United States Environmental Protection Agency

General Permit for New or Modified Minor Sources of Air 

Pollution in Indian Country

http://www.epa.gov/air/tribal/tribalnsr.html

Instructions: Hot Mix Asphalt Plants

Version 1.0

Last Modified: November 14, 2013

If you wish to apply for the ‘General Air Quality Permit for New or Modified True Minor Source Hot Mix Asphalt 

Plants in Indian Country,’ please complete the form “Request for Coverage under the General Air Quality Permit 

for New or Modified True Minor Source Hot Mix Asphalt Plants in Indian Country.” 

This General Air Quality Permit implements the requirements of the minor New Source Review (NSR) rule as 

described under 40 CFR part 49.

These instructions are intended to provide you with information that may be useful in completing the Request 

for Coverage forms. In the form, please provide information on all existing, new or modified units.

Helpful Definitions from the Federal Indian Country Minor NSR Rule (40 CFR 49.152) – This 

is not a comprehensive list.

Modification means any physical or operational change at a source that would cause an increase in the 

allowable emissions of the affected emissions units for any regulated NSR pollutant or that would cause the 

emission of any regulated NSR pollutant not previously emitted. [40 CFR 49.152(d)]

The following exemptions apply: 

(1) A physical or operational change does not include routine maintenance, repair, or replacement. 

(2) An increase in the hours of operation or in the production rate is not considered an operational 

change unless such increase is prohibited under any federally-enforceable permit condition or other 

permit condition that is enforceable as a practical matter.

(3) A change in ownership at a source is not considered a modification.

Potential to Emit (PTE) means the maximum capacity of a source to emit a pollutant under its physical 

and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type 

or amount of material combusted, stored or processed, shall be treated as part of its design if the 

limitation or the effect it would have on emissions is enforceable as a practical matter. Secondary 

emissions, as defined at 40 CFR 52.21(b)(18) of this chapter, do not count in determining the PTE of a 

source.

Information collected on applications includes the following:

Section 1: Contact Information

1. Business Name: Provide the complete company name. For corporations, include divisions or subsidiary 

name, if any.

2. Date: Provide the date you submit the completed application/notification.
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3. Site Address(es): Provide the actual address(es) of where the source is operating or proposing to 

operate and not the mailing address. Include the state and the zip code. (Note that if you wish to 

operate at additional locations, then you need to apply for a modified general permit.)

4. County(ies): Provide the county(ies) in which the source is operating or proposing to operate.

5. Name of Operator or Contact at Site(s): Provide the name(s) of the operator or contact at the site(s). 

6. Phone of Operator or Contact at Site(s): Provide a telephone number where the operator or contact at 

the site(s) can be reached during business hours.

7. Owner: List the full name of the owner of the business. 

8. Telephone of Owner: Provide a telephone number where the owner of the business can be reached 

during business hours.

9. Mailing Address of Owner: Provide the mailing address of the owner. Include the state and the zip code.

10. Correspondence Address: Provide the mailing address of the authorized contact person. Include the 

state and the zip code.

11. Authorized Contact Person: Provide the name, title, phone number, email address, and fax number of 

the authorized contact person. The authorized contact is the person authorized to receive requests for 

data and information.

Section 2: Facility Information for Requesting Coverage under the General Permit

12. Brief Description of Your Hot Mix Asphalt Facility: Is your facility new or a modification to an existing 

facility? If this is a new request, describe the proposed new source. If this is a modification, describe the 

modification proposed.

13. North American Industry Classification System (NAICS)/Standard Industrial Classification (SIC) Code and 

Description: Provide the NAICS/SIC Code and/or a description for the facility (check all that apply):

 324122 NAICS, 2952 SIC (Asphalt Paving, Roofing, and Saturated Materials Manufacturing)

 324121 NAICS, 2951 SIC (Asphalt Paving Mixture and Block Manufacturing)

 Other – please specify _____NAICS; _____SIC

14. Type of Asphalt Plant: Specify if this facility is a portable plant, as well as whether it is a batch plant 

versus a drum mix plant. Specify the mixing type of this asphalt plant. Portable sources become 

stationary resources if they remain at one location for 12 months or longer. 

15. Ozone Attainment Status: Indicate if this facility is located in an ozone nonattainment area and specify 

the classification of the ozone nonattainment area. If part of a tribe’s area is designated as attainment 

and another part as nonattainment, the answer to this question should be based on the designation 

where the source would be located. If the source straddles the two areas, the more stringent 

classification applies. Information on the ozone attainment status of the area where your facility is 

located can be found at: http://www.epa.gov/airquality/greenbook/. Please contact your reviewing 

authority if you have questions about an area’s attainment status.
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16. Particulate Matter (PM10) Attainment Status: Indicate if this facility is located in a PM10 nonattainment 

area and specify the classification of the area. 

17. Particulate Matter (PM2.5) Attainment Status: Indicate if this facility is located in a PM2.5 nonattainment 

area. 

18. Carbon monoxide (CO) Attainment Status: Indicate if this facility is located in a CO nonattainment area 

and specify the classification of the area.

19. Exemption from the NSR Minor Program: For a new facility, calculate the PTE of all proposed emission 

units and determine if the proposed construction is below the applicability thresholds in the Indian 

Country Minor NSR program (the thresholds listed in 40 CFR 49.153). For a modification to your existing 

facility, calculate the emissions increase from your new or modified emission units and determine if the 

proposed construction or modification is below the thresholds listed. For a new emissions unit, the 

emissions change is the PTE of the new unit. For a modified emissions units, the emissions change is the 

change in allowable emissions of the unit. 

