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Clean Air Act and New Source Review Permits

Clean Air Act and New Source Review Permits

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Clean Air Act and New Source Review Permits

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  1. Clean Air Act and New Source Review Permits EPA Office of Air Quality Planning and Standards Research Triangle Park NC March 2013

  2. 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

  3. When making a change that increases emissions significantly NSR is a CAA Program that Requires industrial facilities to install modern pollution control equipment when: They are built or

  4. Air Quality Management Process Set Air Quality Goals • 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

  5. 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

  6. Particulate Matter Health Impacts • 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

  7. 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

  8. 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

  9. 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

  10. 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.

  11. 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

  12. 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

  13. 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

  14. 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)

  15. 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

  16. Components of the NSR program

  17. 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.”

  18. 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

  19. Air Quality Management Process Set Air Quality Goals • 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

  20. The Regulatory Gap in Indian Country New Source Review (NSR) Program Major NSR in Attainment Areas (PSD)

  21. 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

  22. 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

  23. Questions ?