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

2. 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

3. 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. 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

5. 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)

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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.

13. 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

14. 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.

15. 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

16. Contacts
Laura McKelvey Phone: Raj Rao Phone: Jessica Montañez Phone: