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OAR Box 1793 

Prepped by Keeia Richards 

Document Number: 

27) ll-F-70 

Docket Number: 

A-90-37 

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Preamble Insert to NSR Reform Proposal on Tetoporary Exclusions 

for National Security Emergencies Staff Draft 11/7/9S 

The DoD has also raised the question of whether part Sl 

should require State1 permitting 'authorities to grant military 

sources temporary exclusions from the /requirement for 

preconstruction review of major modifications in the event of a 

"national security emeirgency." The DoD defines "national 

H^ro-p^ response 

securit y emergency" as a situation where owbremoly qu-al-ek actionis required on the part of a Military Department (e.g.,.,.. ) or a 

DoD Component (e.g., . . ,.) to respond to emergency situation s 

tha t make i t impractical to meet the procedural requirements for 

obtaining a major NSR permit in advance of a major modification 

and the associated increase in emissions. "National securit y 

emergencies" would include situations where United State s forces 

are introduced into hostliiti'e s 6ir peacekeeping operations, other 

situation s where involvement in hostilitie s is indicated,/and 

situation s where U.S.,;fpress are called upon to protec t the 

publi c health or welfare^ -such as responding to release s or 

•

 ;

--. •'••• •-! '.,• .*y2.2r-yr- 2y:ydischarges of oil or'hazardous materials (e.g., in accordance 

with approved Spill Prevention and Response Plans and 3pill 

Contingency Plans under ), civil disturbances, and natural 

disasters such as hurricanes, earthquakes, and wildfires* 

A: •y^2*sA2*k> lA'#>'-.' v.yj.-" •' . ^ 

<pjrovidj,ng emergency human-i t^vj gn relie^i-H. ouch oirnuBiotannnn 

Under «fchio* 

A. 

y exclXisi<5h, in lieu of the norma! normal preconstruction 

ESTeBF$v'

iew' Process, the military facilit y would apply for and obtain 4

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NSR permit^ after the; emergency has ended. 

The DoD believes that regulatory provisions, to address 

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efiflational security emergencies" are neeessary to enable the DoD 

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to immediately and dramatically respond to support specifically 

designated national security missions pr civilian emergencies. 

The absence of such emergency provisions could hinder the ability 

of local commanders to comply- with Presidential directives in a 

!#rAr*A-&2*&L' '•'lL-,:*'y*H. 'Art- •"•±lit--

timely manner because of: (1) the time.periods and public notice 

requirements involved: i|i;;oiDta^iiwf'NCSR'permits; and (2) emission 

limitations, operating restrictions, or other local air qualityrelated requirements which otherwise cannot be exceeded and which 

preclude the DoD from responding to "national security 

emergencies." as* nisiai. 

The EPA is requesting comment on the need for an explicit 

"•'',' ! • .'•': yy •**•••;••.:.•:•••'•"*. 

regulatory exclusion '^i*hs^^iSS!vimles': for "national security 

emergencies." In particuiar/\;the-EPA is soliciting comment on 

the legal authority for such an exclusion, whether such an 

exclusion should be mandatory or voluntary for all states to 

implement under new source review SIPs, and whether such an 

'i'i' , ... j • 

exclusion should be limited to the DoD, or whether it should be 

made available to other public agencies that may be called on to 

protect the publie health or welfare in response to unforeseen 

natural or civilian emergencies. In addition, the EPA is 

requesting comment on the specific form that any such provisions 

should take. 

The August 31, 1995 supplemental proposal to amend the EPA's 

regulations at 40 CPR part 70, that addresses requirements for 

state Title v operating permit programs, raised the issue of 

whether similar exclusion previsions should be added to part 70 

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regulations. The EPA solicits comments on whether such temporary 

emergency exclusion provisions for the DoD should be added t o 

part 70 and on how such provisions i should diffe r from those tha t 

t'i|..; r :iy-yy : 2"---M<...*,AA ' . 

may be incorporated in the NSR regulations, should such 

provisions be adopted for either program;; 

The DoD has suggested the following approach for including 

"national security emergency? provisions in the NSR regulations, 

section 51.165 (and sections' 5i.l$6 and 52.21) would be amended 

to add a definition for "national security emergency" that is 

based on the discussion of that term above. A new, stand-alone 

paragraph would be addfd, in^secHpns^si. 165(a) (§51.165(a) ( )), 

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51.166, and 52.21 entitle d "Temporary exclusions for nationa l 

a. - • .. . - • ^ja.. , 

security emergencies," which would read as follows: 

"Each plan shall provide that actions on the part of a 

military facility to respond to * national security emergency 

that otherwise would constitute a major modification shall not 

constitute a major modification for the purposes of this section, 

provided that the-TOiwaTUiltflk f- HUUfl dPfrfrL^iialni, LiuiJ of the 

military facility compiies^ith ^he following conditions. For 

the purposes of this section, military facility shall mean the 

major stationary source that is owned or operated by the United 

States Department of Defense; and that is engaged in national 

security or related activities. 

(l) AS soon as practicable, but no later than seven 

calendar days after the action in response to a national 

security emergency begins,,Ithe. mMMBIffTiTTR of the military 

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facilit y shall 'notify:: in.: writing ^al I affected Stat e 

permitting authoritie s and EPA Regional Offices, and the 

appropriate Secretary bf the Military Department or Head of 

the Department of Defense Component, tha t the militar y 

facilit y is responding to a national security emergency and 

tha t the military, facilit y intends t o use the temporaryemergency exclusion provided for in this section. During 

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the first 30 calendar days of- the national securit y 

emergency, the eOMMMnJDB\of the military facilit y shal l be 

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authorized to detjermine^j i$ie#/£,he;:'exclusion under this 

section applies. Such determination shall be made only 

after the COMMftNDDIMftas made reasonable efforts to 

accommodate the emissions increase without deviating from 

otherwise applicable permitting requirements. 

(2) If the military facility seeks to rely on the temporary 

emergency exclusion for longer than 30 calendar days from 

a •)••.' . - : . ," • • •;•;!; ; - -...•.• ; .;••.. * 

the date of the notice in paragraph-(l), the continued use 

of the excluBioa^lfi^iiB'/^j^irwiii' by the stat e juuitultiLiug 

authorit y on tha bacio of •information pmulilsd in writing b y 

the appropriate Secretary of the Military Department or Head 

of the Department of Defense Components. The authorization 

fa.^ . r ^ by. tha <State pQamitting authority, to continue use of the 

'irvro 

OdLccJ* t temporary national secu^t y exclusion shall he required for 

&A.u p^Wl.C each consecutive 30 day: ^eridd :following the ntaart of the 

WCPLI^ X

 dat e o f th e

 notice required^ianap^ragxaph (l) . 

L^iL[^rC <3) During the national rsecurity emergency, the qoiofftMDrjR 

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