Tribal Minor New Source Review Permitting in Region 9
EPA has authority to issue Non-attainment New Source Review Permits (major non-attainment NSR) and minor New Source Review permits (minor NSR) on Tribal Lands under 40 CFR 49. Note that EPA issues Prevention of Significant Deterioration permits under 40 CFR 52.21 on Tribal Lands as well. For a listing of PSD permits, view Prevention of Significant Deterioration (PSD) Permits Issued by Region 9.
- About Tribal Minor New Source Review (NSR) Permitting
- Minor NSR Thresholds
- Which Form Should I use?
- Application Forms
- General Permits or Permits by Rule
- Implementation Tools
- Tribal NSR Permits
EPA promulgated the Review of New Sources and Modifications in Indian Country (62 pp, 499 K, About PDF) on July 1, 2011. The final rule is a federal implementation plan (FIP) that outlines preconstruction permitting of air pollution control requirements for industrial facilities located in Indian Country.
The FIP includes two New Source Review (NSR) rules for the protection of air quality in Indian country. One of those rules, known as the Tribal Minor NSR Rule, applies to new industrial facilities or modifications at existing industrial facilities with projected emissions that are more than the minor NSR thresholds but less than the major NSR thresholds, which are generally 100 to 250 tons per year (tpy).
The FIP allows EPA Region 9 to review applications for and issue minor NSR permits to industrial facilities within the federally-recognized external boundaries of Reservations in the Region (Arizona, California, Hawaii, and Nevada). The FIP also allows EPA to delegate that authority to tribes in the Region that request it and are able to demonstrate appropriate capability to implement the FIP. Additionally, the FIP can be replaced by an EPA-approved tribal implementation plan (TIP).
- Site-Specific Permits: includes case-by-case determinations of the source emission limits as well as any control technology requirements
- General Permits: permits that have been developed for a number of similar equipment types or facilities to simplify the permit issuance process for facilities; or
- Synthetic Minor Permits: applies to a facility that has the potential to emit pollutants in amounts that are at or above major source thresholds, but has voluntarily accepted emission limits so that its potential emissions are below those thresholds, allowing the facility to avoid more stringent major NSR requirements of the Clean Air Act, such as Prevention of Significant Deterioration (PSD), and Title V Operating Permit requirements. This option is available to different types of facilities, including those that emit hazardous air pollutants so that they will not be subject to National Emissions Standards for Hazardous Air Pollutants, also known as Maximum Available Control Technology (MACT) standards, for major sources.
The permit issuance process includes public notice and comment requirements, as well as administrative and judicial review provisions.
Your potential regulated air pollutant emissions must be greater than the thresholds in the table below and less than the major NSR thresholds.
|Regulated NSR pollutant||Minor NSR Thresholds for
Non-Attainment Areas (tpy)
|Minor NSR Thresholds for
Attainment Areas (tpy)
|Carbon monoxide (CO)||5||10|
|Nitrogen oxides (NOx)||5b||10|
|Sulfur dioxide (SO2)||5||10|
|Volatile Organic Compounds (VOC)||2b||5|
|Sulfuric acid mist||NA||2|
|Hydrogen sulfide (H2S)||NA||2|
|Total reduced sulfur (including H2S)||NA||2|
|Reduced sulfur compounds (including H2S)||NA||2|
|Municipal waste combustor emissions||NA||2|
|Municipal solid waste landfill emissions
(measured as nonmethane organic compounds)
b In extreme ozone nonattainment areas, section 182(e)(2) of the Act specifies that any change at a major facility that results in any increase in emissions is subject to permitting. In other words, any changes to existing major facilities in extreme ozone nonattainment areas must comply with a "0" tpy threshold, but that threshold does not apply to minor facilities.
- Existing Source only needing to register (no construction or modification)
- Submit Form REG
- General Permits/Permits by Rule
- Forms for each general permit/permit by rule are available on the EPA's Tribal Minor New Source Review webpage. In addition, Forms CLOSURE, OWN, and LOC above can also be used by sources with general permits. If your source is not eligible for a general permit you may apply for a site-specific permit using the forms above, as applicable.
- Administrative Changes
- Submit Form AMEND, OWN, LOC, or CLOSURE, as applicable
- Existing sources needing permit revisions that qualify as administrative amendments should submit Form AMEND. For example, modifications to an existing source that are below the minor NSR thresholds.
- For a change in ownership or a change in location (for portable sources) submit Form OWN or LOC, respectively.
- For a permanent (non-seasonal) closure, submit Form CLOSURE.
