PROPOSED
MINOR
/
MAJOR
NSR
RULES
IN
INDIAN
COUNTRY
Raj
Rao
,
OAQPS,
EPA
The
National
Tribal
Air
Association's
(
NTAA)

Third
Annual
National
Conference
October
5­
7,
2004
Palm
Springs,
California
Here's
what
we
will
cover
 
Overview
of
New
Source
Review
Program
 
Highlights
of
the
Draft
Minor/
Major
NSR
Rule
 
Next
Steps
 
Proposal,
comment
period,
public
hearings
 
Consultation
with
Tribes
 
Promulgation
What
is
New
Source
Review?

 
Preconstruction
permit
program
for
major
and
minor
sources.

 
Program
to
protect
public
health
and
welfare
as
new
pollution
sources
and
certain
modifications
are
built.

 
New
pollution
sources
and
modifications
should
be
designed
and
built
with
good
control
technologies.
Summary
of
New
Source
Review
Program
Requirements
New
Source
Review
Non
Attainment
NSR
Prevention
of
Significant
Deterioration
Minor
Source
NSR
LAER
Analysis
BACT
Analysis
Emission
offsets
Increment
Analysis
Not
determined
yet
What
is
a
minor
source?

0
100
200
300
28
Source
Category
Attainment
Areas
0
100
All
Sources
Nonattainment
Area
Any
source
who
Any
source
who'
s
potential
to
emit
is
potential
to
emit
is
below
the
major
below
the
major
source
threshold
for
source
threshold
for
that
area.

that
area.
Minor
NSR
Rule
 
Applies
to
Minor
Sources
with
PTE
equal
to
or
higher
than
the
lower
regulatory
limit
including
 
New
and
Modified
Minor
Sources
 
Synthetic
Minor
Sources
including
HAP
Sources
 
Minor
Modifications
at
Major
Sources
 
Existing
Minor
Sources
 
propose
exempt
from
rule;
seeking
comments
on
other
options
Minor
NSR
Rule
 
Lower
Regulatory
Limits
 
Proposed
limits
represent
"
middle
of
the
road"
numbers
relative
to
other
States'
minor
NSR
cut­
off
levels
 
Maximum
cut­
off
level
10tpy
in
attainment
areas
 
Originally
considered
5%,
10%
and
20%
of
the
major
source
thresholds;
but
rejected
as
arbitrary
and
unreasonable
 
To
provide
flexibility,
Draft
Rule
allows
Lower
Regulatory
Limits
of
surrounding
areas
to
be
considered
Minor
NSR
Rule
 
Requirements
 
Site­
specific
Permits
 
Propose
Case­
by­
Case
control
technology
review
by
Reviewing
Authority
 
RA
also
considers
control
technology
required
by
surrounding
jurisdiction.

 
The
RA
may
require
the
source
owner
to
submit
an
AQIA.

 
General
Permits
can
be
issued
for
some
source
categories
 
If
Tribes
develop
TIPs
 
they
have
flexibility
to
develop
different
program
which
should
be
at
least
equivalent
to
this
federal
program
Why
is
this
rule
necessary?

 
Regulatory
Gap
­
There
is
no
federal
program
in
place.

 
TAR
clarified
that
States
do
not
have
jurisdiction
in
Indian
Country.

 
Stimulate
economic
development
because
of
certainty
for
sources
 
Provide
a
cost­
effective
&
timely
permitting
approach
 
Provide
a
mechanism
to
establish
"
synthetic
minor"
sources
for
otherwise
major
facilities
 
Provide
a
level
playing
field
with
States
Major
Nonattainment
NSR
Rule
 
In
this
rule,
we
are
proposing
to
cross
reference
40
CFR
51,
App.
S
­
nonattainment
major
NSR
rule
requirements
for
new
and
modified
Major
Stationary
Sources
in
nonattainment
areas
that
have
no
SIP
requirements.

 
Requirements
include:

 
LAER
 
Offsets
at
prescribed
ratios
 
Other
requirements
Major
NNSR
Rule
 
Availability
of
Offsets
a
major
issue
 

seeking
comment
on
these
options
 
Propose
Require
LAER
but
no
Offsets
 
Generate
Offsets
from
innovative
projects
 
Create
an
Offset
pool
 
Other
options
Next
Steps
 
Proposal
 
Spring
2005
 
Public
comment
period
 
we
encourage
you
to
comment
 
Public
hearings
 
Consultation
and
outreach
 
Promulgation
 
Spring
2006
EPA
Contacts
 
Raj
Rao,
Project
Lead
919­
541­
5344
 
Racqueline
Shelton,
Group
Lead­
NSR
919­
541­
0898
 
Tribal
Program
Coordinator
 
TBD
