From: Stoneman, Chris 

Sent: Tuesday, April 28, 2015 2:04 PM 

To: PFARGOTS@FCLAW.com 

Subject: RE: PROPOSED GENERAL PERMIT FOR HOT MIX ASPHALT PLANTS ON INDIAN 

LANDS [FCEmail.FID6568232]

Hello Mr. Fargotstein:

I am emailing to provide an answer to your question.

With respect to the p. 4 sentence, 250 tpy is the major source threshold 

for PSD sources in attainment 

areas, unless the source category is listed in section 169(1) of the 

Clean Air Act. For the listed categories 

in section 169(1), the threshold is 100 tpy. However, HMA plants is not a 

listed category.

With respect to p. 12 passage, I recognize the wording may be confusing. 

What the sentence is trying to 

say is that the Title V major source threshold in attainment areas is 100 

tpy. Section 501(2) (Title V) of 

the Clean Air Act defines a major source to include the definition in 

section 302 of the Act that applies 

outside nonattainment areas, which is where you will find the 100 tpy.

I hope that helps.

You can also now find the final rule and permits on our website 

(http://www.epa.gov/air/tribal/tribalnsr.html). It should be published in 

the Federal Register in the 

coming days.

Thank you.

Chris Stoneman

From: PFARGOTS@FCLAW.com [mailto:PFARGOTS@FCLAW.com] 

Sent: Tuesday, April 28, 2015 12:39 PM 

To: Stoneman, Chris 

Subject: PROPOSED GENERAL PERMIT FOR HOT MIX ASPHALT PLANTS ON INDIAN 

LANDS [FCEmail.FID6568232] 

Importance: High

Chris: Per the EPA instructions in the Tribal Minor NSR summary, I left 

a voice mail yesterday but often 

an e-mail is easier to respond to. I have a client who I am advising 

concerning the proposed general 

permit. I reviewed the Background Document published by EPA on April 20, 

2015 relating to several 

general permits proposed under the Tribal Minor NSR Rule including hot 

mix asphalt plants. The top of 
page 4 of the document states:

“The NSR major source threshold for attainment areas is 250 tpy for any 

criteria pollutant. The NSR 

major source threshold for nonattainment areas are summarized in Table 2 

below.”

Page 12 of the document states as follows:

“The NSR and Title V major source emission thresholds for sourced located 

in attainment areas are 100

tpy for all criteria pollutants. The NSR and Title V major source 

emissions thresholds for facilities located 

in nonattainment areas vary for each pollutant and nonattainment status, 

as shown in Table 2.”

These statements seem contradictory with respect to the NSR threshold for 

attainment areas. I also 

noted that EPA used the 100 tpy threshold as the basis for determining 

the general permit limit of 80 tpy 

for CO for attainment areas. I don’t believe that a hot mix asphalt plant 

is a categorical source. Thus, the 

250 tpy NSR threshold should apply for attainment areas. For that type of 

facility. 

Could someone please clarify the above issue. Thank you. Phil 

Fargotstein,.

Phillip F. Fargotstein | Fennemore Craig, P.C. 

2394 East Camelback Road, Suite 600 | Phoenix, AZ 85016-3429 

Tel: 602.916.5453 | Fax: 602.916.5653 | Mobile: 602.309.1753 Email: 

Pfargots@fclaw.com 

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www.FennemoreCraig.com 

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