Air pollution sources in Indian Country

require permits

The Clean Air Act (CAA) applies to pollution sources in

Indian Country. EPA issues two types of CAA permits in

Indian Country – New Source Review (NSR) Permits,

and Title VOperating Permits. This information sheet

focuses on NSR permits. NSR permits are required

before you construct – this includes construction of

entirely new facilities, and expansions, additions, process

changes and other modifications at existing facilities.

Why do I need an NSR Permit?

NSR permits benefit public health and the environment

because they require pollution sources to evaluate air

pollution controls and impacts on air quality before

construction. Remember: “construction” includes

new facilities and expansions, additions, process

changes, and other modifications at existing

facilities. facilities. Different requirements under the Clean Air

Act may apply, depending on how much pollution the

source emits and whether the source is located in an air

quality attainment or nonattainment area. Sources in

Indian Country do not need permits from state/local air

pollution permitting authorities, but federal permit

requirements still apply.

1 http://www.epa.gov/region09/air/maps/maps_top.html 2 http://www.epa.gov/oar/oaqps/greenbk/

What are Attainment and Nonattainment What are Attainment and Nonattainment

Areas?

Attainment areas have good air quality and air pollution

levels that are lower than the national air quality

standard. Nonattainment areas need to improve air

quality because air pollution levels exceed the national air quality standard. The EPA Pacific Southwest

(Region 9) Web site1 contains air quality maps for

California, Arizona, Nevada, and the Pacific Islands.

Lists of designated nonattainment areas are also available in the EPA Greenbook2.

EPA-909-F-08-002 MAY 2008
What kind of NSR permit would I need?

Table 1: General flow chart to determine what type of NSR permit you need4

The Prevention of Significant Deterioration (PSD) revention of Significant Deterioration (PSD)

Program: PSD is the NSR program that applies in

attainment areas, and includes requirements for emission limits and air quality modeling to ensure that

emissions from the facility do not harm air quality. EPA

currently issues PSD permits to major sources in Indian

Country in accordance with the Federal PSD program

at 40 CFR § 52.21. For more detailed information

on PSD requirements, please visit the EPA Pacific

Southwest Region Web site at http://www.epa.gov/

region09/air/permit/psd-public-part.html.

The Nonattainment NSR (NNSR) Program: The

Nonattainment NSR Program is designed to improve air

quality while allowing for economic growth. NSR requires

the most stringent emission limits and also requires

sources to offset increased emissions by reducing

emissions elsewhere at the facility, or by obtaining

Emission Reduction Credits (ERCs) from nearby facilities.

4

Anita Lee (415) 972-3958 Lee.Anita@epa.gov For NSR Permit Questions

Roger Kohn (415) 972-3973 Kohn.Roger@epa.gov For Title V Operating Permit Questions

If you have questions, please contact the EPA Region 9 Air Permits Office: ermits Office:

EPA currently issues Nonattainment NSR permits to major

sources in Indian Country in accordance with the Federal

Nonattainment NSR program in the Code of Federal

Regulations (CFR) at 40 CFR Part 51, Appendix S. EPA

is working on the Tribal NSR Rule that will address when

offsets are required and other options if no ERCs are

available in the area. Until this rule is finalized, EPA will

continue to issue Nonattainment NSR permits to sources

in Indian Country under Appendix S.

Tribal Minor NSR Program for Attainment and

Nonattainment Areas: For a minor air pollution

source, EPA may require you to install pollution control

technology and/or require you to conduct an air quality

impact analysis. Additional information will be available

when EPA publishes the final Tribal NSR Rule. Until the

rule is finalized, please contact EPA to determine if your

facility needs to obtain a permit.

3 Sources must comply with 40 CFR Part 51, Appendix S in Indian Country until EPA promulgates the Tribal NSR Rule.

4 Please contact the EPA Pacific Southwest/Region 9 Air Permits Office for more detailed information on determining the size of your facility, and the

attainment status of your location.
How do I apply for a permit?

Please contact the EPA Pacific Southwest/Region 9 Air

Permits Office. The staff there can help answer your

questions, help determine what regulations and

requirements apply, and provide you with a checklist

of information you may need to submit in order to

process your application.

Title V (5) Operating Permits

After you obtain a PSD or NSR permit, you must submit

an application to EPA5 for a TitleV (5) Operating

Permit (Part 71 Permit) within 12 months of starting )

operation. These permits require sources to assure

compliance with all requirements that are applicable

to your facility. The Title V Operating Permit Program

gives the public an opportunity to review and comment

on the proposed operating permit, the ability to petition EPA, and the ability to track compliance by reviewing reports and certifications. Operating permits must

be renewed every five years. Additional information

about Title V Operating Permits can be found on the

EPA Website at http://www.epa.gov/oar/oaqps/permits/

partic/proof.html.

5 If, however, EPA has authorized the tribe to implement the Title V Operating Permit Program, these applications must be submitted to the tribal

permitting authority.

Table 2: Air pollution emission thresholds by attainment status for Major and Minor Sources in Indian Country. The Minor Source

Thresholds were proposed in the Tribal NSR Rule on August 21, 2006. Please note the Final Tribal NSR Rule has not yet been

published, and the proposed minor source thresholds (below) and requirements may change.