Review of New Sources a

Modifications in Indian 

Country (Tribal NSR Rule

Rules Comments Summary
Common NSR Terms

 Potential to Emit (PTE) – maximum capacit

source to emit a pollutant

 Allowable emissions – enforceable emissi

limitations on maximum capacity

 Actual emissions – current source emission Projected actual emissions - source’s estim

future actual emissions (future actual)
Tribal Minor NSR Rule

Rule Comments Summary
Minor NSR Applicability – New So

 Proposed that applicability test for new minor source

based on potential to emit

Supporting 

2 

General Supporting Comment

1 tribe • Agree with definition of minor source, but the definition 1 industry

• Agree with definition of minor source, but the definition should accommodate any deminimis thresholds or 

insignificant source categories or activities
Minor NSR Applicability – Modifica

 Proposed that applicability test for minor modificatio

based on allowable emissions instead of actual emis(allowable-to-allowable test)

Supporting 

13

Opposing 

19

General Opposing Comment

6 tribes6 industries1 air agency

8 tribe3 industries2 air agencies1 enviro5 citizens

• Less stringent and will be tied-up in litigation • Introduces unnecessary complexity - test is different one used for the major NSR program • Actual emissions test is preferable • Actual-to-projected actual test would be acceptable
Minor NSR Applicability – Fugitive Em

 Asked for comment on whether we should account fo

emissions during minor NSR applicability determinatnew minor sources or minor modifications

Supporting 

8

Opposing 

11

General Opposing Comment

4 tribes2 citizens1 air agency1 enviro

9 industries 2 tribes

•Too excessive for the miniscule minor source emission•Time-consuming and resource-intensive for those unfaconcepts •Compliance costs for minor sources could be substanimposing this requirement without sound reason is partarbitrary
Proposed Minor NSR Threshold

(cutoff levels for which minor sources with emissions lower than the t

would be exempt from the minor NSR rules - vary by pollutant and area 

Regulated NSR Pollutant Nonattainment Areas Attai

Carbon monoxide (CO) 5 Oxides of nitrogen (NOx

) 5 

Sulfur dioxide (SO2) 5 Volatile organic compounds (VOC) 2 PM 5 PM-10 1 PM-2.5 0.6 Lead 0.1 Fluorides NA Sulfuric acid mist NA Hydrogen sulfide (H2S) NA Total reduced sulfur (including H2S) NA 

Reduced sulfur compounds (including H2S) NA Municipal waste combustor emissions NA Municipal solid waste landfills emissions NA 
Minor NSR Thresholds (Continue

Establishment of Minor NSR Thresholds

Supporting

8

General Supporting Comments

2 tribes4 industry2 citizens

• Some specifically endorsed setting thresholds in tons per year 

• EPA needs to adjust the minor NSR thresholds periodically based on monito

Levels of the Proposed Thresholds

Supporting

1

Opposing

6

General Opposing Comment

1 enviro 6 industries •Raise thresholds to reduce administrative burden

•Other comments:

•VOC threshold too burdensome for oil and gas ind

1 tribe•CO threshold should be raised in relation to other trade-off between NO2 and CO – 2 industries
List of Exempted Units and Activi

 Proposed list of exempted units and activities because they either do not emit 

pollutants to the ambient air or emit these pollutants in negligible amounts. The 1. Air-conditioning units for comfort that are not subject to applicable requirements unde

Act and do not exhaust air pollutants into the ambient air from any manufacturing or 

2. Ventilating units for comfort that do not exhaust air pollutants into the ambient air fro

manufacturing or other industrial process

3. Heating units for comfort that do not provide heat for any manufacturing or other ind4. Noncommercial food preparation5. Consumer use of office equipment and products6. Janitorial services and consumer use of janitorial products7. Internal combustion engines used for landscaping purposes8. Bench scale laboratory activities, except for laboratory fume hoods and vents9. Any emissions unit or activity that does not have the potential to emit a regulated NS

so long as that emissions unit or activity is not part of a process unit that emits or has 

emit a regulated NSR pollutant or HAP

Supporting

0

Opposing

10*

General Opposing Comments

1 tribe7 industry1 air agency1 citizen

•List will not help reduce administrative burden•Not including a de minimis exemption or adding the insignificategories or activities that are included in many State progra

concern

* Commenters opposed the few units/activities on the list, not the promulgation of a list of exempted u
Case-by-Case Technology Revie

