US_EPA OAQPS
Tribal Air News
July 1,2009
Volume?, IssueS
Region V Tribes Awarded
Seventh Generation Initiative Grants
Inside this issue:
Climate Showcase 2
GHG Reporting Rule 3
Proposed
Energy Efficiency Tools 4
Tribal Indoor Air Website 5
Goes Live
Nez Perce Clean Air 6
Excellence Award
Southern Ute May 7
Regulate Minor Sources
Time for N02NAAQS ^
Comment on Interstate 8
Transport Rule
Air Monitoring at Tribal 9
Schools
Calendar 10
1 he way of life for many Indian cultures is centered on the
concept of "seven generations," considering decisions today by the
impact they will have on the seventh generation to come. Like the
Sustainable Skylines Initiative, from which it branches off the
Sustainability for the Seventh Generation Initiative (SGI) provides a
framework to integrate transportation, energy, climate change, land use
and air quality planning programs into projects that yield measurable air
quality benefits in a relatively short period of time. SGI will work with
eligible entities to help develop activities to reduce emissions and
promote sustainability with the goal of cleaner and healthier air. Tribal
participants working with EPA and other partners will endeavor to
increase community participation and leverage resources. The long-
term goal is to help tribes build sustaining, community-based
partnerships that will continue to achieve positive environmental
impacts, livability, cultural preservation, and economic development
benefits for many generations to come.
The Seventh Generation Initiative is starting with pilot grants
to three tribes in Region V:
* Grand Traverse Band of Ottawa and Chippewa Indians
* Mille Lacs Band of Ojibwe
* Leech Lake Band of Ojibwe
We hope to make this
program a national effort next
year. Check back for more
information about what these bands
plan and implement, and how the
program may expand to include
other tribes. A SGI website is in
development, but for information
about the Sustainable Skylines
nitiative, see: www.epa.gov/
sustainableskylines.
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Climate Showcase Communities Program Includes
Funds Set Aside for Tribes
t/PA is announcing the availability of up
to $10 million in "Climate Showcase
Communities" grants for local and tribal
governments to establish and implement climate
change initiatives. EPA requests proposals which
create replicable models of sustainable
community action, generate cost-effective and
persistent greenhouse gas reductions, and
improve the environmental, economic, public
health, or social conditions in a community. The
deadline for the grant is July 22, 2009.
How many grants will be awarded?
The agency expects to award a total of
approximately 30 cooperative agreements rang-
ing from approximately $100,000 to $500,000.
Approximately 5% of the funds ($500,000) are
set-aside for tribal governments. EPA expects to
award 1-3 grants under the tribal set aside.
Who is eligible for the grant pro-
gram?
Eligibility for the program
includes local governments (a
county, municipality, city, town,
township, local public authority,
school district, special district,
intrastate district, council of
governments, any other regional or
interstate government entity, or any
agency or instrumentality of a local
government), federally recognized
Indian tribal governments, and
Inter-tribal consortia.
EPA is seeking
proposals for projects
that will create
replicable models of
sustainable community
action, generate cost-
effective and persistent
greenhouse gas
reductions, and
improve the
environmental,
economic, public
health, and/or social
conditions in a
community.
Are applicants required to provide
matching funds?
Tribal governments and intertribal
consortia are exempt from matching
requirements. Local government applicants
are required to provide a 50% cost-match
or cost-share. The cost share and/or match
can be in the form of cash or as in-kind
contributions, such as use of volunteers
and/or donated time, equipment, exper-
tise, etc.
Who will administer the grant program?
The Grant program is administered by
EPA's Local Climate and Energy Program,
an initiative to assist local and tribal
governments to identify, implement, and
track policies and programs that reduce
greenhouse gas emissions within
their operations and surrounding
communities.
What resources will be available
to grant recipients?
Over the course of the
grant program, EPA will offer peer
exchange, trainings, and technical
support to grant recipients. Each
grant recipient will be profiled
online and in EPA materials. EPA
will share lessons learned from the
grant program with communities
across the nation.
To download the Request for Applications and view Q and A about the grant, please visit:
http://epa.gov/cleanenergy/energy-programs/state-and-local/showcase.html
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Tribal Air News
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Greenhouse Gas Reporting Rule Proposed
The U.S. Environmental Protection Agency
(EPA) has proposed a rule that will require
mandatory reporting of greenhouse gas (GHG)
emissions from large sources in the United States.
This proposed rule was signed by Administrator
Lisa Jackson on March 10, 2009 and published in
the Federal Register on April 10, 2009. The public
comment period closed on June 9. Monitoring and
data collection should start January 1, 2010.
The proposed Mandatory Reporting of
Greenhouse Gases (GHGs) rule would require
annual reporting by suppliers of fossil fuels or
industrial gases, manufacturers of vehicles and
engines, and facilities that emit 25,000 metric
tons or more per year of carbon dioxide
equivalent (CO2e). The compounds for which
emissions would be reported are carbon dioxide
(CO2), methane (CH4), nitrous oxide (N2O),
hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), sulfur hexafluoride (SF6), and other
fluorinated compounds
Purpose of the Rule
The 2008 Consolidated Appropriations Act
instructed EPA to develop a mandatory reporting
program for GHG emissions above appropriate
thresholds in all sectors of the U.S. economy in
order to provide accurate data to inform future
climate change policies. These policies could
include research and development initiatives,
economic incentives, new or expanded voluntary
programs, adaptation strategies, emission
standards, a carbon tax, or a cap and trade
program.
How Could the Rule Affect Tribes?
Tribes would be required to submit an
annual GHG report for any facility they own or
operate that is a type or size to be subject to the
rule. (The owner or operator of any privately-
owned applicable sources located on a reserva-
tion would be required to report as well.) Landfills
and stationary combustion equipment are the
types of tribal facilities most likely to trigger
applicability, but large industrial emission sources
such as cement plants, coal mines, or oil and gas
operations might also be relevant.
The rule would apply to stationary
combustion equipment (all types except for emer-
gency generators and portable equipment) if the
aggregate maximum-rated heat input capacity of
all stationary fuel combustion units at a facility is
30 million British thermal units per hour (mmBtu/
hr) or greater, and the facility emits 25,000 metric
tons of CO26 or more per year from all stationary
fuel combustion sources. It would apply to
landfills if they generate CH4 in amounts equal to
25,000 metric tons of CO2e or more per year. It
would apply to municipal power generation plants
that report to the Acid Rain Program or emit 25,000
metric tons of CO2e or more per year.
How Would the Rule Be Implemented?
Under the proposal, facilities and suppliers
that are subject to the rule would submit emission
data reports directly to EPA in an electronic
format, in order to provide timely data necessary
for policymaking purposes. EPA plans to verify the
data by conducting automated checks for data
completeness, quality, and consistency and by
other means, as well as to make emissions data
available by publishing it yearly. EPA also plans to
develop mechanisms to provide feedback to
reporters as a way of improving the quality of
future data submissions.
To facilitate implementation and
compliance, EPA plans to conduct an active
outreach and technical assistance program,
including consultation with tribal governments, as
needed. Assistance materials may include
compliance guides, brochures, fact sheets, sample
reporting forms, and GHG emission calculation
tools.
For More Information
EPA's web site, www.epa.gov/climatechange/emissions/ghgrulemaking.html. has more information. Access the rulemaking docket
(EPA-HQ OAR-2008-0508) at www.regulations.gov. If questions still remain, call I-877-GHG-I 188.
Volume 7, Issue 3
Page 3
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EPA Provides Assistance for Utilizing Recovery Act Funds
The U.S. EPA has released the first
portion of its Rapid Deployment Energy
Efficiency (RDEE) Toolkit Planning Guide.
which can help tribes and other program
administrators design and implement
effective energy efficiency programs un-
der the American Recovery and Reinvestment
Act (ARRA).
