EPA’s new air rules mean monumental changes for emissions in Indian country

Vol. 43 No. 6

Robert Gruenig is an attorney with Stetson Law Offices, P.C., who specializes in Indian law with an emphasis on tribal environmental issues.

On July 1, 2011, the U.S. Environmental Protection Agency (EPA) issued a Federal Implementation Plan (FIP), titled “Review of New Sources and Modifications in Indian Country.” The FIP includes two New Source Review (NSR) rules to address a regulatory gap concerning the emissions of minor and major sources in Indian country. The first rule (Tribal Minor NSR Rule) applies to new and modified minor stationary sources, and to minor modifications at existing major stationary sources. The second rule (Tribal Nonattainment Major NSR Rule) applies to new and modified major stationary sources in those areas of Indian country that are in nonattainment for the National Ambient Air Quality Standards (NAAQS). The rules mean monumental changes to how facilities in Indian country must operate in the future.

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The Law of Adaptation to Climate Change: United States and International Aspects