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Tribal Minor New Source Review (NSR)

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Tribal Minor New Source Review (NSR)

You will need Adobe Acrobat Reader to view the Adobe PDF files on this page. See EPA's PDF page for more information about getting and using the free Acrobat Reader.

Quick links to headings below:

Background

Congress established the New Source Review (NSR) permitting program as part of the 1977 Clean Air Act Amendments. NSR is a preconstruction permitting program that serves two important purposes.

  • First, it ensures that air quality is not significantly degraded from the addition of new and modified sources such as factories, industrial boilers and power plants. In areas with unhealthy air, NSR assures that new emissions do not slow progress toward cleaner air. In areas with clean air, especially pristine areas like national parks, NSR assures that new emissions do not significantly worsen air quality.

  • Second, the NSR program assures people that any large new or modified industrial source in their neighborhoods will be as clean as possible, and that advances in pollution control occur concurrently with industrial expansion.

NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.

NSR Information

For more information visit:

General Permits and Permits by Rule Implementation

EPA has developed options to simplify the Clean Air Act New Source Review permitting process for certain minor sources of air pollution commonly found in Indian country.  General permits or permits by rule (and supporting documents) that apply to minor sources in Indian country nationwide have been finalized for the source categories listed below. Links are provided to each general permit or permit by rule and the supporting documents. You can also find the procedures for addressing effects on threatened and endangered species and historic properties for sources seeking coverage under a permit by rule. These procedures must be completed and approved by the EPA Regional office prior to submitting the Permit by Rule Notification of Coverage Form. Finally, links are also provided to EPA regional websites indicating the sources that are covered under each general permit or permit by rule are also included below (updated each time a regional office grants a source coverage under a general permit and when a source notifies EPA of coverage under a permit by rule).

Hot Mix Asphalt Plants

Stone Quarrying, Crushing, and Screening Facilities

Gasoline Dispensing Facilities

Petroleum Dry Cleaning Facilities

Auto Body Repair and Miscellaneous Surface Coating Operations

Procedures for Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) for Permits by Rule (PDF) (13pp, 835k)

Links to EPA Regional Websites Indicating the Sources that are Covered Under Each General Permit or Permit by Rule

  • Region 1
  • Region 2
  • Region 4
  • Region 5
  • Region 6
  • Region 7
  • Region 8
  • Region 9
  • Region 10

True Minor Source and Synthetic Minor Source Permits

"True minor source"; means a source that emits, or has the potential to emit, regulated NSR pollutants in amounts that are less than the major source thresholds under either the PSD program at 40 CFR 52.21, or the Major NSR program for Nonattainment Areas in Indian Country at 40 CFR 49.166 through 49.173, but equal to or greater than the minor NSR thresholds in § 49.153, without the need to take an enforceable restriction to reduce its PTE to such levels. The PTE includes fugitive emissions, to the extent that they are quantifiable, only if the source belongs to one of the 28 source categories listed in part 51, Appendix S, paragraph II.A.4(iii) or § 52.21(b)(1)(iii) of 40 CFR, as applicable.

"Synthetic minor sources" means a source that otherwise has the potential to emit regulated NSR pollutants in amounts that are at or above those for major sources in 40 CFR 49.167, 40 CFR 52.21 or 40 CFR 71.2, as applicable, but has taken a restriction so that its potential to emit is less than such amounts for major sources. Such restrictions must be enforceable as a practical matter (as defined in 40 CFR 49.152).

“Synthetic minor HAP source” means a source that otherwise has the potential to emit HAPs in amounts that are at or above those for major source s of HAP in 40 CFR 63.2, but that have taken a restriction so that its potential to emit is less than such amounts for major sources. Such restrictions must be enforceable as a practical matter.

The designation of synthetic minor source is allowed for both regulated NSR pollutants and HAPs and although you may choose to obtain such emission limitations at your own discretion, once you have accepted an enforceable emission limitation, you must comply with that limitation. This is necessary to ensure that you are legally prohibited from operating as a major source. In addition, if you apply for a synthetic minor source or synthetic minor HAP source, must comply with the same public participation requirements and the same procedures for final permit issuance and administrative and judicial review found at 40 CFR 49.157 and 40 CFR 49.159 respectively.

Any synthetic minor permit will be granted or denied no later than 1 year after the date the application is deemed complete and all additional information necessary to make an informed decision has been provided.

If you want to apply for a synthetic minor permit, fill out the form New Source General Application and Synthetic Minor Limit Application. Both forms should be sent to your Reviewing Authority.

New_Source_General_Application.pdf (15pp, 360k)

Synthetic_Minor_Limit_Application.pdf (4pp, 360k)

Regulatory Information

Bundle 3: Federal Implementation Plan for Oil and Natural Gas Minor Sources and Amendments to the Federal Indian Country Minor NSR Rule, August 18, 2015 – EPA is proposing a Federal Implementation Plan rule that would apply to new true minor sources and minor modifications at existing true minor sources in the production segment of the oil and natural gas sector that are locating or expanding in Indian country. In the same action, EPA is also proposing several amendments to the Federal Indian Country Minor NSR Rule and one ammendment to the Federal Indian Country Major NSR Rule.

Documents for proposed action:

Bundle 1: General Permits/Permits by Rule Final Rule April 20, 2015 - EPA is finalizing options to simplify the Clean Air Act permitting process for certain smaller sources of air pollution commonly found in Indian country. This action would ensure that air quality in Indian country is protected by facilitating the implementation of the Indian Country Minor Source New Source Review (NSR) Rule issued by EPA in July 2011. This action impacts five source categories: 

  • Hot mix asphalt plants;
  • Stone quarrying, crushing, and screening facilities;
  • Gasoline dispensing facilities;
  • Petroleum dry cleaners; and
  • Auto body repair and miscellaneous surface coating operations.

Documents for final action:

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