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First Air Quality Permit Requirements Proposed for Industry in 'Indian Country'

Release Date: 08/10/2006
Contact Information: John Millett, (202) 564-4355 /

(8/10/06) EPA is proposing a plan to help protect air quality in areas under tribal jurisdiction, without slowing the areas' economic growth. As part of EPA's efforts to update and improve the New Source Review (NSR) permitting program, the plan would implement NSR requirements for the first time in "Indian Country."

The proposed Federal Implementation Plan (FIP) would require new industrial facilities and facilities making modifications to obtain air quality permits. These facilities have not previously been subject to air permitting requirements in Indian Country.

The proposed plan includes two NSR rules:

1) The minor NSR rule, would apply to new and modified minor stationary sources and to minor modifications at major stationary sources in Indian Country. A minor source is one that generally emits less than 100 tons per year of a target air pollutant. A major source emits more than 100 tons.

2) The nonattainment major NSR rule would apply to new major stationary sources and major modifications in areas of Indian Country that do not meet national air quality standards.

Under the proposed plan, EPA would have the authority to review these permit applications, or to delegate review to tribes able to take on the responsibility. An EPA-approved tribal plan for implementing NSR could be used in place of the FIP.

EPA will accept comment on this proposal for 90 days following publication in the Federal Register

More information: and