The Planning Guide provides key
nformation on the following 10 energy efficiency
programs, which have proven track records
across residential, commercial, and industrial
sectors:
* Home Performance with ENERGY STAR
* ENERGY STAR Labeled Products
* Residential Efficient Heating and Cooling
* Residential Energy Audit and Direct
Installation
* Non-Residential On-Site Energy Manager
* Non-Residential Prescriptive Rebates
* Non-Residential Retro-commissioning
* Non-Residential Benchmarking and
Performance
* Non-Residential Custom Incentives
* Commercial Food Service Efficiency
The Planning Guide presents
information that can be used to
select and plan for any one of
these programs or for the
development of a portfolio of
these programs. It includes
details on the target audience,
likely near-term penetration
rates, average energy
savings per participant, annual
program costs per participant,
and the number of jobs
created.
EPA has also released Phase I of
the RDEE Toolkit Implementa-
tion Guide. The Implementation
Guide provides information
needed to prepare and imple-
ment RDEE programs, both indi-
vidually and as part of a portfolio of pro-
grams. Phase I covers:
* Program/portfolio benchmarking
* Overview of strategies for customer
targeting and marketing
* Training needs and resources overview
Phase II will be available July 2009, and
covers:
* Marketing strategies and tactics for
each RDEE program
* Examples of and links to specific
trainings
* Templates of and links to RFPs and
proposal evaluation matrices
* Detailed program timelines
* Measurement and verification details
The RDEE Toolkit is a joint effort of EPA and
the US Dept. of Energy, with technical input from the
Leadership Group of the National Action Plan on En-
ergy Efficiency.
To learn more :
For RDEE Toolkit information and to download the
Planning Guide or Implementation Guide visit
www.epa.gov/cleanenergy/energy-
resources/ee toolkit.html
The RDEE Toolkit Help Line is a resource to assist
state, local and tribal governments in deploying
ARRA energy efficiency funding in a successful,
sustainable manner:
866-602-7333 orRDEE@icfi.com
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Tribal Air News
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Irtdopr Air Quality (IAQ1
NEW Tribal Indoor Air Quality Web Site Launched
www.epa.gov/iaqtribal
Connect Learn Take Action
The Tribal IAQ Web site is now live!
This brand new resource is designed to bring
together the community of tribal IAQ
professionals in order to connect, learn and take
action for programs and practices that promote
healthy indoor environments in tribal
communities. This Web site is the place to...
Connect with other tribal environmental
professionals so you can share successful
approaches, materials and information about IAQ
in tribal communities.
* List your program and contact information
in the national Directory and then use it to
find other tribal environmental
professionals located in your area or
across the nation.
* Post your program events and find other
event listings in your area on the national
Events Calendar.
* Share resources made by and for tribal
community members about IAQ and
healthy indoor environments.
Learn about the latest IAQ research, IAQ-
related health issues, such as asthma and
allergies, and how other tribal
IAQ programs have successfully
helped community members
improve indoor environments.
* Read Community
Spotlight features about
tribal IAQ programs using
innovative approaches and
Volume 7, Issue 3
tools and learn how you can adapt their
strategies in your own program.
* Access the latest information about IAQ
and LAQ-related health conditions.
* Discover other tribal IAQ programs'
approaches, materials and tools that can
help you refine your program strategies.
Take Action to improve IAQ in tribal
communities by:
* Posting your events on the Events
Calendar and attending other tribal IAQ
professionals' events in your area.
* Sharing your successful outreach or other
program materials that are specific to
tribal communities and access other
communities' materials to build a library
of information for your community
members.
* List yourself in the Directory of tribal IAQ
professionals and connect with other
Directory members in your area.
Explore and enjoy this new premiere
resource designed specifically
for tribal environmental
professionals! If you have any
questions, comments, or
concerns, email:
IAQTribal@epa.o:ov
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Nez Perce Win Clean Air Excellence Award
On May 13, the Environmental Protection Agency
honored the Nez Perce Tribe's Air Quality Program as one
of 15 recipients of the Clean Air Excellence Award. This
year's award recipients were selected from 125 applicants
from across the United States and represent achievements
in five categories: clean air technology, community action,
education/outreach, regulatory policy innovations, and
outstanding individual achievement.
"Each year, our Clean Air Excellence Award
winners offer amazing new examples of how we keep our
air safe and clean," said EPA Administrator Lisa P.
Jackson. "This year's winners have built on that tradition
of innovation to show what is possible in protecting hu-
man health and the environment."