 Proposed case-by-case control technology review based on a conside

 Local air quality needs Typical control technology used by similar sources in surrounding areas Anticipated economic growth in the area Cost-effective control alternatives

Supporting 

6

Opposing 

11 

General Opposing Comments

6 tribes 1 tribe

8 industry1 enviro1 air agency

•A control technology requirement under the minor NSR program sh•Many sources are already subject to technology based standards requirements are unwarranted• EPA has no authority to impose a control technology requirement u110(a)(2)(C) of the Act•Control technology determinations under the program will not be cdifferent reviewing authorities
Air Quality Impact Analysis (AQ

Supporting Opposing General Opposing Commen

 Proposed to require AQIA at the discretion of the reviewing au

 Only if concerned minor source will cause or contribute to a NAAQ

increment violation

Supporting 

10*

Opposing

7 

General Opposing Commen

4 tribes3 industries1 air agency1 enviro1 citizen

6 industries1 tribe

•Requirement excessive, costly and time consuminbusinesses•Rarely used in States’ minor NSR programs•Should be used in rare instances and fugitives shoincluded in modeling analysis•If finalized, requirements should include prescribprocedures for when AQIAs must be performed

* Support, but suggest that more specific or stringent requirements should be finalized
Treatment of Existing Minor Sour

 Proposed three options for how to treat existing minor sources 

is finalized:

Option 1

– New 

permit not needed 

initially, only when a 

minor modification 

triggers NSR

Supporting - 12 Opposing - 3 General Opposing Com

9 industries3 tribes

1 air agency1 citizen1 enviro

•Air quality impacts are not addr

Option 2

– New 

permit not needed 

initially, but existing 

sources must register 

within 1 year after 

rule’s effective date

Supporting - 15 Opposing - 1 General Opposing Com

10 tribes3 air agencies1 enviro1 citizen

1 tribe •Too burdensome for existing m

Option 3

– Existing 

minors need new 

permit shortly after 

the rule is final

Supporting - 4 Opposing – 5 General Opposing Com

2 tribes2 citizens

3 industries1 tribe1 air agency

•Overwhelming on EPA’s resoucause construction delays•Burdensome on oil & gas indus
Treatment of Existing Synthetic Minor S

Option 1

– Existing Supporting Opposing General Opposing Com

 Proposed that:

 Existing synthetic minors would need a new permit and must submit a p

application within 1 year of rule’s effective date

 Failure to meet the new application deadline results in source beco

to all requirements for major sources

Option 1

– Existing 

synthetic minors would need 

a new permit and must 

submit a permit application 

within 1 year of rule’s 

effective date 

Supporting 

6

Opposing 

2

General Opposing Com

4 tribes1 enviro1 citizen

2 industries • Should not be allowed for H

• Burdensome on oil & gas in
General Permits

 Proposed that:

 EPA would have authority to issue general permits GPs will be developed by HQs and/or the Regions, will be issued through 

comment procedure, and must be appealed at the time of GP issuance

 After GP is developed, public can appeal the applicability of a GP to a p

source, not the GP itself

Supporting 

10

Opposing 

1

General Supporting Com

8 industries2 tribes

1 tribe •Permitting should be streamlined using 

than using general permits

 Reviewing authority may grant or deny construction under a GP without rep

noticing procedures used to develop the GP (GP considered final agency a

 Public notified about the approval of a GP for a particular facility by lette

facility
Case-by-case MACT determinati

 MACT compliance determined on a case-by-case basis if:

 No MACT standard for a source category has been established  There is no EPA-approved program

 Act provides review options for these determinations

 Using a Title V permit Applying and obtaining a Notice of MACT approval Any other administrative procedures for preconstruction review and approv

Supporting 

3

Opposing 

1

General Opposing Comments

2 tribes1 industry

1 industry • Source should not apply for minor source permit, 

for a major source permit which would require caseMACT

Any other administrative procedures for preconstruction review and approv

 Proposed that minor NSR program will be used as one of the “other a

procedures for preconstruction review and approval”

 Applicable sources will be major for HAPs and minor for NSR Sources will eventually need a Part 71 permit for major HAP emissions
Public Participation Requiremen

Supporting Opposing General Opposing Comment

 Proposed that: 

 The reviewing authority is required to prepare a draft permit and 

adequate public notice (including, among other requirements, a 3comment period)

Supporting 

3

Opposing 

11

General Opposing Comment

2 tribes1 air agency

2 tribes6 industries2 air agencies1 enviro

• More stringent than State minor NSR programs• Match environmental significance with public notice period• Add de minimis thresholds below which sources would be exem

notice and participation requirements
Proposed Tribal Major 

Nonattainment NSR Progr

Rule Comments Summary
Offset Waivers

 In nonattainment areas, the Clean Air Act requires emissions reductions 

from existing sources in the area of the proposed source (whether or nsame ownership) to obtain reasonable progress towards attainment of applicable NAAQS.

