Minor NSR Program and Highlights of the 

Proposed Tribal Major Nonattainment and 

Minor NSR Rules

Jessica Montañez

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

919-541-3407, montanez.jessica@epa.gov 1
What is the purpose of this discussion?

2. Proposed Minor NSR Rule

3. Proposed Major Nonattainment NSR Rule

4. Delegation, Permitting, Public Participation and 

Permit Appeal Requirements

5. Summary of Comments Received

1. Applicability and Program Requirements

2
Minor NSR Applicability and Program 

Requirements

3
What are the Minor NSR applicability and 

program requirements?

• Sources below major NSR thresholds

• Not many requirements prescribed in our rules

– Mainly for public participation at 40 CFR 51.161(a)-(d), 51.166(q), 

and 52.21(q)

• Great deal of variation among state Minor NSR programs

• Proposal represents how EPA would implement program 

in Indian Country in the absence of an EPA approved plan

4
Why do we need Federal NSR rules in Indian 

Country?

• Provide a permitting mechanism

• Fill existing NSR program gaps

• Promote economic development 

5
How will tribes benefit for the proposed 

Federal NSR rules?

• Protect Tribal sovereignty

• Provide equal opportunity for economic development

• Build Tribal capacity

6
Specifics of the Proposed 

Tribal Minor NSR Rule

7
What is a threshold and what are examples 

of the proposed Minor NSR thresholds?

• Limits below which minor NSR does not apply

• Lower in nonattainment areas

For example:

– Ozone attainment areas – 10 tpy NO2

– Ozone nonattainment areas – 5 tpy NO2

• Not the most nor the least stringent limits 

– 42% of VOC sources will be below thresholds

– 76% of SO2 sources will be below thresholds

8
What are the proposed Minor NSR rule 

requirements?

• Case-by-case control technology review

• Air Quality Impact Analysis (AQIA) in rare cases

• Monitoring, recordkeeping, and reporting as needed to 

assure compliance

• Public participation, administrative and judicial review

9
What are the proposed types of Minor NSR 

permits?

• Typical/common type of permit

• Source-wide permit 

• General permit 

• Synthetic minor source permits

10
Permit Types Examples

11
Example 1: What may be the appropriate 

controls for this asphalt batch plant?

• Source information:

– Process capacity of 300 tons of asphalt/hour

– Dryer burner capacity of 60 MMBTU/hour

• Area information:

– Area in attainment for all pollutants

Emit PM

Emit PM

Emit PM

Emit PM, CO, NOx, SO2, and VOC

Emit PM

ROADWAYS

http://www.carolinaasphalt.org/docs/presskit/CAPA_Asphalt_Process.PDF

• Permit information:

– Source owner applying for a 

typical/common permit

12
Which controls did the reviewing authority 

determine were needed?

• PM/PM-10:

– Dryer will need a cyclone and a baghouse.

– Screens/bins/mixer will need a capture system (hood).

– Roadways will need dust suppressants 

– Conveyor transfer points will need shrouding (screen or cover at 

transfer points)

– Aggregate piles will not need to be controlled

• NO2, VOC, and CO: 

– Dryer and mixer have to combust natural gas or Liquid 

Petroleum Gas (LPG) with good combustion practices

• SO2: 

– No controls needed, pollutant being emitted in amounts lower 

than proposed minor NSR threshold

13
What are the steps for this particular 

permitting process?

• Reviewing authority:

– Determines that AQIA is not needed

– Develops draft permit

• subject to 30-day public comment period

– Issues the final permit

• Permit highlights:

– The baghouse will have:

• Exhaust limits for PM/PM-10, NOx, VOC, CO

• To comply with an initial compliance test, re-tests every 3 

years

• To be subject to inspection and maintenance program

14
Example 2: What would a minor source PAL 

permit look like for a lumber mill?

• Source Information:

– See diagram

• Area information:

– All pollutants emitted in minor 

amounts

• Permit Information:

– Owner requests minor source 

PALs for PM-10 and VOC 

– PALs established based on 

allowable emissions in tpy

http://plantsci.sdstate.edu/woodardh/Soils_and_Ag/Black_Hills/

Waste chipsfired boiler

Emit PM-10

Emits PM-10 

and VOCs

Emits VOCs

Emits PM-10

Emits PM-10

Emits PM-10

http://geoheat.oit.edu/ 15
• Reviewing authority:

– Performs case-by-case control technology review

• Determines no controls required for PM and VOCs

• Determines that AQIA is not needed

– Develops draft permit

• Any modifications allowed if emissions stay within PAL limits

• Monitoring will be done to assure compliance with the PALs 

based on:

– Actual mass emissions for each 12-month period, rolled 

monthly

– Site-specific emission factors developed through testing

• Subject to 30-day public comment period

– If all conditions are met, permit is issued

What are the next steps in this particular 

permitting process?

16
• Source Information:

– Comprised of compressors and related auxiliary equipment that emit 

CO, NO2, PM-10, SO2, VOC

• Permit Information:

– EPA develops general permit after public participation process

– To qualify for coverage facility must not exceed the following limits:

– PM-10 – 10 tpy

– SO2 – 25 tpy

– VOC – 25 tpy

– CO – 95 tpy

– NO2 – 95 tpy

http://www.eia.doe.gov/kids/energyfacts/sources/non-renewable/naturalgas.html

Example 3: What would a general permit 

look like for a natural gas gathering facility?

17
• To comply with PM-10,VOC, SO2, CO, and NO2

emissions limits:

• Burn natural gas in compressors

• To comply with SO2 emissions limits:

• Burn natural gas with a sulfur content less than 

154 ppm and conduct periodic testing

What are the necessary conditions for this 

type of general permit?

