I. New Source Permitting Programs 

A. Review of major sources and modifications in nonattainment areas (NSR 

Nonattaainment )

B. Review of major sources and modification in attainment areas (prevention 

of significant deterioration (NSR PSD)

C. Review of minor Sources (Minor NSR) 

II. Possible types of Authorization 

A. Nonattainment NSR

1. Implement Federal rules through an Administrative Delegation 

agreement.

2. Develop and implement your tribe’s rules through a Tribal 

Implementation Plan (TAS)

a. 

B. NSR PSD

1. Implement Federal rules through an administrative delegation is 

currently prohibited under 40 CFR 52.21 (u) 

2. Develop and implement through a Tribal PSD Implementation Plan

C. Minor NSR

1. Implement Federal rules through an administrative delegation 

Agreement

2. Develop and implement through a Tribal Implementation Plan 

III. How to request delegation?

A. What documents are needed?

B. Who do you send the documents to?

C. What is the review process?

IV. Nonattainment NSR Administrative Delegation 
A. Options

1. Enforcement

2. Applicability 

3. Analysis 

B. Process Description

C. Needed Documents

1. Eligibility statement 

a. Statement that the applicant is a tribe recognized by the 

Secretary of the Interior; 

b. A descriptive statement demonstrating that the tribe is currently 

carrying out substantial governmental duties and powers over a 

defined area.

c. Identification of geographic area covered under delegation. This 

requires the name of the tribal land(s) covered under the request. 

This does not need to describe in detail the geographic outlines of 

the area. 

d. A statement by the tribe’s legal counsel. This section 

contains legal certifications that the tribe has set up a 

structure that is legally authorized to perform the requested 

activities. 

Other Documents 

1. Identification of the specific provisions for which delegation is 

requested. This will contain a list of federal statutes that the 

tribe wishes to implement on tribal lands. 

2. . Demonstration that the tribal agency has the technical 

capability and adequate resources to administer the FIP 

provisions for which the delegation is requested. This 

section contains lists of technical expertise and resources 

available to the tribe. 

D. Elements of the agreement 

1. Description

2. Sample

E. Implementation of agreement

1. Tribal responsibilities
2. EPA responsibilities 

V. Nonatttainment NSR TIP

A. Options

1. Incorporation by reference or write new rule 

2. Optional Exemptions

B. Process Description

The general process timeline for getting your nonattainment NSR TIP approved consists 

of the following steps:

• Develop the rule that contains the regulatory provisions of the program in consultation 

with appropriate stakeholders - community (including communities of concern), industry, 

academia, environmentalists and regulators. For programs that do not require regulations 

(e.g., education or incentive programs to reduce consumer power demands), then the 

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the 

program is implemented.

• Prepare documentation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides 

whether the rule submittal is complete.

• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA 

Regional Office will return the submittal. At this point, the tribe may revise the rule 

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Implementation Plan revision in the Federal 

Register and solicits comments on the rule from the public. Based on the public’s 

comments, EPA may require that the Tribe make changes in the rule, prior to final 

approval.

• The EPA publishes the final approval of the (original or modified) rule in the Federal 

Register. Even though a Region may choose to use the direct final processing procedure 

for noncontroversial actions, it is very unlikely that any action using this policy will be 

noncontroversial.

C. Documents needed

1. Cover letter – description and sample

2. Eligibility statement—description and sample – TAS
a. A statement that the applicant is a tribe recognized by the 

Secretary of the Interior; 

b. A descriptive statement demonstrating that the tribe is currently 

carrying out substantial governmental duties and powers over a 

defined area.

c. Specific geographical description of the tribe lands.

3. Sample incorporation by reference rule

4. Sample other rule

D. Implementation process

1. Tribal responsibility 

Transition

Longterm

Copies to Administrator 

Once the Tribal Agency begins reviewing and issuing minor 

source permits, the tribal agency must provide to the Administrator 

a copy of each permit application (including any application for 

permit revision) and each draft permit if the agreement requires 

such transmittal unless the agreement waives this requirement. 

With the Administrator’s consent, the delegate tribal agency may 

submit to the Administrator a permit application summary form 

and any relevant portion of the permit application, in place of the 

complete permit application. To the extent practicable, the 

preceding information should be provided in electronic format as 

requested by the Administrator. 