You only need to consider the thresholds for nonattainment areas if your source is located in an area 

designated nonattainment. If in a nonattainment area, then you only need to consider the 

nonattainment threshold for the pollutant(s) for which the area is designated nonattainment. 

If the PTE of your new facility or the emissions increase at your existing facility is below the applicable 

thresholds listed for ALL pollutants, the new or modified source is exempt from the NSR minor program. 

You do not need a permit for this source. The U.S. Environmental Protection Agency (EPA) is providing a 

PTE calculator to assist with this task. The calculator is available online at:

http://www.epa.gov/air/tribal/tribalnsr.html.

20. Qualification for General Permit – Facility in Attainment Area: If located in an attainment area, calculate 

the PTE of your entire facility (include new, modified, and existing units) and determine if the facility is 

below the NSR major source threshold of 250 tons per year (tpy). If the PTE of the proposed facility is 

equal or above 250 tpy for ANY pollutant, this new or modified source does not qualify for this general 

permit. The EPA is providing a PTE calculator to assist with this task. The calculator is available online at:

http://www.epa.gov/air/tribal/tribalnsr.html.

21. Qualification for General Permit – Facility in Nonattainment Area: If located in a nonattainment area, 

calculate the PTE of your entire facility (include new, modified, and existing units) and determine if the 

facility is below the NSR major source thresholds listed. Note the NSR major source classification is 

pollutant specific. You only need to consider the nonattainment area thresholds for the particular 

pollutants for which your area is designated as nonattainment. If the PTE of the proposed facility is 

equal to or above the threshold for ANY pollutant for which the area is designated as nonattainment,

then this new or modified source does not qualify for this general permit. The EPA is providing a PTE 

calculator to assist with this task. The calculator is available online at:

http://www.epa.gov/air/tribal/tribalnsr.html.

22. Plant Rated Capacity after Construction/Modification: Specify the maximum hourly hot mix asphalt 

production rate of this plant after this construction/modification project.

23. Projected Production Rate after Construction/Modification: List the expected annual hot mix asphalt 

production rate after this construction/modification project.
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24. Setback Requirement: The permit contains a setback requirement and seeks information to verify 

compliance with that requirement.

25. Contaminated Soil Remediation: Specify if this facility performs contaminated soil remediation activities. 

Facilities which perform contaminated soil remediation are not eligible for the General Air Quality 

Permit for Hot Mix Asphalt Plants.

Section 3: Technical Information for Requesting Coverage under the General Permit

26. Dryer ID: List the unit identification number for the proposed or modified dryer.

27. Construction/Modification Date of the Dryer: If this is a new asphalt dryer, list the installation date of 

the new dryer. If this is a project to modify an existing asphalt dryer, specify the date on which 

modification will be conducted. 

28. Dryer Burner Capacity: Specify the maximum heat input capacity of the dryer burner in MMBtu/hr. In 

order to be eligible for the General Air Quality Permit for Hot Mix Asphalt Plants, the dryer burner 

capacity cannot exceed 150 MMBtu/hr. 

29. Fuel(s) Used in the Dryer: Specify all the fuels used in the dryer. In order to be eligible for the General Air 

Quality Permit for Hot Mix Asphalt Plants, the dryer can use the following fuels: natural gas, propane, 

distillate fuel or biodiesel. 

30. Control Equipment: Specify if the dryer is controlled by a baghouse (fabric filter). In order to be eligible 

for the General Air Quality Permit for Hot Mix Asphalt Plants, the emissions from the dryer must be 

controlled by a baghouse. An asphalt plant with the dryer controlled by a scrubber or other type of 

control equipment does not qualify for this general permit.

31. Internal Combustion Engines: List each unit’s unique identification number, unit description, maximum 

capacity, fuel(s) used, construction date for each engine (such as generators and emergency generators) 

and model year. In order to be eligible for the General Air Quality Permit for Hot Mix Asphalt Plants, only 

diesel fuel is allowed to be used in these engines.

32. Auxiliary Heaters: List each unit’s unique identification number, unit description, maximum capacity, 

fuel(s) used, and construction date for each auxiliary heater (such as a hot oil heater). In order to be 

eligible for the General Air Quality Permit for Hot Mix Asphalt Plants, only natural gas, propane, distillate 

fuel and biodiesel are allowed for use in these heaters and the total maximum heat input capacity of all 

the auxiliary heaters cannot exceed 10 MMBtu/hr.

33. Material Handling, Transferring, Loading, and Storage Equipment: List each unit’s unique identification 

number, unit description, maximum capacity, construction date, and the type of control system applied 

(if any) for each material handling, transferring, loading, and storage equipment.

34. Volatile Liquid Storage Tanks: Technical information is needed concerning on-site storage of liquids, 

including fuels.
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Section 4: Information on Compliance with Federal Statutes Necessary for Requesting 

Coverage under a General Permit

35. Endangered Species Act: To request coverage under this permit, sources must demonstrate that they 

have satisfied the permitting requirements related to the Endangered Species Act. The EPA is providing 

procedures with the application to assist with this task.

36. National Historic Preservation Act: To request coverage under this permit, sources must demonstrate 

that they have satisfied the permitting requirements related to the National Historic Preservation Act. 

The EPA is providing procedures with the application to assist with this task.

Section 5: Applicant’s Statement

Certify that the information supplied in the application/notification is correct, then sign the document, print 

your name, and date the document in the spaces provided.