The Nez Perce Tribe Environmental Restoration
and Waste Management Division's Air Quality (ERWM
AQ) Program is a model program that has developed and
implemented a number of significant innovative air quality
programs that go beyond applicable laws and
regulations. An example of this leadership is the Nez
Perce Tribe's smoke management program. This program
promotes community awareness of air quality concerns in
connection with agricultural, open, and forestry burning.
The Nez Perce Tribe's
smoke management program has
been in place since 2002 in a
voluntary capacity, and has
achieved early compliance through
collaboration. The voluntary nature
of the program allowed the
regulated community to prepare
for the Federal Air Rules for
Reservations (FARR) implementa-
tion in 2005.
The ERWM AQ Program
has continued to provide
leadership in smoke
management and to
collaborate with the EPA, the
State of Idaho, and other
regional stakeholders to revise
policies as necessary.
Agricultural Burning
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Tribal Air News
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Southern Ute Indian Tribe
Nez Perce Win Clean Air Excellence Award
by Katie Burford, Durango Herald Staff
Writer
The Southern Ute Indian Tribe is
considering a plan to regulate minor
sources of air pollution on the
reservation, officials said Thursday.
Sources that could fall into this category
include small compressor engines,
pump-jack engines, electric generating
engines, rock crushers and gas stations.
Excluded would be combustion engines
used for landscaping, heating and air-
conditioning units used for comfort, and
mobile sources, such as vehicles.
The draft program, which would
require designated minor sources to
obtain a permit and could impose emissions
limits and controls, is scheduled to go before the
Tribal Council on Monday.
The plan was discussed in a meeting
between La Plata County commissioners and a
joint tribal-state environmental commission. If
the Tribal Council gives its approval, the
program will go to the joint commission and
later would be available for public review and
comment.
Late last year, the joint commission
approved the tribe's code for regulating major
sources of air pollution within the reservation.
The tribe at the time expressed its intention to
expand the program to include minor sources,
as well.
Reprinted with kind permission.
Time to Comment on NO2 NAAQS Proposal
EPA is in the process of reviewing the NO2 primary (human health-
based) National Ambient Air Quality Standard. The Administrator signed a
proposed rule on June 26, 2009. Comments will be accepted for 60 days
following publication in the Federal Register. A final rule must be signed by
January 22,2010.
The proposal will be available in the Federal Register shortly after
signature (likely some time in early July), as well as posted on EPA's TTN web-
site: www.epa.gov/ttn/naaqs/standards/nox/s nox cr fr.html. The technical documents that support
the proposed rulemaking can also be accessed on the web at
www.epa.gov/ttn/naaqs/standards/nox/s nox index.html.
If you have questions concerning this rulemaking, please contact Scott Jenkins at 919-541-1167
or jenkins.scott@epa.gov.
Volume 7, Issue 3
Page 7
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Opportunity for Tribal Input on
Interstate Transport Rulemaking
EPA is seeking input from stakeholders,
including tribes, in its current efforts to replace the
2004 Clean Air Interstate Rule (CAIR).
Background
The Clean Air Act includes a provision that is
sometimes referred to as the "good neighbor
provision." This provision is an integral part of the
requirements for State Implementation Plans. It
requires that upwind states eliminate emissions that
contribute significantly to non-attainment of air
quality standards, or threaten maintenance of
attainment, for downwind areas. Based on this
authority, EPA published the Clean Air Interstate
Rule (CAIR) in 2005. The CAIR was designed to cap
emissions from electric generating units (EGUs) of
sulfur dioxide (SO2) and nitrogen oxides (NOx) in
the eastern United States. The CAIR planned to
achieve these reductions through three emissions
trading programs: (1) an annual budget trading
program for SO2 for 25 eastern states, (2) an annual
NOx budget trading program for NOx for these
same 25 states, and (3) an ozone season trading
program for a slightly different list of states.
Court Decision
In July 2008, the U.S. Court of Appeals for the
D.C. Circuit overturned the CAIR. The Court
overturned the rule for a number of reasons,
including CAIR inconsistency with the language of
the "good neighbor provision" and that EPA lacked
authority under the Clean Air Act to harmonize
CAIR with the Acid Rain Program. That December,
the Court decided to leave the current CAIR
requirements in place while EPA develops a timely
replacement for the rule.
