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Julie McClintock US EPA

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U.S. Environmental Protection Agency, The Institute for Tribal Environmental ... the proposed rule in the Federal Register and maintains a rulemaking docket. ... – PowerPoint PPT presentation

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Title: Julie McClintock US EPA


1
Federal Public Participation Rich
McAllister Assistant Regional Counsel Improve
and Protect Air Quality In AlaskaA Workshop for
Environmental Staff in Native Villages U.S.
Environmental Protection Agency, The Institute
for Tribal Environmental Professionals, and The
Alaska Inter-Tribal Council November 6 - 8, 2007
Ken Cronin NTEC
Julie McClintock US EPA
Glenn Gehring GIS Instructor
2
Opportunities for Public Participation for under
CAA
  • EPA Rulemaking
  • Development and Revisions of State Implementation
    Plans, and EPA approval of SIPs
  • Permits to Individual Pollution Sources.

3
EPA RULEMAKING
  • Examples
  • NAAQs for ozone
  • NAAQs for particulate matter
  • Mercury Rule

4
Public Comment on EPA rules
  • Sec. 307(d) of the CAA establishes the process.
  • EPA publishes the proposed rule in the Federal
    Register and maintains a rulemaking docket.
  • Published notice begins a public comment period
    of at least 30 days, and the public may submit
    written comments to the EPA.
  • Citizens can petition for review of EPA
    rulemaking in the Court of Appeals

5
PARTICIPATION IN THE SIP PROCESS
  • Every SIP and SIP revision must be submitted to
    the EPA for approval after the state has provided
    public notice and held a public hearing on the
    draft of the SIP. Sec. 110(a)(1) of the CAA.
  • Once a SIP or SIP revision has been submitted to
    EPA for approval, EPA will provide public notice
    (usually 30 days) through the Federal Register
    and an opportunity to comment.
  • A citizen can challenge EPAs approval of a SIP
    or SIP revision in the Court of Appeals.

6
Permits
  • All CAA permits require a notice and comment
    period.
  • Generally each state requires at a minimum notice
    by publication in a newspaper and a comment
    period lasting 30 days.
  • Permits issued by ADEC except for outer
    continental shelf or Indian country sources.
  • A citizen can challenge an EPA permit with a
    petition to EPAs Environmental Appeals Board,
    following the procedural regulations in 40 CFR
    Part 124

7
CITIZEN SUITS
  • Section 304 of the CAA provides that citizens can
    directly sue any source of pollution in U.S.
    District Court for
  • - Violating construction permits,
  • - Violating state or national emission stds,
  • - Constructing or proposing to construct a
    major source without a permit.
  • No action allowed 1) prior to 60 days after
    notice, or 2) if diligent prosecution by govt.
  • Citizens can also sue the EPA Administrator for a
    failure to perform an act or duty that is not
    discretionary. CAA 304(a)(2).
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