CLEAN AIR ACT REQUI
[OR AIR POLLUTION SOU
IN INDIAN COUNTRY
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 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. Remember: "construction" includes
new facilities and expansions, additions, process
changes, and other modifications at existing
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.
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 nation-
al 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 avail-
able in the EPA Greenback2.
1 http://www.epa.gov/region09/air/maps/maps_top.html
2 http://www.epa.gov/oar/oaqps/greenbk/
EPA-909-F-08-002 MAY 2008
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What kind of NSR permit would I need?
How much air pollution
does your facility emit?
Major source of air pollution
(e.g., power plants with large
boilers or turbines, cement plants,
oil refineries, landfills, sand and
gravel operations). See Table 2
for Major Source thresholds.
Minor source of air pollution
(e.g., gas stations, casinos with
small boilers or diesel generators,
paint spray booths). See Table 2
for Minor Source thresholds.
Attainment status of
your location?
> Attainment c
Nonattainment
Attainment or
Nonattainment
Type of permit you may
need to obtain
Prevention of Significant
Deterioration (PSD)
Nonattainment New Source
Review (NNSR)
Tribal Minor New Source
Review (Minor NSR)
Things to keep in mind
EPA issues PSD permits in
Indian Country.
EPA issues NNSR permits in Indian
Country3. EPA is working on a Tribal
NSR Rule to permit major sources in
Tribal nonattainment areas, but the
rule is not yet finalized.
EPA is working on a Tribal NSR rule
to permit minor sources in Indian
Country, but the rule is not yet
finalized. Contact EPA to assess
NSR requirements.
Table 1: General flow chart to determine what type of NSR permit you need4
The Prevention of Significant Deterioration (PSD)
Program: PSD is the NSR program that applies in
attainment areas, and includes requirements for emis-
sion 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, htm I.
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.
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.
If you have questions, please contact the EPA Region 9 Air Permits Office:
Anita Lee
Roger Kohn
(415) 972-3958
(415) 972-3973
Lee.Anita@epa.gov
Kohn.Roger@epa.gov
For NSR Permit Questions
For Title V Operating Permit Questions
3 Sources must comply with 40 CFR Part 51, Appendix S in Indian Country until EPA promulgates the Tribal NSR Rule.
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.
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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.
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 Title V (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 peti-
tion EPA, and the ability to track compliance by review-
ing reports and certifications. Operating permits must
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.
Carbon Monoxide
(CO)
Nitrogen Dioxide
(NC-2)
Sulfur Dioxide (SC-2)
Volatile Organic
Compounds (VOC)
Total Particulate
Matter
Particulate Matter -
1 0 microns or less
diameter (PM-io)
Particulate Matter -
2.5 microns or less
diameter (PM2.s)
Lead (Pb)
ATTAINMENT
MAJOR MINOR
Source (tpy) Source (tpy)
250 tpy or
100 tpy if
source is
one of
26 source
categories
listed in
40CFR
52.21(b)(1)
A f\
10
m
1 w
10
5
10
5
3
0.1
NONATTAINMENT
MAJOR Source Extreme
tons per year (tpy) Ozone
100
50 (serious)
1 00 (marginal/moderate)
50 (serious)
25 (severe)
1 0 (extreme)
100
100 (marginal/moderate)
50 (serious)
25 (severe)
1 0 (extreme)
100
100 (moderate)
70 (serious)
100 (moderate)
70 (serious)
100
5
n
u
5
0
5
1
0.6
0.1
Other
Nonattainment
5
5
2
5
1
0.6
0.1
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.
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