1. Jessica Montanez Environmental Protection Agency NEW SOURCE REVIEW (NSR) PROGRAM

2. Presentation Outline Interest in this Training Brief Overview of NSR Program and its Regulations Differences Between NSR and Other Permitting Programs

3. 15 Participants 15 participants 11 (73%) have previous NSR knowledge NSR Program: Program Requirements Tribal NSR Rule Impact on Tribes Types of Facilities Affected by Rule Costs of Reviewing Various Permits by Industry Type Relationship to Region 10 Federal Air Rule for Reservations (FARR) Relationship with Other Permitting Programs (State, Title V) Implementation of NSR program: Role Tribes can Play Program Implementation through Tribal Implementation Plan (TIP) Pre-Course Survey Summary

4. 4 Parts of NSR Permitting Program New Source Review (NSR) Program Major NSR in attainment areas (PSD) Major NSR in nonattainment areas (NA NSR) Minor NSR in all areas

5. NSR: Parts of NSR Program We will explain the main requirements for each part of the program 1 Minor NSR 2 NA NSR 3PSD

6. Applicability – Is my source or the source I am reviewing subject to the program? Application – How does the source comply with the program? Appeals – How can the source owner or the public appeal the final permit? NSR Programs: The Three A’s

7. 7 Permitting Process Simplified Start Source not subject to NSR Source owner submits permit application Reviewing authority reviews: Application Proposed/Required Control Technologies Compliance with other applicable requirements Draft permit developed Final permit Issued End EPA issued permits may be appealed through EPA’s Environmental Appeals Board (EAB). After EAB process, permits may be appealed in Federal Court. APPLICABILITY APPLICATION APPEALS Are the source proposed emissions ≥ applicable thresholds or emission rates? (per pollutant, may include fugitives) Is the permit for a new source or a modification to an existing source? Is source in an area that is attaining or nonattaining the NAAQS? No Yes 30 day comment period Public hearing Usually appealed within 30 days of final permit decision After appeal process ends, permit is finally approved or revoked. Is the source exempted?

8. CAAFederalStateTribal PSDTitle I Part C, Sections 160 to 169 40 CFR 52.2140 CFR 51.16640 CFR 52.21 NA NSRTitle I Part D, Sections 171 to 193 NA40 CFR 51.16540 CFR 49.166 to 49.175 Minor NSRTitle I Part A, Section 110(a)(2)(C) NA40 CFR 51.160 to 51.164 40 CFR 49.151 to 49.165 NSR Program Regulations NSR program established by the Clean Air Act (CAA), http://www.epa.gov/air/caa/. http://www.epa.gov/air/caa/ NSR implementing regulations exist at the Federal, State and Tribal level and can be found in the Code of Federal Regulations (CFR) Title 40 (Protection of the Environment) at: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

9. 9 NSR - Preconstruction Permit Program Title V - Operating Permit Program – Generally applicable to sources with emissions equal to or higher than 100 tpy (HAPs, NAAQS, other pollutants) Tribes, State and Locals – Part 70 EPA – Part 71 State Permitting Programs – Do not apply in Indian country Differences between NSR and Other Permitting Programs

10. 10 The Federal Air Rules for Reservations (FARR) is a set of federal air rules that apply to 39 Indian Reservations in Idaho, Oregon and Washington The FARR became effective on June 7, 2005 Includes, among other provisions, a General Outdoor Burning Rule, Non-Title V permit provisions and an annual registration program Tribal Minor NSR rule supersedes most of the Non-Title V Permit Provisions, but does not supersede the registration program Relationship between Tribal Minor NSR Rule and FARR