EPA-909-F-08-001 MAY 2008
                           CLEAN AIR ACT COMPLIANCE
                          GUIDE FOR INDIAN  COUNTRY
Air pollution sources in Indian Country
require air permits
The federal Clean Air Act applies to air pollution sources
in  Indian Country.   This information sheet is to assist
tribes in  determining when the U.S. Environmental
Protection Agency  (EPA) will require you to apply for
an air permit.

EPA issues two types of air permits in Indian Country —
New Source  Review (NSR) Permits, and  Title V (5)
Operating Permits.

NSR permits are required before you construct new
sources or modify existing sources of air pollution — this
includes  construction of entirely new facilities, and
construction  projects at existing facilities, such  as
expansions, additions, process changes, and equipment
modifications.

New and existing  sources of  air pollution may also
need to  apply for a Title V (5) Operating Permit from
EPA.  Title V  Operating permits pull together in one
document a list of all the air pollution-emitting equipment
at the facility and all the requirements that apply to that
equipment.
Does your tribe own or operate a power
plant, a cement plant, a hotel, casino, or
a landfill?
Power plants,  cement plants, hotels and casinos with
large boilers or diesel engines, and landfills are often
categorized as "Major Sources" of air pollution. A facility
is a Major Source if its air pollution emissions exceed
the Major Source threshold. This threshold depends on
                                                     the air quality in your area.  All Major Sources are
                                                     required to apply for Title V Operating Permits.

                                                     Areas with good air quality are called Attainment Areas,
                                                     and areas with poor air quality are called Nonattainment
                                                     Areas. Sources in  Nonattainment Areas are subject to
                                                     more stringent NSR permitting requirements.  EPA can
                                                     help you  determine the Attainment Status of your area.
Does your tribe own or operate a gas
station, a hospital, a school, or an oil
and gas operation?
Gas stations, hospitals or schools with small boilers or
diesel engines, and oil and gas drilling operations are
often categorized as "Minor Sources"  of air pollution.
A facility is a Minor Source if its air pollution emissions
are below the Major Source threshold, but above the
Minor Source threshold. EPA is working on a Tribal NSR
rule to permit  minor sources in Indian Country, but the
rule is not yet finalized. Please contact EPA to determine
if your facility needs to obtain a permit.

How can I get more information?
If you have questions, or need help calculating the
emissions from yourfacility ordetermining the Attainment
Status of your area, please contact  the EPA Pacific
Southwest/Region 9 Air Permits office.  EPA can help
determine whether you need a permit  and what
requirements apply, and provide  you  with  a  checklist
of information you may need to submit in your permit
application. Remember, if it emits air pollution, it may
need an air 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

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