney for
the Office of General Council, high-
lighted some of the more significant laws,
treaties and policies of the last 200 years.
His discussion provided a good back-
ground for understanding terms like
tribal lands, government-to-government
relations and trust responsibility.
Julia Coates, Assistant Professor
of Native American Studies at the Uni-
versity of California, Davis and a member
of the Cherokee Nation, provided a very
interesting perspective of the history of
Native Americans and their treatment
over the last 200 years. Her discussion
was eye-opening , especially with respect
to the implications of past failures to un-
derstand Indian cultures. Even in cases
where our policies may have been well
intended, failure to understand the cul-
ture has resulted in bad outcomes and
damaged tribal relationships. Many par-
ticipants mentioned that the information
Julia presented had a profound effect on
them.
(Consultation | olicu is
posted on the OAK
Tn'ba! Website at
jov/oar/trib
ro2s.ntml#po i
Jerry ] ardilla, fenobscot Indian
~[~ribe and Director of the
[\jationa
(Council
I riba Environmental
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Tribal Air News
March I, 2008
Page 3
Juiia (^oates,
Nation and (Jniversitu or
(California, Pavis
cfVVOI~kfng ^Iffectivem " "["raining (f
With a good background on Indian
culture and past/current policy, the after-
noon turned to what EPA can do to work
with tribal governments. Ondrea Barber,
Air Program Manager from the Salt River
Indian Community, and Steve Crawford,
Director of the Pleasant Point Passama-
quoddy Tribe provided some background
on their tribes' environmental programs
and their experience, both positive and
negative in working with EPA. Not only
are there issues with the lack of adequate
funding, but also with the method of re-
ceiving funds, such as tribes needing to
compete against other tribes for grant
funds.
rom page
Other issues presented for EPA
staff included simpler considerations, such
as: etiquette for approaching tribal repre-
sentatives and eliciting comments, as well
as understanding the tribal preference for
slower, more deliberate, decision-making.
At times, EPA tends to overlook these
simple but important cultural differences
which can affect outcomes and relation-
ships.
After hearing from some of the
tribal environmental programs, Laura
McKelvey (OAQPS), Group Leader of the
Community and Tribal Programs Group
provided an update on the
OAQPS document entitled, "Consulting
with Indian Tribal Governments." This
document introduces staff and managers
to the basics of government-to-
government consultation with American
Indian governments for OAQPS work.
The Consultation Policy is posted on the
OAR Tribal Website (www.epa.gov/oar/
tribal/ai rprogs.htm l#policy).
The training concluded with a
Questions and Answer panel involving all
previous speakers, plus Stephen Harts-
field, National Tribal Environmental
Council; Annabelle Allison, Institute of
Tribal Environmental Professionals; and
Darrel Harmon, the Office of Air and
Radiation. The panel addressed several
questions from participants which helped
provide a better understanding of tribal
communities and, as government repre-
sentatives, how best to interact with
these communities.
(Contact: \l\cY.&u fL.pps~[ rice at
epps-price.lena@epa.gov
"Imrove and | rotect /-\i
r
The Office of Air Quality Plan-
ning and Standards (OAQPS), along with
the Alaska Department of Environment
and Conservation put on this successful
3 day workshop in Anchorage last No-
vember 6-8. This effort required coor-
dination with staff from OAQPS, Region
10 EPA, ITEP, and environmental staff
from Alaska native villages.
laiitu" j raining |je>d in /AJaska
The participants rated highly the air
quality topics presented, and all contributed
toward the goal of building relationships
with state and Federal agencies to improve
air quality in Alaska native villages.
Participants also appreciated the two
field trips: one to an Anchorage monitoring
station and one to the Anchorage Public
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Page 4
Tribal Air News
March I, 2008
Training (f
rom page
Works Department to learn best practices for
dusty roads, a major source of particulate matter
pollution in Alaska.
The next Air Quality Workshop will be
held in Kansas City, May 6-8 and will focus on the
needs of Region 7 tribes.