- Oil and Gas Industry Sources with construction or modifications projects from August 30, 2011 to March 2, 2016
- Submit Form REG within 90 days after you begin operating
- No permit required
- Synthetic Minor Limit(s)
- Existing Major Sources with proposed construction or modification projects that are subject to minor NSR
- Submit Form NEW for preconstruction approval
- New or Modified Minor Sources (except Oil and Gas Industry Sources until March 2, 2016) with proposed construction or modifications that are subject to minor NSR
- Submit Form NEW for preconstruction approval
- Form REG: Existing Source Registration
- Form NEW: New Source General Application
- Form SYNMIN: Synthetic Minor Limit Request
- Form CLOSURE: Facility Closure Notification
- Form OWN: Change in Ownership Notification
- Form AMEND: Permit Amendment Application
- Form LOC: Facility Location Change
- General Permits/Permits by Rule: see forms available on EPA's Tribal Minor New Source Review webpage
- 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
- Concrete Batch Plants
- Boilers and Emergency Engines
- Stationary Spark Ignition Engines
- Stationary Compression Ignition Engines
- Graphic Arts and Printing Operations
- Sawmill Facilities
|Facility Name||State||Location||Type||Status||Related Documents||Date|
|FNF Construction Inc.||AZ||Navajo Nation near Window Rock, AZ||Concrete Batch Plants||Approved||Related Documents||4/18/2018|
|Oscar Renda Contracting Inc.||NM||Navajo Nation in McKinley and San Juan Counties, NM||Stone Quarrying, Crushing, and Screening Facility||Approved||Related Documents||4/18/2018|
|Yavapai Apache Sand and Rock||AZ||Yavapai-Apache Nation of the Camp Verde Indian Reservation, near Camp Verde, AZ||Hot Mix Asphalt Plant||Approved||Related Documents||6/7/2018|
|FNF Construction||AZ||Navajo Nation, near Ganado, AZ||Hot Mix Asphalt Plant||Approved||Related Documents||2/17/2017|
|Fisher Sand & Gravel New Mexico, Inc.
Grey Mesa Gravel Pit
|NM||Navajo Nation near Newcomb, NM||Stone Quarrying, Crushing, and Screening Facility||Approved||Related Documents||11/5/2015|
Implementation tools can be found on EPA's Tribal Minor New Source Review Web page.
For further information related to Tribal NSR permits, please contact us at R9AirPermits@epa.gov.
|Facility Name||State||Location||Type||Action||Status||Related Documents||Date|
|N/A||CA||Indian Country within California||Gasoline Dispensing Facilities||General Permit||Comment Period Ended||1/31/2017|
|Cache Creek Casino Resort||CA||Yocha Dehe Wintun Nation, near Brooks, CA||Casino/Engines||Synthetic Minor||Under Review||Permit Application||5/16/2018|
|Express Fuel||CA||Shingle Springs Band of Miwok Indians||Gas Station||True Minor||Comment Period Open through 07/13/2018||1/8/2018|
|NantEnergy Inc. (formerly Fluidic Energy)||AZ||Salt River Pima-Maricopa, near Scottsdale, AZ||Battery Substrate Manufacturing||Minor NSR Permit||Under Review||Permit Application||07/10/2018|
|Peabody Western Coal Company-Kayenta Mine Complex||AZ||Navajo Nation||Coal Surface Mining||Synthetic Minor||Under Review||Permit Application||12/22/2017|
|Facility Name||State||Location||Type||Action||Related Documents||Date Issued|
|Chaparral Commerce Center||AZ||Salt River Pima-Maricopa Indian Community near Scottsdale, AZ||Office Building||Minor NSR Permit||EPA-R09-OAR-2017-0704||2/8/2018|
|Desert View Power||CA||Cabazon Reservation, near Mecca, CA||Power Plant||Administrative Amendment||Related Documents||5/22/2015|
|Fort Mojave Smoke Shop||AZ||Fort Mojave Reservation near Mojave Valley, AZ||Soil and Groundwater Remediation||Public Notice||EPA-R09-OAR-2018-0394||7/26/2018|
|Four Corners Power Plant||NM||Navajo Nation , Near Fruitland, New Mexico||Electric Generating Unit||Administrative Amendment||EPA-R09-OAR-2018-0137||3/13/2018|
|Four Corners Power Plant||NM||Navajo Nation Indian Reservation, near Fruitland, NM||Electric Generating Unit||Administrative Amendment||EPA-R09-OAR-2017-0676||11/28/2017|
|Red Hawk Casino||CA||Placerville, CA||Synthetic Minor Source||Minor NSR Permit||EPA-R09-OAR-2017-0272||9/21/2017|
|San Manuel Casino||CA||Highland, CA||Synthetic Minor Source||Minor NSR Permit||EPA-R09-OAR-2017-0269||9/25/2017|
|SRP Navajo Generating Station||AZ||Navajo Nation near Page, AZ||Power Plant||Administrative Amendment||EPA-R09-OAR-2016-0249||8/26/2015|
|SRP Navajo Generating Station||AZ||Navajo Nation near Page, AZ||Power Plant||Minor NSR Permit||EPA-R09-OAR-2016-0026||4/20/2016|
|Tule River Waste Water Treatment Plant||CA||Tule River Reservation near Porterville, CA||Waste Water Treatment Plant||Minor NSR Permit||EPA-R09-OAR-2017-0596||12/12/2017|