1. Clean Air Act and New Source Review Permits EPA Office of Air Quality Planning and Standards Research Triangle Park NC March 2013 1

2. Purpose of this Training Understand what the Tribal New Source Review (NSR) permit program is designed to do Understand how the Tribal NSR program fits into other air quality programs Understand the roles of government, public, and facilities 2

3. 3 When making a change that increases emissions significantly NSR is a CAA Program that Requires industrial facilities to install modern pollution control equipment when: They are built or

4. Air Quality Management Process Implement Control Strategies -Title V and other Permits Surveillance and Enforcement Evaluate Air Quality Emissions Inventory Data Ambient Air Monitoring Data Choose Control Strategies -Voluntary programs -Some strategies may be regulatory Determine Necessary Emissions Reductions Modeling Set Air Quality Goals 4

5. What are the National Ambient Air Quality Standards (NAAQS)? EPA establishes national levels for acceptable concentrations of six specific pollutants in outdoor air ▫ Ground-level ozone (smog) ▫ Particulate matter (PM)  PM10 and PM2.5 ▫ Lead ▫ Nitrogen Oxide ▫ Sulfur Dioxide ▫ Carbon Monoxide These are known as “criteria” pollutants 5

6. Particulate Matter Health Impacts 6 Some groups are at greater risk People with heart or lung diseases –Diseases make them vulnerable –May include people with diabetes Older adults –May have undiagnosed disease Children –Bodies still developing

7. What do the NAAQS Protect? Public health ▫ CAA requires that EPA set “primary” standards to protect public health (including sensitive populations) with an adequate margin of safety Public welfare ▫ “Secondary” standards protect public welfare and the environment (including visibility and damage to animals, crops and vegetation) EPA must review the standard set for each criteria pollutant every 5 years 7

8. What is a SIP? A general plan to reduce or control emissions in order to attain or maintain air quality that meets the NAAQS States are required to have SIPs, which they develop and submit to EPA for approval Tribes are not required to have Tribal Implementation Plans but may choose to develop them 8

9. Typical Parts of a SIP Monitoring Data Emissions inventory ▫ Point sources (ex.- Cement kilns, industrial facilities) ▫ Area sources (ex.- dry cleaners, auto body shops) ▫ Mobile sources (ex.- autos, construction equipment) ▫ Biogenic sources (trees & plants) Photochemical modeling Control strategies Sets forth technical and regulatory process for demonstrating attainment and maintenance requirements 9

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11. Tribal Implementation Plans (TIPs) SIPs do not generally apply in Indian country. There are a few exceptions where EPA has specifically approved a SIP to apply in Indian country. TIPs are plans developed and submitted by Tribes to EPA to apply to Indian country lands where they can demonstrate jurisdiction. TIPs are similar to SIPs, but can be modular and are not a mandatory obligation for Tribes. 11

12. Approved TIPs Gila River Indian Community, available at http://www.regulations.gov/#!documentDetail;D=EP A-R09-OAR-2007-0296-0004 St. Regis Mohawk Tribe, available at http://www.regulations.gov/#!documentDetail;D=EP A-R02-OAR-2004-TR-0001-0002 Mohegan Tribe of Indians of Connecticut, available at http://www.epa.gov/region1/topics/air/tips/EPA- R01-OAR-2009-0305-0004.pdf 12

13. Federal Implementation Plans (FIPs) in Indian Country Federal Implementation Plans (FIPs) are plans developed by EPA FIPs are often developed to address regulatory gaps in Indian country FIPs can be replaced by TIPs 13

14. Examples of FIPs FIPs that apply to all Indian country: ▫ Prevention of Significant Deterioration (PSD) ▫ Tribal New Source Review (NSR) rules FIPs that apply to specific reservations: FARR (Federal Air Rules for Reservations in Idaho, Oregon, and Washington) FIPs that apply to specific sources: FIP for FMC facility in the Fort Hall PM10 Nonattainment Area 14

15. How is NSR Connected to SIPs and the NAAQS? NSR programs are typically one part of a SIP or TIP NSR Permits are designed to: ▫ Help areas that have healthy air quality maintain their air quality ▫ Help areas that have unhealthy air quality improve their air quality until it meets national standards (NAAQS) 15

16. 16 A legal document that an industrial facility must comply with Places restrictions on: What construction is allowed What air emission limits must be met How the emissions source must be operated Focuses primarily on criteria pollutants NSR Permit

17. 17 Components of the NSR program New Source Review (NSR) Program Major NSR in attainment areas (PSD) Major NSR in nonattainment areas (NA NSR) Minor NSR in all areas

18. How do Areas Get Designated Attainment and Nonattainment? Based on air quality and other data, EPA promulgates designations of areas ▫ Nonattainment ▫ Attainment ▫ Unclassifiable  A nonattainment area is “…any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.” 18

19. Attainment Status Impacts the SIP and Permits for Major Sources Attainment areas: ▫ Maintenance Plan SIPS for attainment areas ▫ Prevention of Significant Deterioration (PSD) permits Nonattainment areas: ▫ Nonattainment SIPs ▫ Nonattainment NSR permits 19

20. Air Quality Management Process Implement Control Strategies -Title V and other Permits Surveillance and Enforcement Evaluate Air Quality Emissions Inventory Data Ambient Air Monitoring Data Choose Control Strategies -Voluntary programs -Some strategies may be regulatory Determine Necessary Emissions Reductions Modeling Set Air Quality Goals 20

21. The Regulatory Gap in Indian Country 21 New Source Review (NSR) Program Major NSR in Attainment Areas (PSD)

22. Operating Permits Within a year of start up, major sources (and some minor sources) must apply for an operating permit (required by CAA Title V) Purpose of the permit is to improve compliance and make enforcement easier NSR requirements are folded into the Title V permit Must be renewed every 5 years 22

23. Summary NSR permits are pre-construction permits that focus primarily on the six criteria pollutants for which NAAQS have been established NSR programs are typically one part of a government’s overall plan to meet or maintain the National Ambient Air Quality Standards (NAAQS) Tribes can develops Tribal Implementation Plans (TIPs) and NSR programs to meet or attain the NAAQS but are not required to do so 23

24. Questions ? 24