Contact: Melissa McCullough, OAQT5 at
mccullougn.melissa@epa.gov
LFA Reviews the Lead N AAQ5
EPA is under a court-ordered
deadline to review the National Ambient
Air Quality Standards (NAAQS) for lead.
The Agency must issue a proposed deci-
sion by May 1, 2008 and a final decision by
September 1, 2008 regarding whether to
revise the standard. Tribes interested in
the outcome of this decision should be
aware of the tight timetable associated
with this rulemaking. Given the short time
period between proposal and final rule, the
comment period may be as short as 30
days.
The current primary and secon-
dary standards of 1.5 (ig/m3, measured as
the maximum quarterly average of lead in
total suspended particulate matter (TSP),
were set in 1978. Since that time, the U.S.
has made tremendous progress in reducing
lead concentrations in the outdoor air.
From 1980 to the present, national average
air concentrations of lead have dropped
nearly 96 percent. Since the late 1970s,
blood lead concentrations for children ages
one to five have dropped significantly, from
an average of about 15 micrograms per
deciliter ((ig/dL) to less than 2 (ig/dL
Much of this improvement is the result
of the phase-out of lead in gasoline.
Only two areas, East Helena, Montana
and Herculaneum, Missouri, remain des-
ignated nonattainment with the lead
NAAQS. The industrial facility contrib-
uting to the lead problem in the East
Helena area closed in 2001.
Nationally, however, lead con-
tinues to be emitted into the air from a
number of sources. The larger industrial
sources of lead emissions currently in-
clude metals processing, particularly pri-
mary and secondary lead smelters.
Other smaller point sources include
combustion sources such as utilities and
boilers. While motor vehicle emissions
have declined dramatically, lead is still
used as a fuel additive in aviation gaso-
line for some general aviation aircraft,
and remains a trace contaminant in gaso-
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Tribal Air News
March I, 2008
Page 5
Lead NAAQ5 (from page ^
line, diesel fuel and lubricating oil. Lead
emissions from motor vehicles may also
result from brake wear, tire wear and loss
of leaded wheel weights, though EPA does
not have estimates of the magnitude of
these emissions in our national inventory.
In this review, EPA is working to
characterize current emissions and air qual-
ity information, and is evaluating the public
health impacts of lead in ambient air to de-
termine whether the current lead NAAQS
need to be revised.
In December 2007, EPA issued an
Advance Notice of Proposed Rulemaking
(ANPR) to invite comment on a
wide variety of issues for the
lead NAAQS to help inform the
Agency's development of a pro-
posed rule (see http://
www.epa.gov/ttn/naaqs/
standards/pb/s pb cr fr.html).
Specifically, the ANPR invited
comment on the available scien-
tific evidence concerning the
health and welfare effects of
lead; current exposures and
health risks; and policy options for address-
ing air-related lead exposures and risks.
The policy options upon which the Agency
invited comment ranged from revoking the
standard entirely, to retaining the current
lead NAAQS, to revising the standards to
levels as low as 0.02 (ig/m3.
EPA received a number of com-
ments, including a detailed letter from the
Agency's Clean Air Scientific Advisory
Committee (CASAC), on the issues raised
in the ANPR. In its letter, CASAC reiter-
ated its earlier advice to the Agency to
strengthen the lead NAAQS to a level no
higher than 0.2 (ig/m3, to shift to a monthly
rather than quarterly averaging time, and
to transition to monitoring lead in PM,0
rather than lead in TSP to enhance the
accuracy and precision of ambient meas-
urements.
Because of the tight court-ordered
schedule for completing this rulemaking ,
we encourage the Tribes to be on the
lookout for the proposal, which will be
posted on EPA's website (www.epa.gov/
air/lead.html ) on or before May 1, 2008
as soon as it is signed by the Administra-
tor. OAQPS will alert tribes via the Tribal
Air listserve once the proposal is available.
