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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