Records retention 

Where a delegate tribal agency prepares draft or final permits or 

receives applications for permit revisions on behalf of EPA, the 

records for each draft and final permit or application for permit 

revision must be kept by the delegate tribal agency for a period not 

less than 5 years. The delegate tribal agency must also submit to 

the Administrator such information as the Administrator may 

reasonably require to ascertain whether the delegate tribal agency 

is implementing and administering the delegated program in 

compliance with the requirements of the Act and of this program. 
1. EPA responsibility 

Transition

1) The Administrator will suspend the issuance of nonattainment 

major NSR permits under this program promptly upon 

publication of notice of approval of an implementation plan 

with a major NSR permit program for nonattainment areas. 

(2) The Administrator may retain jurisdiction over the permits for 

which the administrative or judicial review process is not 

complete and will address this issue in the notice of 

program approval. 

(3) After approval of a program for issuing nonattainment major 

NSR permits and the suspension of issuance of 

nonattainment major NSR permits by the Administrator, 

the Administrator will continue to administer 

nonattainment major NSR permits until permits are issued 

under the approved implementation plan program. 

Longterm 

VI. NSR PSD TIP (TAS)

A. Options

1. Incorporation by reference or write new rule

2. Optional Exemptions 

B. Process Description

The general process timeline for getting your NSR PSD TIP approved consists of the 

following steps:

• Develops the rule that contains the regulatory provisions of the program in consultation 

with appropriate stakeholders - community (including communities of concern), industry, 

academia, environmentalists and regulators. For programs that do not require regulations 

(e.g., education or incentive programs to reduce consumer power demands), then the 

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the 

program is implemented.

• Prepare documentation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides 

whether the rule submittal is complete.
• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA 

Regional Office will return the submittal. At this point, the tribe may revise the rule 

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Implementation Plan revision in the Federal 

Register and solicits comments on the rule from the public. Based on the public’s 

comments, EPA may require that the Tribe make changes in the rule, prior to final 

approval.

• The EPA publishes the final approval of the (original or modified) rule in the Federal 

Register. Even though a Region may choose to use the direct final processing procedure 

for noncontroversial actions, it is very unlikely that any action using this policy will be 

noncontroversial.

C. Documents needed 

1. Eligibility statement 

a. A statement that the applicant is a tribe recognized by the 

Secretary of the Interior; 

b. A descriptive statement demonstrating that the tribe is currently 

carrying out substantial governmental duties and powers over a 

defined area.

c. Specific geographical description of the tribe lands.

Other Documents 

D. Implementation Process 

1. Tribal responsibilities

2. EPA responsibility 

VI. Minor NSR Administrative Delegation

A. Options

1. Incorporation by reference or draft new rule

B. Process Description 

C. Documents Needed 

1.Eligibility Statement 

a. A statement that the applicant is a tribe recognized by the 

Secretary of the Interior.
b. A descriptive statement demonstrating that the tribe is currently 

carrying out substantial governmental duties and powers over a 

defined area.

c. Identification of geographic area covered under delegation.

This requires the name of the tribal land(s) covered under the 

request. This does not need to describe in detail the geographic 

outlines of the area.

d. A statement by the tribe’s legal counsel. This section contains 

legal certifications that the tribe has set up a structure that is legally 

authorized to perform the requested activities.

2. Other Documents 

a. Identification of the specific provisions for which delegation is 

requested. This will contain a list of federal statutes that the 

tribe wishes to implement on tribal lands.

b. Demonstration that the tribal agency has the technical 

capability and adequate resources to administer the FIP 

provisions for which the delegation is requested. This 

section contains lists of technical expertise and resources 

available to the tribe.

D. Elements of Agreement

E. Implementation of Agreement 

1. Tribal responsibilities

2. Tribal responsibility 

VII. Minor NSR TIP (TAS)

A. Options

1. Incorporation by reference

2. Complete new rule 

B. Process Description 

The general process timeline for getting your minor NSR TIP approved consists of the 

following steps:

• Develops the rule that contains the regulatory provisions of the program in consultation 

with appropriate stakeholders - community (including communities of concern), industry, 
academia, environmentalists and regulators. For programs that do not require regulations 

(e.g., education or incentive programs to reduce consumer power demands), then the 

appropriate authority must adopt an enforceable policy (or equivalent) to ensure the 

program is implemented.