EPA is planning two public hear-
ings on the proposal, most likely in mid-
May. Locations and dates for the hearings
will be announced in the Federal Register
and posted on the Agency's website at the
above address as soon as arrangements
are finalized.
We encourage interested Tribes
to testify at the public hearings or to pro-
vide their written comments on the pro-
posal during the public comment period.
Contact: L^eirdre jV|urpriLj at
i *--'
jV|urpri Lj.de irdre@epa.gov
"Trie court-ordered
schedule will like
period as short as :
watch tor the proposa
on or before Vlau
website: www.epa.goy/
and dates tor two
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Page 6
Tribal Air News
March I, 2008
(jooabue to luiie f\/\c(^!intocS<:
^J
In May 2008 I'll leave EPA and complete 8 years
of working with Tribes. So many wonderful, difficult
and gratifying experiences with individuals come to mind
in my years working with Tribes. It was through my in-
teractions with Tribal professionals on key projects
where I learned most about you and the air quality
needs of tribes.
My introductory project was completing
"Developing a Tribal Implementation Plan". In the proc-
ess I learned to take into account Tribal cultural tradi-
tions in our rules, programs and guidance. Next, I vol-
unteered to work with the EPA Regional Tribal Air Co-
ordinators (TACs) to write an "Explanation of Tribal
Authority", to put into plain language what the Tribal
Authority Rule says about tribal air programs - no simple
feat! Assistant Administrator Robert Perciasepe sent
the completed document to all Federally recognized
Tribes.
With encour-
agement from Tom
Helms, the ozone pro-
gram manager now re-
tired, and the blessing
of Laura McKelvey,
EPA's first Tribal Coor-
dinator, I led a team to
develop a special docu-
ment for Tribes for the
8 hour ozone designa-
tions process. This
action was a milestone for EPA because it marked the
first time EPA had attempted to encourage tribes to join
the designations process for a national air quality stan-
dard. When we finished the Tribal guidance, we learned
to our surprise that while many Tribes wanted to par-
ticipate, it was clear we needed to bring the Tribes into
the regulatory development process much earlier. We
learned from the unhappiness expressed by some Tribes
and staff at the newly formed NTAA, and changed our
ideas about our work with Tribes. As a result, EPA
formed a National Tribal Designations Workgroup to
take input during the process. This workgroup met for
3 years giving EPA the opportunity to learn about Tribal
designations concerns, and Tribes a place to learn about
designations. The Workgroup produced two excellent
documents authored by the involved Tribal professionals
and was widely distributed. It described each concern
raised by Tribes and how EPA would attempt to address
them. Tribes and our office still depend on these docu-
ments.
As our relationships with Tribes grew, we con-
tacted Tribes and encouraged them to participate in
public hearings held to take input on the implementation
rule for the 8 hour ozone standard. It was thrilling for
me to see Tribal professionals and their professional or-
ganization, the NTAA, communicate their concerns
about New Source Review and ozone implementation in
these public hearings, and later to our office director by
letter and in face to face meetings. By this time, Tribal
professionals wanted more information about OAQPS
actions and poli-
cies. In collabora-
tion with the
NTAA, we broad-
ened the Designa-
tions Workgroup
calls to include all
current air policies
and rules these
Tribal Air calls go
on to this day.
The last chapter of my tribal work has been the
most fun for me and of value to Tribal air programs. In
thinking about our responsibility to improve air quality in
Indian country, we developed a curriculum for building
relationships with states, even though states, in general,
have no regulatory control over Tribes. By learning how
and when the state regulates problem sources, Tribes
can influence the contents of the State Implementation
Plan, which defines how sources affecting Indian country
are regulated. To date EPA, in coordination with ITEP
and the NTEC, has held five training workshops in Chi-
cago, San Diego,
Tulsa, Seattle and
Anchorage.
