Air Operating Permit Program for Sources Located In Indian Country

Background
What is Indian Country
Who Will be Affected by These Revisions?
How is EPA Working with Tribal Groups to Improve Air Quality?
Additional Information Links
EPA Region 10 Contact Information

The Environmental Protection Agency (EPA) has revised its Federal operating permits regulation of July 1996 to clarify the Agency's authority to issue operating permits to facilities located in "Indian country." This web page is intended to provide more information for facilities which may need to apply for such a permit.

The Clean Air Act operating permits program provides a mechanism for gathering together in one permit document all the federal, State, and/or local requirements applicable to industrial air pollution sources.

The goals of the operating permits program are:
1. To ensure that source operators know what air pollution control requirements apply to their facilities;
2. To improve compliance; and
3. To resolve applicability questions.

BACKGROUND
The Clean Air Act Amendments of 1990 included new provisions requiring all States to develop operating permits programs that meet certain Federal criteria. The States, in turn, are to require affected facilities to obtain permits that contain all of their Clean Air Act requirements.

Unlike States, Indian Tribes are not required to develop operating permits programs, although EPA encourages Tribes to do so.

EPA’s existing Indian Policy recognizes that Tribal governments are primarily responsible for carrying out environmental programs within their jurisdictions. However, under this policy, EPA retains responsibility for environmental protection until Tribes are able to administer their own programs.

Consistent with the Clean Air Act and EPA's Indian Policy, EPA’s revisions to the operating permits regulation allow the Agency to protect air quality in Indian country by administering an operating permits program in areas lacking an EPA-approved program. EPA will generally administer an operating permits program in Indian country until the Tribe assumes responsibility for the program.

WHAT IS INDIAN COUNTRY?
Indian country includes:
(a) all land within the limits of any Indian reservation under the jurisdiction of the U.S. government (including land owned by non-Indians),
(b) all dependent Indian communities within the borders of the U.S., and
(c) all Indian allotments, as long as the Indian title has not been extinguished. The term "reservation" applies not only to the territory traditionally known as reservations, but includes Tribal trust lands.

WHO WILL BE AFFECTED BY THIS PROGRAM?
Approximately 100 sources located in Indian country are likely to be affected by this regulation and will be required to submit permit applications.

The requirement to obtain a Federal permit applies primarily to facilities located in Indian country that are “major” sources, solid waste incineration units, and certain sources subject to requirements under the acid rain program. Sources whose potential emissions exceed certain levels are considered "major." To determine whether a source is considered major, please refer to documents indicated in the Additional Information section.

In areas lacking an EPA-approved program, EPA will generally administer the program until the Tribe can assume responsibility.

Before EPA administers a Federal operating permits program in an area of Indian country, the regulated community will be notified by notices in local papers of the program's effective date and its obligation to apply for permits. Most sources will also receive a letter notifying them of an early submittal date for the application. Nevertheless, permit applications will be required of all subject sources in Indian country.

The effective date of the program is March 22, 1999, as described in the amended notice published in the Federal Register notice of February 19, 1999. Sources subject to the program will have up to one year from that date in which to submit permit applications to the appropriate EPA Regional office.

When EPA approves a Tribal operating permits program, it will suspend the issuance of Federal operating permits for that area.

HOW IS EPA WORKING WITH TRIBAL GROUPS TO IMPROVE AIR QUALITY?
EPA will administer permits programs to protect air quality on Tribal lands while working with individual Tribes to develop their own operating permits programs.

EPA will provide technical support and assistance to Tribes that have not obtained approval of their operating permits programs to increase the Tribe’s expertise and capacity to administer permit programs.

FOR FURTHER INFORMATION . . .
The Operating Permits Program was established by the 1990 amendments to the Clean Air Act in Title V 501 to 506.

Regulations for implementing the operating permit requirements were promulgated on July 21, 1992 and are located in 40 CFR Part 70(Adobe PDF).

Federal Operating Permit Regulations were finalized as 40 CFR Part 71 on July 1, 1996.

The regulations under Part 71 apply in those circumstances where an approved operating permit program does not exist.

-EPA’s reasons for these regulations are detailed in the proposal dated April 27, 1995 at 60 FR 20803. See Fact Sheet.

-Part 71 permit application forms, including detailed instructions, are available for sources to use to apply for a Part 71 permit.

-The Federal Operating Permits Regulations were amended in a notice published on February 19, 1999, to cover permits in Indian Country.

Potential to Emit (PTE) Transition Policy for Part 71 Implementation in Indian Country
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Revisions to monitoring and testing requirements and compliance certification procedures were promulgated with the Compliance Assurance Monitoring rule on October 22, 1997 at 62 FR
54899. See Fact Sheet.

EPA Headquarters Office of Air and Radiation’s homepage on the Internet contains a wide range of information on air pollution programs and issues.

Air Operating Permit Program for Sources Located In Indian Country

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