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EPA/AR

RIN: 2060-AH37

Publication ID: Fall 2007

Title: Review of 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 stationary sources throughout Indian Country and major stationary sources of air pollution in nonattainment areas in Indian country. The proposed Federal NSR rules 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, (3) new major sources in nonattainment areas in Indian country, (4) existing major sources in nonattainment areas in Indian country undergoing minor modification, or (5) existing major sources in nonattainment areas in Indian Country undergoing major modification. The proposed rule would also allow new or existing stationary sources of regulated NSR pollutants and HAPs 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 permits program. Pursuant to the Tribal Air Rule, eligible Indian tribes may receive EPA authorization to develop and implement such programs, but these permitting programs would be implemented by EPA if eligible Indian tribes do not elect or do not receive authorization to manage such programs. 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: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 49
Legal Authority: 42 USC 7410

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/21/2006	71 FR 48696
Final Action	06/00/2008

Additional Information: SAN No. 3975; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/August/Day-21/a6926.htm;
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Jessica Montanez Environmental Protection Agency Air and Radiation C504-03, Research Triangle Park, NC 27711 Phone:919 541-3407 Fax:919 541-5509 Email: montanez.jessica@epa.gov Chuck Buckler Environmental Protection Agency Air and Radiation C504-03, Research Triangle Park, NC 27711 Phone:919 541-0873 Fax:919 541-5509 Email: buckler.charles@epa.gov