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).