These workshops
continue because
of the enthusias-
tic support of the
Tribes and the
financial support
of EPA. A sixth
workshop will be
offered in Kansas
City May 6 - 8, 2008.
To all my friends in Indian country, I've enjoyed
knowing each of you and learning about you and your
lives. At a youthful 68, I turn toward my land preserva-
tion and stream restoration projects, learning the banjo,
and enjoying my family - my husband, children, and 6
grandchildren. Stay in touch.
Mcclintock.julie@mindspring.com
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Tribal Air News
March I, 2008 Page 7
Meiio to M
eissa
I'd like to introduce myself as a new
OAQPS/CTPG person working on tribal
air matters. My name is Melissa McCul-
lough, and I'm a pretty "experienced"
OAQPSer, in that I have been here a
pretty long time - since 1988. I have a
diversity of experience to bring to the
tribal work, including experience in sus-
tainability, community programs for en-
ergy, green building, air toxics, persistent
bioaccumulating toxics and the PSD pro-
gram, among other things.
My education includes a degree in
Psychology, with a minor in Biology, from
the University of the South, in Sewanee,
TN, as well as a Master's of Environmental
Management from what is now the Duke
University Nicholas School of the Environ-
ment in Applied Ecology and Ecotoxicol-
ogy. I worked at the NC Division of
Coastal Management for 5 years before I
came here, on issues of water quality, land
use planning and oceanfront hazards, pri-
marily.
On the personal side, I'm an ISTP
(for you Myers-Briggs fans), i.e. intro-
verted and a big-picture kind of thinker. I
have a quirky sense of humor and a pas-
sion for Sustainability as an approach for
the future. I have two kids, one of whom
is a teenage daughter, should any of you
like to commiserate on that particular ag-
ony of parenting. (American teenage girls
do very badly on ecological footprint sur-
veys!) My son is 20 and majoring in politi-
cal science and art. When I have spare
time I walk my dogs in nearby Duke For-
est, throw pots and do beadwork. I also
moved into a nearly state-of-the-art
"green" house almost a year ago, and have
lots of good things to say about green
building. My biggest shortcoming is my
memory, and I hope you will forgive me
when I forget a name. As I see faces to
go with the names and the disembodied
voices from the calls, I will get better!
As I come into CTPG, I am taking on
an assortment of tribal tasks. I will be do-
ing a lot of coordination-type tasks, such
as participating on various teams, as well
as working on the tribal trainings and this
newsletter. Other tasks I do here in my
new group include being the lead for the
Sustainable Skylines Region III city (to be
selected), participating on the EPA-RTP
Environmental Management Systems team
and leading deployment of our new com-
munity climate and air pollution planning
tool which ICLEI (Local Governments for
Sustainability) is developing for us.
Should you all think of new ways I
might use my expertise and tools for the
benefit of the tribes, please feel free to
drop me an email! You can contact me at
mccullough.melissa @epa.gov.
topics you would like to
would ike to write about,
in future newsletters.
VVe especia
articles iron
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Page 8 Tribal Air News March I, 2008
Nominations for V'rg'i MasaMesva Awards Lyue by [Viarcn /
Nominations are now open for the Virgil Masayesva Tribal Air Programs Excellence
Award. This award is to recognize outstanding contributions by tribal environmental staff, tribal
air programs, or other environmental professionals who have demonstrated leadership in tribal
air programs in support of enhancement and improvement of human health and environmental
protection in Indian country. Nominations are open, including self-nominations.
Tribal environmental professionals, tribal programs, environmental professionals in con-
sortia, universities or other areas who have supported air quality protection in Indian country
are eligible for nomination. TAMS and ITEP staff are not eligible for this award.
Award Categories:
Technical Excellence - Recognition of outstanding technical effort in monitoring, risk assessment, modeling, or other
technical activities.
Demonstrated leadership in use of technology
Demonstrated leadership in developing policies and strategies in technical areas (monitoring strategies, risk as-
sessment approaches, data management etc.)