18
• Reviewing authority determines that AQIA is not 

needed

• Owner of planned new facility applies for 

coverage under the general permit

– Includes an initial performance test for CO and NO2

• Reviewing authority sends a letter of approval 

(or disapproval)

– If approved, owner posts notice of approval at the site 

and starts construction of the facility as permitted

What are the next steps in this particular 

permitting process?

19
• Source Information:

– PTE for VOC is 400 tpy at 24 hrs/day, 7 days/wk 

(8,760 hrs/yr)

– Actual operations are typically 8 hrs/day, 5 days/wk 

(2,080 hrs/yr)

• Area information:

– Area in attainment for VOC and ozone

• Permit Information:

– Owner requests a synthetic minor permit

Plywood http://www.essexcoatings.com/

http://www.forestlearn.org/mills/plywood/plytour/green_sorting.htm

Example 4: What would a synthetic minor 

permit look like for a plywood furniture factory?

20
• Source must submit a screening modeling analysis to 

show that NAAQS are not threatened

• Reviewing authority develops draft permit

– Permit limits operating hours to 5,000 hrs/yr for VOC:

– Reduces VOC PTE to 230 tpy

– Allows for increased utilization at facility 

• Permit subject to 30-day public comment period prior to 

issuance

• Facility must track and record actual hours of operation to 

show that the 5,000 hrs/yr limit is being met

What are the next steps in this particular 

permitting process?

21
Specifics of the Proposed Tribal 

Nonattainment Major NSR Rule

22
Which sources would be subject to the 

proposed Major Nonattainment (NA) NSR rule?

• New major sources 

• Major modifications 

23
What would the proposed NA Major NSR rule 

require?

• Lowest Achievable Emission Rate (LAER) 

• Offsets at prescribed ratios 

• Monitoring, recordkeeping, and reporting as needed

• Public participation, administrative and judicial review

• Same requirements as current NA Major NSR rules for 

areas lacking an implementation plan – 40 CFR part 51, 

Appendix S

24
What are the proposed options for offset 

waivers?

1. Economic Development Zone (EDZ) option

– If sources located in a zone targeted for economic development. 

Criteria for this waiver:

• Demonstration that emissions will not interfere with attainment of 

the applicable NAAQS by the attainment date

2. Appendix S, Paragraph VI option

– If sources will comply with implementation plan limits and not 

interfere with attainment date. Criteria for this waiver:

• Applicable until attainment date for NAAQS passes. 

25
Delegation, 

Permitting, Public Participation, and 

Administrative and Judicial Review Provisions 

for Both of the Proposed Rules

26
What are the proposed delegation 

requirements?

• The tribe:

– Must be recognized by the Secretary of Interior

– Laws must provide adequate authority

– Must demonstrate technical capacity and resources

• EPA retains all enforcement authority

• Tribes may implement their own program through a 

Tribal Implementation Plan (TIP)

27
What are the proposed requirements for 

obtaining a Minor or Major NSR source permit?

• Source submits a complete application

• The reviewing authority:

– Has 45 days to determine if permit application is complete 

– Will perform control technology review on a case-by-case basis

– May require an Air Quality Analysis

• Then, the reviewing authority will:

– Develop the draft permit 

– Provide public with a 30-day comment period 

– Issue final permit if all applicable requirements have been met

28
What are the proposed public participation 

requirements?

• Public notice with 30-day public comment period 

• Public notice may be posted at locations such as trading 

posts, libraries, post offices, etc., as appropriate

• Opportunity for a public hearing, if sufficient interest

• Draft permit, application, and justification for permit 

issuance/denial available for inspection at:

– EPA Regional Office

– At least one location in the area, for example at the Tribal 

environmental office

29
What are the options for permit appeals?

• Any person may appeal the final permit if the:

– Person commented on the draft permit; or

– Grounds for appeal occurred after public comment period ended

• Two proposed options for permit appeals:

– Administrative – through Environmental Appeals Board (EAB)

– Judicial – through Federal Court of Appeals for the tribal area

30
What are the requirements for administrative 

permit appeals?

• Appeals must be filed within 30 days after a final permit 

decision has been issued

• Upon filing of a petition for review, the permit will be 

stayed

• Motion to reconsider the final EAB order must be filed 

within 10 days 

• If all remedies are exhausted, person may appeal to 

Federal Court

31
What are the requirements for judicial permit 

appeals?

• Permits:

– are effective upon issuance

– not stayed by filing for an appeal

• To stay a permit, petition under the Administrative Procedures Act 

(APA) 5 U.S.C. 705 must be filed

• Source can have permit revoked after proceeding with 

construction while appeal was pending

32
Summary of Comments

33
How many comments were received about 

the rules?

15 industries

1 environmental

group

7 states

26 tribes

8 private

citizens

57 total

comments

34
What were the common comments about the 

proposed rules?

Case-by-case

control

technology

review should

not exist or be 

more 

standardized

Minor NSR 

thresholds

should be 

increased

Modifications 

should be 

defined as

an increase 

in actual 

instead of 

allowable 

emissions

Minor NSR rule

should reflect

Minor NSR 

rules

in surrounding

states

1 2 3 4

Permit 

issuance

process is 

too lengthy

5

35
What is the current schedule for finalizing the 

rules?

Proposal Comment Period Final Rule

Published in 

Federal

Register on 

August 21, 2006

Three Periods:

August 21, 2006 -

November 20, 2006;

November 20, 2006-

January 19, 2007;

January 19, 2007 -

March 20, 2007

Scheduled 

to be 

Published in

Federal Register 

by 

Spring 2009

36