Overview of 

Review of New Source

and Modifications in 

Indian Country 

(Final Tribal NSR Rule

Environmental Protection Agenc

Office of Air Quality Planning and Standa

Air Quality Policy Division

New Source Review (NSR) Group

October 2010
Outline

 Current Status of NSR Program in I

Country

 Purpose of Tribal NSR Rules History of Tribal NSR Rules Overview of Tribal Minor NSR Rule Overview of Tribal Major Nonattainm

NSR Rule

 Overview of Provisions Applicable t

Rules
Current Status of NSR Program

In Indian Country

Area Type

Attainment Nonattain

Nonattain

Source Type

*EPA currently implements PSD rules to permit major sources on T

Major PSD* Nonattain

NSR

Minor Minor NSR

Source Type
Purpose of Tribal NSR Rule

 Fill existing regulatory gap in Indian country 

(approximately 564 federally recognized tribes)

◦ Major NSR Program in nonattainment areas - create

rule

◦ Minor NSR Program in all areas - created by this rul

e

◦ Major NSR Program in attainment areas (PSD) 

- alre

place

 Establish a cost-effective and timely permitting m Attempt to “level the playing field” with surroundi Provide regulatory certainty to sources locating on 

lands
History of Tribal NSR Rules

 Consultation/Outreach Began – June 2002 Proposed Rule Signed/Published - August 2006 Comment Period Closed - March 2007

◦ Extended comment period twice and conducted extensive o

◦ Received 57 comments 

26 tribes15 industry8 citizens7 states1 enviro

◦ Held meetings in 2010 with tribal leaders/environmental pr

to address long gap between proposal and promulgation

 Final Rule Signature - January 2011
Overview of Tribal 

Minor NSR Rule
Tribal Minor NSR Rule

 Rule includes requirements for 

preconstruction review of:

◦ New minor sources◦ Minor modifications at minor sources◦ Minor modifications at major sources◦ Synthetic minor sources (for both NSR 

pollutants and HAPs)

◦ Case-by-case MACT determinations
Tribal Minor NSR Rule Highlig

 Establishes a definition for minor source a

minor modification

◦ Definitions include accounting of fugitive emissio

source is part of the 28 listed source categories

◦ Minor modification definition based on allowable

allowable emissions test not actual emissions te

 Creates minor source thresholds

◦ Minor sources with emissions below thresholds a

subject to the rule

 Promulgates a list of units and activities t

exempted from the rule
Tribal Minor NSR Rule Highlig

(Continued)

 Includes permit requirements such as:

◦ Case-by-case control technology review◦ Air Quality Impact Analyses at the discretion of 

reviewing authority

◦ Emission limitations for each affected emissions 

well as annual allowable emissions limits

◦ Monitoring, recordkeeping and reporting require

 Establishes provisions for three permit typ

◦ Site-specific permits◦ General permits◦ Synthetic minor permits
Tribal Minor NSR Rule Highlig

(Continued)

 Site-specific permits

◦ 180-day limit on permitting process 

 General permits for individual sources 

◦ 135-day limit on permitting process ◦ Various general permits under development: hot mix 

plants, rock crushing facilities, gasoline stations, dry 

 Synthetic minor permits

◦ 1 year limit on permitting process ◦ Rule clarifies the possible mechanisms under which t

permits have been issued to date (e.g., PTE Transitioand the requirements these sources may have to comafter the rule’s effective date
Tribal Minor NSR Rule Highlig

(Continued)

 Delays the effective date of the rule for minor 

by 18 months to facilitate program implemen

 Establishes a registration system for existing 

minor sources and new or modified true minosources to collect data on actual/allowable em

◦ Prior to the effective date of this rule for true minor s

Sources will not be subject to the permitting requirement

have to register 

◦ After the effective date of this rule for true minor sou

Permit application/permit will fulfill the registration requirSources will have to submit estimates of actual emissions 
Overview of Tribal Majo

NA NSR Rule
Tribal Major NA NSR Rule

 Rule includes requirements for preconstru

review of:

◦ New major sources in nonattainment areas◦ Major modifications in nonattainment areas

 Establishes provisions identical to the exis

rules for sources locating in nonattainmenwhere the State does not have an EPA-apnonattainment major NSR program (App. 
Tribal Major NA NSR Rule 

Highlights

 Includes provisions for:

◦ Lowest Achievable Emission Rate (LAER)◦ Offsets◦ Offsets providing a net air quality benefit in the affected ◦ Compliance Certification

 Amends Appendix S to include the alternative sites a

provision in CAA Section 173

 Offset Waivers

Economic Development Zone (EDZ) waiver is currently 

through the Clean Air Act for all sources in or outside 

Appendix S Paragraph IV Option is not being finalized 

◦ Only available temporarily ◦ It will be challenging for the EPA or the tribe to demonstra

proposed source will not interfere with the attainment date
Overview of Provisions 

Applicable to Both Rule
Overview of Provisions Applic

to Both Rules

 Permit Appeals

◦ Rules establish an EAB administrative appeals p

which is employed for all other EPA-issued air prather than a judicial proceeding through Federaof Appeals because it reduces the burden on the appealing party

 Permit Reopenings

◦ Only the reviewing authority can reopen a perm

cause 

◦ Mainly to correct material mistakes or failures to 

compliance with applicable requirements
Appendix
Minor NSR Thresholds

Minor NSR Thresholds

Regulated NSR Pollutant NA Areas (tpy) Attainment A

 Thresholds determine:

a. If new minor source goes through reviewb. If modification at either a major or minor source goes throug

minor source review

 Thresholds are for all regulated pollutants except GHGs

Regulated NSR Pollutant NA Areas (tpy) Attainment A

CO 5 10

SO

2 5 10

NO

x 5* 10

VOC 2*

5

PM-10 1 5

PM-2.5 0.6 3

* 

0 for any major modifications in extreme ozone areas