Support other tribal air programs
Tribal Program Development - Recognition of outstanding efforts in developing TAS, Tribal regulations or codes,
strategic planning and other programmatic activities.
Demonstrate leadership in developing tribal air programs
Development of codes, regulations, TIPs or voluntary programs to address air quality issues in Indian country.
Demonstrate an ability to leverage resources to support tribal air programs
Tribal Program Capacity Building and Communications - Recognition of outstanding efforts to provide training, tools,
communications, and other areas of support and capacity building for tribal air programs.
Demonstrate creativity in developing resources and information to support tribal air programs
Demonstrate an personal investment to providing support and capacity building for tribal air
programs
Timing - Nominations will be reviewed and voted on by the TAMS Steering Committee.
Please send nomination forms and supporting information to Lee Rose at the TAMS Center by
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Tribal Air News March I, 2008 Page 9
Nomination Form
Virgil Masayesva Tribal Air Programs Excellence Award
Nominated by:
Individual or Program nominated:
Date:
Nomination Category: Please check the appropriate category.
Technical Excellence - Recognition of outstanding technical effort in monitoring, risk assessment, modeling, or
other technical activities.
Tribal Program Development - Recognition of outstanding efforts in developing TAS, Tribal regulations or codes,
strategic planning and other programmatic activities.
Tribal Program Capacity Building and Communications - Recognition of outstanding efforts to provide training,
tools, communications, and other areas of support and capacity building for tribal air programs.
Please provide a description of the work / accomplishments of the person / program being nominated for this award.
Send nomination forms to:
Lee Rose, Administrative Assistant, TAMS Center, Phone: 702-784-8264, Fax: 702-784-8264, Email: lee.rose@nau.edu
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OAQTS Develops Tribal program p!an £or 2OO8-2O 1 3
The Office of Air Quality Planning and Standards
(OAQPS) has entered into its tenth year of supporting
Tribal programs. What began as an effort by one staff
person in 1998 has grown into a formal program, with
the formation of a cross-divisional OAQPS Tribal Team,
which seeks to engage with Tribes on various air quality
issues. To help in this effort, the office has just com-
pleted development of the Office of Air Quality Plan-
ning and Standards Tribal Program Plan 2008-
2013. The plan spans a period of 2008 through 201 3,
|J)ates to pvemember
March 6 at 2:00 EST - Next NTAA call
March 7 - Virgil Award nominations are due
May 6-8 - Improve and Protect Air Quality Training
in Kansas City
June 3-5-National Tribal Forum/NTAA Conference
in Las Vegas
July 29-31 - New Source Review Training in
Research Triangle Park
just like the EPA Strategic Plan. This Tribal program plan
focuses on the priorities of the Office of Air and Radia-
tion, OAQPS, and the needs and priorities as expressed
by many of the Tribes. This plan discusses OAQPS'
Tribal mission statement, objectives, and specific activi-
ties OAQPS will conduct to meet these objectives. This
plan will be updated on a bi-annual basis. For more infor-
mation please contact Laura McKelvey at 919-541-5497
or mckelvey.laura@epa.gov. You can also find a copy of
the plan on the OAR Tribal website.
nterest
OAR Tribal Website:
www.epa.gov/oar/tribal/
Environmental Justice website:
www. e pa.gov/air/ej/
Community Programs website:
www.epa.gov/air/community/
I riba /Vr News ls produced by the L_nvirontnenta 1 rotection /Agency's (^)ffice or /\ir (J)ua!ity | lanning and
(^Jutreach and Information jj)ivision, the (Community and | riba Programs (jroup.
T
ne news
etteris produced quarter LJ and is distributed electronically.
ortnore information about the newsletter, or to contribute stories and pictures contact:
j_aura [Vicjve!vei.j: mckelveu.laura@epa.gov
\J)r [Vie!|ssa McC^ullough: mccullough.tne issa@epa.gc
VVe're on the web at: www.epa.gov/oar/triba!
O'
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