Clean Air Act and New Source Review Permits

EPA Office of Air Quality Planning and Standards Research Triangle Park NC March 2013

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Purpose of this Training• Understand what the Tribal New Source Review (NSR)

permit program is designed to do• Understand how the Tribal NSR program fits into other

air quality programs• Understand the roles of government, public, and facilities

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When making a changethat increases emissionssignificantly

NSR is a CAA Program that Requires industrial facilities to install modern pollution control equipment when:

They are built or

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 NecessaryEmissions Reductions

• Modeling

Set Air Quality Goals

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What are the National Ambient Air Quality Standards (NAAQS)?

•EPA establishes national levels for acceptable concentrations of six specific pollutants in outdoor air▫Ground-level ozone (smog)▫ Particulate matter (PM)

PM10 and PM2.5▫ Lead▫ Nitrogen Oxide▫ Sulfur Dioxide▫ Carbon Monoxide

•These are known as “criteria” pollutants

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Particulate Matter Health Impacts

lung function changes, immune cell responses, heart rate or heart rate variability responses

Asthma attacks, medication use, symptoms

Doctor visits

Hospital Admissions

Death

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Some groups are at greater risk• People with heart or lung diseases

– Diseases make them vulnerable– May include people with diabetes

• Older adults – May have undiagnosed disease

• Children– Bodies still developing

What do the NAAQS Protect?•Public health▫CAA requires that EPA set “primary” standards to

protect public health (including sensitive populations) with an adequate margin of safety

•Public welfare▫“Secondary” standards protect public welfare and

the environment (including visibility and damage to animals, crops and vegetation)

•EPA must review the standard set for each criteria pollutant every 5 years

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What is a SIP? •A general plan to reduce or control emissions in

order to attain or maintain air quality that meets the NAAQS

•States are required to have SIPs, which they develop and submit to EPA for approval

•Tribes are not required to have Tribal Implementation Plans but may choose to develop them

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Typical Parts of a SIP

•Monitoring Data

•Emissions inventory▫ Point sources (ex.- Cement kilns, industrial facilities)▫ Area sources (ex.- dry cleaners, auto body shops)▫ Mobile sources (ex.- autos, construction equipment)▫ Biogenic sources (trees & plants)

•Photochemical modeling

•Control strategies

•Sets forth technical and regulatory process for demonstrating attainment and maintenance requirements

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Tribal Implementation Plans (TIPs)•SIPs do not generally apply in Indian country.•There are a few exceptions where EPA has

specifically approved a SIP to apply in Indian country.

•TIPs are plans developed and submitted by Tribes to EPA to apply to Indian country lands where they can demonstrate jurisdiction.

•TIPs are similar to SIPs, but can be modular and are not a mandatory obligation for Tribes.

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Approved TIPs

•Gila River Indian Community, available at http://www.regulations.gov/#!documentDetail;D=EPA-R09-OAR-2007-0296-0004

•St. Regis Mohawk Tribe, available at http://www.regulations.gov/#!documentDetail;D=EPA-R02-OAR-2004-TR-0001-0002

•Mohegan Tribe of Indians of Connecticut, available at http://www.epa.gov/region1/topics/air/tips/EPA-R01-OAR-2009-0305-0004.pdf

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Federal Implementation Plans (FIPs) in Indian Country•Federal Implementation Plans (FIPs) are plans

developed by EPA•FIPs are often developed to address regulatory gaps

in Indian country•FIPs can be replaced by TIPs

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Examples of FIPs•FIPs that apply to all Indian country: ▫Prevention of Significant Deterioration (PSD) ▫Tribal New Source Review (NSR) rules

•FIPs that apply to specific reservations: FARR (Federal Air Rules for Reservations in Idaho, Oregon, and Washington)

•FIPs that apply to specific sources: FIP for FMC facility in the Fort Hall PM10 Nonattainment Area

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How is NSR Connected to SIPs and the NAAQS? •NSR programs are typically one part of a

SIP or TIP •NSR Permits are designed to:▫Help areas that have healthy air quality

maintain their air quality▫Help areas that have unhealthy air quality

improve their air quality until it meets national standards (NAAQS)

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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 emissions source must

be operated

Focuses primarily on criteria pollutants

NSR Permit

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Components of the NSR program

How do Areas Get Designated Attainment and Nonattainment?

•Based on air quality and other data, EPA promulgates designations of areas▫Nonattainment▫Attainment▫Unclassifiable

A nonattainment area is “…any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.”

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Attainment Status Impacts the SIP and Permits for Major Sources

•Attainment areas: ▫Maintenance Plan SIPS for attainment areas▫Prevention of Significant Deterioration (PSD)

permits

•Nonattainment areas: ▫Nonattainment SIPs▫Nonattainment NSR permits

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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 NecessaryEmissions Reductions

• Modeling

Set Air Quality Goals

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The Regulatory Gap in Indian Country

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New Source Review (NSR) Program

Major NSR in Attainment

Areas (PSD)

Operating Permits•Within a year of start up, major sources (and

some minor sources) must apply for an operating permit (required by CAA Title V)

•Purpose of the permit is to improve compliance and make enforcement easier

•NSR requirements are folded into the Title V permit

•Must be renewed every 5 years

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Summary•NSR permits are pre-construction permits that

focus primarily on the six criteria pollutants for which NAAQS have been established

•NSR programs are typically one part of a government’s overall plan to meet or maintain the National Ambient Air Quality Standards (NAAQS)

•Tribes can develops Tribal Implementation Plans (TIPs) and NSR programs to meet or attain the NAAQS but are not required to do so

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Questions ?

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