PROPOSED NSR RULES FOR INDIAN COUNTRY

• Jurisdiction: United States

Air Quality Challenges Facing the Natural Resources Industry in the Western United States
(Nov 2007)
CHAPTER 4B
PROPOSED NSR RULES FOR INDIAN COUNTRY
Sara Laumann
Office of Regional Counsel
Environmental Protection Agency -- Region 8
Denver, Colorado

EPA - New Source Review

Overview

█ Existing NSR framework

█ Purpose of NSR rules for Indian country

█ Rule highlights & example

█ Delegation, public participation, and administrative & judicial review

█ Process & timeline for final rulemaking

[Page 4B-2]

Existing NSR Framework

█ Preconstruction permit program to

□ Manage growth in a controlled manner

□ Protect public health and welfare as new pollution sources are built or existing sources are modified

█ Major/Minor programs

□ Minor NSR: Clean Air Act § 110(a)(2)(C)

□ Major NSR

█ Attainment Areas: PSD, Part C

█ Nonattainment Areas: N/A NSR, Part D

Proposed New Rules to Fill the Gap in Indian country

█ EPA proposed new Federal Minor NSR Program to fill existing regulatory NSR program gaps in Indian country

□ Notice of Proposed Rulemaking, 71 FR 48696 (Aug. 21, 2006)

█ Provide a cost-effective and timely permitting mechanism

█ Level the economic playing field with States

[Page 4B-3]

Which sources in Indian Country will be affected by the proposed Federal NSR rules?

█ New

□ Minor sources

□ Major sources locating in nonattainment areas of Indian Country

█ Existing

□ Minor sources making modifications

□ Major sources in nonattainment areas making minor or major modifications

█ Synthetic minor

□ Major sources seeking to limit their potential to emit (PTE) and become synthetic minor sources

Specifics of the Minor NSR rule

[Page 4B-4]

What does the minor NSR rule apply to?

█ New minor sources

█ Sources with PTE equal...