Overview of New Source Review (NSR) US Environmental Protection Agency Office of Air Quality Planning and Standards (OAQPS)

Briefing Purpose Overview of National Ambient Air Quality Standards and Air Quality Management Brief overview of NSR program Provide an understanding of the Tribal New Source Review rule impacts NSR Permitting Process

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

National Ambient Air Quality Standards (NAAQS) Title I of CAA directs EPA to establish NAAQS for commonly occurring air pollutants posing public health threats NAAQS set national levels for acceptable concentrations of specific pollutants in outdoor air known as “criteria pollutants” NAAQS consist of pollutant concentrations in air that may not be exceeded NAAQS are federal standards that apply coast- to-coast, regardless of jurisdiction

The Existing NAAQS EPA has set NAAQS for 6 criteria pollutants: Ground-level Ozone or smog (O3) Particulate Matter (PM) PM10 and PM2.5 Lead (Pb) Nitrogen Oxide (NOx) Sulfur Dioxide (SOx) Carbon Monoxide (CO)

New Source Review (NSR) Program A program that requires industrial facilities to install modern pollution control equipment when: they are built or when making a change that increases emissions significantly

Purpose of the NSR Program To protect public health and the environment As new industrial facilities are built and existing facilities expand Program ensures that air quality: does not worsen where the air is currently unhealthy to breathe (i.e., nonattainment areas) is not significantly degraded where the air is currently clean (i.e., attainment areas) Purpose accomplished through pre-construction permits Attainment Special provisions for national parks and wilderness areas Nonattainmnet Preconstruction permitting program

The NSR Program Requires New or modified sources to get permits prior to construction Sources to install state-of-the-art control technology Sources/agencies to make sure air quality impacts from the sources will be acceptable

Environmental Benefits of NSR Rule A key tool for: Enabling nonattainment areas to reach attainment Maintaining the NAAQS Protecting / preserving clean air in national parks and wilderness areas as well as other attainment areas Providing source specific requirements on new or modified sources Allowing economic growth and improvements/protection of air quality

The Tribal Authority Rule (TAR) Prescribes how eligible tribes can be “treated in a manner similar to a state” (TAS) Provides for tribes to implement the CAA within the exterior boundaries of the reservations Allows eligible tribes to take on severable elements of the program EPA is responsible for implementing a program where tribes choose not to TAR highlights regulatory gaps in Indian country SIP requirements/permits vacant No NSR programs

Tribal NSR Rule The Tribes indicated this is a priority because they are: Concerned about number of unregulated sources in Indian country Wanting equal opportunity for economic development Interested in building program capacity Concerned with clarification of jurisdiction – to prevent states from issuing permits in Indian country

Benefits of the Tribal NSR Rule Filling regulatory gap through: Minor NSR Nonattainment major NSR* Leveling the economic playing field Providing a cost-effective and timely permitting mechanism Protecting tribal sovereignty from state incursion by clarifying jurisdiction Ensuring resources are protected through controlled growth Building tribal capacity Supply potential model for Tribal Implementation Plan (TIP) development Allowing administration of the program by tribes through delegation *Prevention of Significant Deterioration (PSD) is currently being implemented by EPA.

Permits 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 source can be operated enforceable

Types of NSR Permitting Programs New Source Review (NSR) Program Major NSR in attainment areas (PSD) in nonattainment areas (NA NSR) Minor NSR in all areas In the PSD program, the regulated NSR pollutants include the National Ambient Air Quality Standards (NAAQS) pollutants and some other pollutants including sulfuric acid mist, hydrogen sulfide, etc. In nonattainment NSR, the regulated NSR pollutants are only the NAAQS pollutants.

Permitting Process (Simplified) Is PTE ≥ applicable threshold? (per pollutant) Determine PTE (per pollutant, may include fugitives) Is unit or activity exempted? Source not subject to NSR Start APPLICABILITY No Yes Reviewing authority reviews: Application Proposed/Required Control Technologies Compliance with other applicable requirements Draft permit developed Source owner submits permit application 30 day comment period Public hearing APPLICATION Provisions for permit appeals available Final permit Issued End APPEALS

Contacts Laura McKelvey Phone: 919-541-5497 mckelvey.laura@epa.gov Raj Rao Phone: 919-541-5344 rao.raj@epa.gov Jessica Montañez Phone: 919-541-3407 montanez.jessica@epa.gov