# Tribal Minor New Source Review Rule **–**

**Proposed Amendments**  **Informational Meeting**  **for Tribes June 17 and 20, 2013** 

# Overview • Background on existing rule • Additional emission units/activities exempt from permitting • Construction related terms

– Commence construction

– Begin construction 

### • Advance notice for relocating sources
2

## Existing Minor NSR Rule • Published in the Federal Registeron July 1, 2011; took effect on August 30, 2011. • Applies to new minor sources and minor modifications. • March 1, 2013 – Deadline for existing true minor sources (i.e., sources under major source thresholds without limitations on potential to emit) had to register with their reviewing authority. • September 1, 2014 and later – True minor sources are required to obtain a NSR permit before beginning construction.
3

### Additional **Units/Activities Proposed for Exemption from Permitting**  • Seven exemption units/activities, aka categories, in the current rule. • We received comments during proposal of the original rule requesting we expand the list of exemption categories. • We looked at exemption categories in both state rules and the Federal Air Rule for Indian Reservations (FARR). • Sources being proposed for addition are anticipated to have low emissions. 4

# Additional **Units/Activities Proposed**  **for Exemption from Permitting** 

# , **cont.** • We proposed the following emission units/activities :

– Cooking of food, except wholesale businesses that both cook and sell cooked food.

– Single family residences and other residences with four or fewer dwelling units.

– Emergency generators: 500 horsepower (HP) maximum in nonattainment areas (NAA); 1,000 HP maximum in attainment areas.

– Stationary internal combustion engines below 50 horsepower.

– Furnaces or boilers used for space heating. Limits of 5 million Btu (MMBtu)/hr in NAA; 10 MMBtu/hr in attainment areas.

– Air conditioning units used for human comfort.

– Forestry and silvicultural activities. 5

# Construction 

# Related Terms • The existing terms pertaining to construction can be clearer and more consistent with our PSD program, improving implementation. • We proposed the following changes:

– Replacing “commence construction” with “begin construction” in rule text that specifies activities prohibited without a permit.

– Defining “begin construction,” using the definition of begin actual construction from the major source provisions as the starting point.

– Revising 40 CFR 49.151(c)(1)(iii)(A) to clarify that true minor sources do not need a permit unless constructed on/after September 1, 2014. 6

# Advance Notice for Relocating **Sources** • Current requirement applies to true minor sources that registerwith their reviewing authority. • The existing rule requires that a 30-day notice be provided prior to relocation of the source. • An industry petition requested that we consider time periods less than 30 days. • A review of state rules showed a range of notification periods for relocating sources ranging from 10 to 30 days. • A federal PSD requirement for major sources specifies 10 days notice. • We are taking comment on advance notification periods from 10 to 30 days. • The proposed rule also includes a discussion (78 FR 33272) about notification requirements met through the permit process,when applicable. 7

# Next **Steps** • Letters offering consultation were mailed out on May 31, 2013. • Requests for consultation should be made by June 28, 2013. • The comment period (60 days) on the proposed amendments closes on August 5, 2013. • Contact information:

– Greg Nizich; email: nizich.greg@epa.gov ;phone: 919-541-3078.

– The proposed rule and fact sheet can be found at: http://www.epa.gov/nsr/actions.html 

### • Questions? Comments? 8