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 T itle V Operating 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. R emember: “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.ep a.gov/region09/air/maps/maps_top.html

2 http://www.ep a.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 airquality because air pollution levels exceed the national air quality standard. The EPA Pacific Southwest (Region 9) Web site 1 contains air quality maps for California, Arizona, Nevada, and the Pacific Islands.Lists of designated nonattainment areas are also available in the EPA Greenbook 2

.

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

Table 1: General flow chart to determine what type of NSR permit you need 4

The P revention of Significant Deterioration (PSD) revention of Significant Deterioration (PSD) P rogram : PSD is the NSR program that applies inattainment 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) P rogram : 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 L ee.Anita@epa.gov For NSR Permit Questions Roger Kohn (415) 972-3973 Kohn.Roger@epa.gov For T itle V Operating Permit Questions If you have questions, please contact the EP A Region 9 Air P ermits 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.

T ribal Minor NSR P rogram 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 y our 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 EPA 5 for a T itle V (5) Operating Permit (P art 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 commenton 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 submitt ed to the tribal

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