Current Rulemaking
EPA is in the process of developing policy
options for addressing issues around the Court's
concerns with CAIR. In addition, new air quality
modeling is ongoing to better link upwind states'
emissions with downwind air quality problems.
As we conduct this work, we are gathering
input from various stakeholders. We are
especially interested in: issues surrounding
significant contributions; the role of control costs
in the policy; the use of emissions trading;
possible additional source categories, and;
whether to update the rule for revised air quality
standards. We are also seeking input on whether
and how the revised CAIR requirements can be
integrated with other requirements, such as: the
utility air toxics standards in development; best
available retrofit technology (BART) in the
regional haze program, and; reasonably available
control technology (RACT) for nonattainment
planning.
We will be begin discussions with tribes in
the near future and will work through the OAQPS
Community and Tribal Program Group to assure
ample information for consideration
and opportunity for input.
For ITIOI*e information See the CAIR website: www.epa.gov/cair
You can see the court decision at: http://www.epa.qov/cair/pdfs/05-1244-l 127017.pdf
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Tribal Air News
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EPA's Tribal School Monitoring Initiative
On March 32, EPA announced
monitoring of outdoor air in communities
around 62 schools in 22 states in order to
understand if the air quality poses any
health concerns. EPA is focusing mainly on
areas with large industries or in urban areas
where air toxics come from a variety of
sources. Low income areas are another
focus since they are often
disproportionately affected by pollution
sources.
Data for tribal schools limited EPA's
ability to include them in this first study, but
EPA wants to ensure that areas around
schools in Indian Country are equally
protected.
EPA identified two tribal schools for
monitoring, the Nez Perce Lapwai Middle/
High school and Southern Ute Sunnyside
Elementary School. These schools have
nearby sources which raise potential
concerns.
EPA is paying for equipment and
sample analysis, but tribal air staff will help
to locate the sampling sites. Monitoring will
be conducted every 6 days for 60 days. The
tribal air agency can also collect up to three
additional samples on a random schedule.
EPA will post results on the web
after sample analysis and data quality
assurance is done. EPA needs a full data set
for an accurate assessment of chronic health
concerns, but we should be able to share
the results about tow to three months after
monitoring begins.
Data results will help define next
steps. EPA could continue to monitor at a
school if more data is needed, or we may move to
mitigate the pollutions sources creating any
identified health problems. If initial monitoring
results are inconclusive, monitoring may continue.
EPA will identify additional tribal schools
later. Equipment from the initial monitoring will
be sent to the TAMS center for re-deployment. A
workgroup of tribal staff will develop criteria for
re-deployment of the monitors, while EPA works
with the Regional Tribal Operations Committee
and the National Tribal Operations Committee to
identify interested tribes.
Contact Laura McKelvey at 919.541.5497 if you
have questions on this issue.
This type of equipment may be used for monitoring at
the schools.
Volume 7, Issue 3
Page 9
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US EPA OAQPS
US_EPA OAQPS, C304-03
Research Triangle Park, NC
27711
Phone:919-541-5646
E-mail:
mccullough.melissa@epa.gov
Tribal Air News
Tribal Air News
Tribal Air News is produced by the Environmental Protection
Agency's Office of Air Quality Planning and Standards,
Outreach and Information Division,
Community and Tribal Programs Group.
The newsletter is produced quarterly and is distributed electroni-
cally.
For more information about the newsletter, or to contribute stories
and pictures contact: Laura McKelvey (mckelvey.laura@epa.gov)
Or Melissa McCullough (mccullough.melissa@epa.gov)
We're on the Web!
www.epa.gov/oar/tribal
Mark Your Calendar
ITEP Trainings:
^ July 1-Sept 25. 2009: Air Monitoring Data Management. Online Course
^ July 21-23. 2009: Addressing and Managing Illegal Dumps in Indian Country. Denver. CO
" Aug 18-20. 2009: Media Specific: UST Inspections. St. Paul. MN
» Aug 31-Sept 4. 2009: Tribal NPAP/PEP Audits. TBD
See www4.nau.edu/itep/ for additional information.
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