NEW SOURCE REVIEW (NSR) PROGRAM

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

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

3. Pre-Course Survey Summary • 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) 15 Participants

4. Parts of NSR Permitting Program

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

6. NSR Programs: The Three A’s • 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?

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

8. NSR Program Regulations • NSR program established by the Clean Air Act (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

9. Differences between NSR and Other Permitting Programs • 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

10. Relationship between Tribal Minor NSR Rule and FARR • 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