FARR and the Tribal NSR Rule

On August 21, 2006, EPA proposed in the Federal Register rules that will require permits for constructing new air pollution sources, or modifying existing air pollution sources, in Indian country.

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General Information

Q. The Federal Air Rules for Reservations (FARR) and the proposed Tribal New Source Review (NSR) rule are both described as Federal Implementation Plans (FIPs). What is the difference?

A. Under the Clean Air Act, rules and programs that are designed to protect ambient air quality generally fall within the scope of section 110 Implementation Plans. Implementation Plans can include everything from source-specific requirements, to area-specific plans, to generally-applicable rules. The FARR is a set of rules that apply to 39 specific Reservations in Idaho, Oregon, and Washington. These rules comprise a basic plan for protecting air quality within those Reservations – essentially 39 FIPs. The proposed Tribal NSR rule is a generally-applicable rule that would apply throughout Indian country – essentially a FIP element for all of Indian country.

Q. The FARR and the proposed Tribal NSR rules both include provisions for delegation to Tribes. What, if any, differences are there between the two rules?

A. The requirements and procedures for delegation are essentially the same for both sets of rules. The delegation provisions in the proposed Tribal NSR rule were actually patterned after the FARR delegation provisions.

Geographic Applicability

Q. Do the FARR and the proposed Tribal NSR rule apply to the same areas?

A. No. The FARR applies only within the exterior boundaries of 39 specific Reservations in Idaho, Oregon, and Washington. The proposed Tribal NSR rule would apply everywhere in Indian country as that term is defined in federal law. Essentially, the proposed Tribal NSR rule would apply within all federally recognized Indian reservations including land held in trust for a Tribe, all dependent Indian communities, and all Indian allotments that have not been extinguished.

Q. The FARR does not apply to off-Reservation trust land or new Reservations until EPA goes through rulemaking. Would EPA have to do similar rulemakings to make the Tribal NSR rule apply to such trust lands or Reservations?

A. No. The proposed Tribal NSR rule is a generally-applicable FIP that applies everywhere in Indian Country, including off-Reservation trust land, new Reservations, or new lands placed into trust.

Source Applicability

Q. Do the FARR and the proposed Tribal NSR rule apply to the same sources?

A. No. The FARR applies generally to all sources of air pollution within the 39 reservations. The proposed Tribal minor NSR rule would only apply to stationary sources that exceed the size thresholds specified in the rule.

FARR Registration Rule

Q. Do new sources have to get approvals under the proposed Tribal NSR rule and register under the FARR Registration rule?

A. Yes for some sources, but the requirements of the two rules are quite different. Under the proposed Tribal NSR rule, new sources that exceed the size thresholds would need to apply for and obtain a NSR permit before they can begin actual construction. Under the FARR, new sources that exceed the size thresholds and locate within the exterior boundaries of a Reservation will need to submit an initial registration to EPA within 90 days of commencing operation. Because the proposed Tribal NSR rule and the FARR Registration rule have different size thresholds, some sources that will not need to get NSR permits will still need to register. After the Tribal NSR rule is finalized, Region 10 will evaluate the coverage of both rules and determine if the FARR Registration rule should be revised.

FARR Non-Title V Operating Permit Rule

Q. The FARR Non-Title V Operating Permit rule and the proposed Tribal NSR rule both include provisions for sources to request limits on their potential to emit. Are these provisions different and should they be used in different situations?

A. The provisions for obtaining limits on a source’s potential to emit are essentially the same for both rules. Sources within the 39 Reservations where the FARR applies could request limits under either rule. However limits needed to keep new sources or modifications from triggering major source permitting requirements should generally be requested under the provisions of the Tribal NSR rule after it is finalized. Limits to keep entire sources from being major sources should generally be requested under the FARR non-Title V Operating Permit rule. After the Tribal NSR rule is finalized, Region 10 will evaluate the coverage of both rules and determine if the FARR Non-Title V Operating Permit rule should be revised.

Contacts

For general information about this proposed rule, contact Raj Rao of EPA's Office of Air Quality Planning and Standards at (919) 541-5344, rao.raj@epa.gov, or Jessica Montanez at (919) 541-3407, montanez.jessica@epa.gov.
David Bray – questions regarding FIP and TIP requirements for new source review. (206) 553-4253; bray.dave@epa.gov
Doug Hardesty – questions regarding rule applicability and requirements for sources. (208) 378-5759; hardesty.doug@epa.gov
FARR Hotline – questions regarding current FARR requirements for sources.
1-800-424-4EPA; R10_FARR Hotline@epa.gov

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