Tribal Minor New Source Review Rule –

Proposed Amendments

Informational Meeting for Tribes

June 17 and 20, 2013
Overview

• Background on existing rule

• Additional emission units/activities exempt from permitting

• Construction related terms

– Commence construction

– Begin construction

• Advance notice for relocating sources

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Existing Minor NSR Rule

• Published in the Federal Register on July 1, 2011; took effect on 

August 30, 2011.

• Applies to new minor sources and minor modifications.

• March 1, 2013 – Deadline for existing true minor sources (i.e., 

sources under major source thresholds without limitations on 

potential to emit) had to register with their reviewing authority.

• September 1, 2014 and later – True minor sources are required to 

obtain a NSR permit before beginning construction. 

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Additional Units/Activities Proposed for Exemption from 

Permitting 

• Seven exemption units/activities, aka categories, in the current rule. 

• We received comments during proposal of the original rule requesting 

we expand the list of exemption categories.

• We looked at exemption categories in both state rules and the Federal 

Air Rule for Indian Reservations (FARR).

• Sources being proposed for addition are anticipated to have low 

emissions.

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Additional Units/Activities Proposed for 

Exemption from Permitting, cont.

• We proposed the following emission units/activities :

– Cooking of food, except wholesale businesses that both cook and 

sell cooked food.

– Single family residences and other residences with four or fewer 

dwelling units.

– Emergency generators: 500 horsepower (HP) maximum in nonattainment areas (NAA); 1,000 HP maximum in attainment areas.

– Stationary internal combustion engines below 50 horsepower.

– Furnaces or boilers used for space heating. Limits of 5 million Btu 

(MMBtu)/hr in NAA; 10 MMBtu/hr in attainment areas.

– Air conditioning units used for human comfort.

– Forestry and silvicultural activities.

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Construction Related Terms

• The existing terms pertaining to construction can be clearer 

and more consistent with our PSD program, improving 

implementation. 

• We proposed the following changes:

– Replacing “commence construction” with “begin construction” in rule 

text that specifies activities prohibited without a permit.

– Defining “begin construction,” using the definition of begin actual 

construction from the major source provisions as the starting point.

– Revising 40 CFR 49.151(c)(1)(iii)(A) to clarify that true minor sources 

do not need a permit unless constructed on/after September 1, 2014.

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Advance Notice for Relocating Sources

• Current requirement applies to true minor sources that register with their 

reviewing authority.

• The existing rule requires that a 30-day notice be provided prior to 

relocation of the source.

• An industry petition requested that we consider time periods less than 30 

days.

• A review of state rules showed a range of notification periods for relocating 

sources ranging from 10 to 30 days.

• A federal PSD requirement for major sources specifies 10 days notice.

• We are taking comment on advance notification periods from 10 to 30 

days.

• The proposed rule also includes a discussion (78 FR 33272) about 

notification requirements met through the permit process, when applicable.

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Next Steps

• Letters offering consultation were mailed out on May 31, 

2013.

• Requests for consultation should be made by June 28, 

2013.

• The comment period (60 days) on the proposed 

amendments closes on August 5, 2013.

• Contact information:

– Greg Nizich; email: nizich.greg@epa.gov; phone: 919-541-3078.

– The proposed rule and fact sheet can be found at: 

http://www.epa.gov/nsr/actions.html

• Questions? Comments?

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