Tribal Minor New Source Review Rule Proposed Amendments Informational Meeting

Tribal Minor New Source Review Rule Proposed Amendments Informational Meeting for Tribes June 17 and 20, 2013

Overview Background on existing rule Additional emission units/activities exempt from permitting Construction related terms Commence construction Begin construction Advance notice for relocating sources 2

Existing Minor NSR Rule Published in the Federal Register on July 1, 2011; took effect on August 30, 2011. Applies to new minor sources and minor modifications. March 1, 2013 Deadline for existing true minor sources (i.e., sources under major source thresholds without limitations on potential to emit) had to register with their reviewing authority. September 1, 2014 and later True minor sources are required to obtain a NSR permit before beginning construction. 3

Additional Units/Activities Proposed for Exemption from Permitting Seven exemption units/activities, aka categories, in the current rule. We received comments during proposal of the original rule requesting we expand the list of exemption categories. We looked at exemption categories in both state rules and the Federal Air Rule for Indian Reservations (FARR). Sources being proposed for addition are anticipated to have low emissions. 4

Additional Units/Activities Proposed for Exemption from Permitting, cont. We proposed the following emission units/activities : Cooking of food, except wholesale businesses that both cook and sell cooked food. Single family residences and other residences with four or fewer dwelling units. Emergency generators: 500 horsepower (HP) maximum in non- attainment areas (NAA); 1,000 HP maximum in attainment areas. Stationary internal combustion engines below 50 horsepower. Furnaces or boilers used for space heating. Limits of 5 million Btu (MMBtu)/hr in NAA; 10 MMBtu/hr in attainment areas. Air conditioning units used for human comfort. Forestry and silvicultural activities. 5

Construction Related Terms The existing terms pertaining to construction can be clearer and more consistent with our PSD program, improving implementation. We proposed the following changes: Replacing commence construction with begin construction in rule text that specifies activities prohibited without a permit. Defining begin construction, using the definition of begin actual construction from the major source provisions as the starting point. Revising 40 CFR 49.151(c)(1)(iii)(A) to clarify that true minor sources do not need a permit unless constructed on/after September 1, 2014. 6

Advance Notice for Relocating Sources Current requirement applies to true minor sources that register with their reviewing authority. The existing rule requires that a 30-day notice be provided prior to relocation of the source. An industry petition requested that we consider time periods less than 30 days. A review of state rules showed a range of notification periods for relocating sources ranging from 10 to 30 days. A federal PSD requirement for major sources specifies 10 days notice. We are taking comment on advance notification periods from 10 to 30 days. The proposed rule also includes a discussion (78 FR 33272) about notification requirements met through the permit process, when applicable. 7

Next Steps Letters offering consultation were mailed out on May 31, 2013. Requests for consultation should be made by June 28, 2013. The comment period (60 days) on the proposed amendments closes on August 5, 2013. Contact information: Greg Nizich; email: nizich.greg@epa.gov; phone: 919-541-3078. The proposed rule and fact sheet can be found at: http://www.epa.gov/nsr/actions.html Questions? Comments? 8