PROPOSED
MINOR
/
MAJOR
NSR
RULES
IN
INDIAN
COUNTRY
Raj
Rao
,
OAQPS,
EPA
National
Tribal
Forum
April
19­
21,
2005
Red
Wing,
Minnesota
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
 
Promulgation
 
Feedback
from
Tribes
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.
NAAQS
Non
Attainment
Attainment
Non
Attainment
NAAQS
A
i
r
Q
u
a
l
i
ty
C
o
n
c
e
n
t
r
a
t
i
o
n
PSD
NSR
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.
What
are
synthetic
minor
sources?

A
source
 

 
whose
potential
to
emit
(
PTE)

is
greater
than
the
major
source
threshold,
but
has
actual
emissions
below
the
threshold
 
and
brings
PTE
below
the
major
threshold
by
accepting
enforceable
limits
on
emissions
or
operating
conditions
0
50
100
150
200
250
300
350
Emissions
Actual
PTE
Major
source
threshold
T
o
n
s
/
y
e
a
r
Why
are
NSR
rules
necessary
in
Indian
Country?

 
Regulatory
Gap
­
There
is
no
federal
program
in
place.

 
TAR
clarified
that
States
do
not
have
jurisdiction
in
Indian
Country.
Protect
Tribal
sovereignty
from
State
incursion
 
Build
tribal
capacity
(
TIP
development,
delegation
opportunities)

 
Provide
a
cost­
effective
&
timely
permitting
approach
 
Equal
opportunity
for
economic
development
 
Clarity
of
requirement
for
sources
 
Mechanism
for
obtaining
timely
synthetic
minor
permits
 
Provide
a
level
playing
field
with
States
Draft
Minor
NSR
Rule
 
Applies
to
Minor
Sources
with
PTE
equal
to
or
higher
than
the
minor
NSR
threshold
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
Draft
Minor
NSR
Rule
 
Minor
NSR
Thresholds
 
Proposed
limits
represent
"
middle
of
the
road"
numbers
relative
to
other
States'
minor
NSR
cut­
off
levels
 
Separate
thresholds
in
attainment/
nonattainment
areas
 
Maximum
cut­
off
level
10tpy
in
attainment
areas
 
Permits
 
Site­
specific
permit
°
Unit
Specific
allowable
emissions
limit
°
Sourcewide
allowable
emissions
limit
(
like
a
PAL)

 
General
permits
for
some
source
categories
 
Modifications
 
Allowable
to
allowable
test
 
Seek
comment
on
actual
to
projected
actual
test
Draft
Minor
NSR
Rule
 
Requirements
 
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
Air
Quality
Impact
Analysis
(
AQIA).

 
The
RA
must
provide
public
notice
for
30days
for
each
permit
 
The
RA
could
delegate
to
a
Tribe,
the
authority
to
assist
EPA
in
administration
of
the
federal
NSR
programs
 
If
Tribes
develop
TIPs
 
they
have
flexibility
to
develop
a
different
program
Draft
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
Draft
Major
NNSR
Rule
 
Availability
of
Offsets
a
major
issue
 

propose
options
for
offset
relief
 
§
(
173)(
a)(
1)(
B)
 
Economic
Development
Zone
Option
 
Appendix
S
paragraph
VI
Option
 
Create
an
Offset
pool
 
Other
options
Next
Steps
 
Proposal
 
Summer
2005
 
Public
comment
period
 
we
encourage
you
to
comment
 
Public
hearings
 
Promulgation
 
Summer
2006
Feedback
from
Tribes
 
Consultation
and
Public
outreach
 
Presentations/
Training
 
Public
Notice
of
Permits 
Best
means
of
reaching
the
tribal
community
 
Typical
Existing
Minor
Source
categories
and
sizes
 
Interaction
with
State
offset
banks
if
any