• Prepare documentation to support the rule.

• Submit the rule and supporting documentation to the applicable EPA Regional Office.

• The EPA Regional Office reviews the tribal rule submittal for completeness and decides 

whether the rule submittal is complete.

• If the EPA Regional Office considers the tribal rule submittal to be incomplete, the EPA 

Regional Office will return the submittal. At this point, the tribe may revise the rule 

and/or documentation and resubmit the package.

• The EPA proposes the rule as a Tribal Implementation Plan revision in the Federal 

Register and solicits comments on the rule from the public. Based on the public’s 

comments, EPA may require that the Tribe make changes in the rule, prior to final 

approval.

• The EPA publishes the final approval of the (original or modified) rule in the Federal 

Register. Even though a Region may choose to use the direct final processing procedure 

for noncontroversial actions, it is very unlikely that any action using this policy will be 

noncontroversial.

C. Documents Needed 

1. Eligibility Statement 

a. statement that the applicant is a tribe recognized by the 

Secretary of the Interior; 

b. A descriptive statement demonstrating that the tribe is currently 

carrying out substantial governmental duties and powers over a 

defined area.

c. Specific geographical description of the tribe lands.

2. Other documents

a. proof that the rule was adopted by the tribal government, the 

date of adoption, as well as the effective date of the program, if 

this information is not already included in the program.

b. evidence that the program is consistent with the provisions of 

CAA Section 110(a)(2)(E).

c. a copy of the rule, indicating the changes made to the 

existing approved Tribal Implementation Plan where applicable. 

d. proof that the State adopted the measure/program into the 

appropriate State mechanism (e.g., your applicable tribal rules) 

and the date adopted.

e. proof the Tribe followed all the procedural requirements in the 

Tribe’s laws and constitution in conducting and completing the 

rule. 

f. proof that the Tribe gave public notice of the proposed changes 

consistent with procedures approved by EPA, including the date of 

publication of this notice.
g. Proof that the tribe held public hearings consistent with the 

information in the public notice and the Tribe’s laws and 

constitution.

h. Proof that the tribe established explicit procedures for including 

the public in the program implementation, to address any 

environmental justice issues.

D. Elements of Agreement – description and sample

E. Implementation Process

1. Tribal responsibilities

Transition

Long term 

Copies for Administrator

Once the Tribal Agency begins reviewing and issuing minor 

source permits, the tribal agency must provide to the Administrator 

a copy of each permit application (including any application for 

permit revision) and each draft permit if the agreement requires 

such transmittal unless the agreement waives this requirement. 

With the Administrator’s consent, the delegate tribal agency may 

submit to the Administrator a permit application summary form 

and any relevant portion of the permit application, in place of the 

complete permit application. To the extent practicable, the 

preceding information should be provided in electronic format as 

requested by the Administrator. 

Retention of records 

Where a delegate tribal agency prepares draft or final permits or 

receives applications for permit revisions on behalf of EPA, the 

records for each draft and final permit or application for permit r

evision must be kept by the delegate tribal agency for a period not 

less than 5 years. The delegate tribal agency must also submit to 

the Administrator such information as the Administrator may 

reasonably require to ascertain whether the delegate tribal agency 

is implementing and administering the delegated program in 

compliance with the requirements of the Act and of this program. 

2. EPA responsibilities 

Transition
(1) The Administrator will suspend the issuance of minor NSR 

permits under this program promptly upon publication of notice of 

approval of an implementation plan with a minor NSR permit 

program for that area. 

(2) The Administrator may retain jurisdiction over the permits for 

which the administrative or judicial review process is not complete 

and will address this issue in the notice of program approval. 

(3) After approval of a program for issuing minor NSR permits and 

the suspension of issuance of minor NSR permits by the 

Administrator, the Administrator will continue to administer minor 

NSR permits until permits are issued under the approved 

implementation plan program. 

Long term