 We proposed two options to address the lack of available offsets in I

country:

Economic Development Zone Option

Supporting 

2

Opposing 

6

General Opposing Comment

1 tribe1 industry

4 tribes1 air agency1 enviro

•Data used to develop this option is old. •There has been significant development in Indian country in thand thus this option will not be available to tribes. •In the absence of a TIP, this precondition for offset relief would Indian country

Appendix S Paragraph IV Option

Supporting 

3

Opposing 

4

General Opposing Comment

2 tribes1 industry

1 tribe1 air agency1 enviro1 citizen

•Option “buys time” for sources, its weakening environmental 
Compliance Certification Review A

State- wide Supporting Opposing General Opposing Comments

 Clean Air Act Section 173 requires source owners/operators to certify 

owner/operator is complying with all applicable air regulations. The must cover all facilities owned/operated by such person in the same S

 Asked for comments as to whether that certification, for purposes of t

major NSR rule, should be State-wide, Indian country-wide or Per Trib

State- wide Supporting 

4

Opposing 

1

General Opposing Comments

2 Tribes1 air agency1 industry

1 industry •Will give EPA overreaching authority over SIP-app

Indian countrywide

Supporting 

1

Opposing 

4

General Opposing Comments

1 tribe 4 tribes •Prefer nationwide compliance

Per Tribe Supporting 

3

General Supporting Comments

2 tribes1 industry

•Indian country-wide certification burdensome•More consistent with treating individual tribes as s
Provisions Applicable To B

Rules

Rule Comments Summary
Permit Appeals

(Proposed Two Options for Permit Appea

 Appeals must be filed within 30 

days after a final permit decision has been issuedUpon filing of a petition for review, 

 Permits:

 are effective upon i not stayed by filing 

Administrative Permit Appeals Judicial Permit Appeals Upon filing of a petition for review, 

the permit will be stayed

 Motion to reconsider the final EAB 

order must be filed within 10 days 

 If all remedies are exhausted, 

person may appeal to Federal Court

 not stayed by filing 

appeal

To stay a permit, p

the Administrative (APA) 5 U.S.C. 705 

 Source can have permit 

after proceeding with cwhile appeal was pend
Permit Appeals (Continued)

Environmental Appeals Board (EAB) Option

Supporting 

5

Opposing 

3

General Opposing Comments

4 tribes1 state

1 tribe2 industry

•Permit stay provision will encourage abuse and delays•Permit stay too burdensome for minor sources, not consistprograms

Federal Court of Appeals Option

Supporting

8

General Supporting Comments

5 industry2 tribes1 air agency

• Permit effective upon issuance. • Source determines construction commencement.• More consistent with State minor NSR programs. •Less burdensome on government resources.
Permit Reopening Provisions

 Proposed that: 

 Any person (including the permittee) may petition the reviewing aut

reopen a permit for a cause

 The reviewing authority may commence a permit reopening in its ow

it contains a material mistake or fails to assure compliance with apprequirements

Supporting 

2

Opposing 

4

General Opposing Comments

1 tribe1 industry

4 industries •More stringent than Title V and other NSR programs

•Potential for abuse and disruption of permit process• EPA, reviewing authorities or only those commenters who p

comments should be allowed to reopen permit 

requirements
Other Significant Comme

Rule Comments Summary
Implementing the Minor NSR Rule in 

Delayed Rule Implementation

Supporting General supporting comments

 Proposed that entire rule would be effective 60 days after pub

the Federal Register

 Commenters raised concerns about workload rule might bring a

suggested that we should delay implementation of the rule

Supporting

4

General supporting comments

3 industries1 air agency

•Work with synthetic minors first and then true minor sources•Delay effective date up to 12 or 18 months after promulgation•Postpone implementing minor program until sufficient experience and knowledge i

implementing the major NA-NSR program