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EPA/AR

RIN: 2060-AH37

Publication ID: Spring 2003

Title: Review of Minor New Sources and Modifications in Indian Country
Abstract: As required by the Clean Air Act's New Source Review (NSR) provisions, the EPA is proposing Federal regulations governing preconstruction permitting of minor and major stationary sources of air pollution in Indian country. Pursuant to the Tribal Air Rule, eligible Indian Tribes may receive EPA authorization to develop and implement such programs. The Federal NSR permitting programs would be effective throughout Indian country and would be implemented by EPA if eligible Indian Tribes do not elect, or do not receive authorization, to manage such programs. The proposed Federal minor NSR rule would require sources in Indian country, with certain exceptions, to obtain a permit prior to construction if they are: (1) new minor sources, (2) existing minor sources undergoing modification, or (3) existing major sources undergoing minor modification. The proposed rule also would allow new or existing stationary sources to accept enforceable limits on their production capacity or hours of operation in order to be considered minor sources and avoid being subject to other Clean Air Act requirements such as the title V operating permit program. The proposed Federal major NSR rule would require sources in nonattainment areas in Indian country to obtain a permit prior to construction if they are: (1) new major sources, or (2) existing major sources undergoing major modification. These rules would not impose any mandates on Tribal governments to implement NSR permitting programs. Tribal governments may be affected, however, insofar as they own or operate sources that must obtain a permit from the EPA under the final Federal permitting program regulations.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 51
Legal Authority: 42 USC 7410

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/00/2003
Final Action	08/00/2004

Additional Information: SAN No. 3975
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Mark Sendzik Environmental Protection Agency Air and Radiation C304-03, Research Triangle Park, NC 27711 Phone:919 541-5534 Fax:919 541-0942 Email: sendzik.mark@epa.gov Laura McKelvey Environmental Protection Agency Air and Radiation C304-03, Research Triangle Park, NC 27711 Phone:919 541-5497 Fax:919 541-0942 Email: mckelvey.laura@epamail.epa.gov