United States Environmental Protection Agency

General Permit for New or Modified True Minor Sources of Air 

Pollution in Indian Country

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

Instructions: Gasoline Dispensing Facilities

Version 1.0

Last Modified: November 14, 2013

If you wish to notify the reviewing authority of your intent to operate under the ‘General Permit for New or 

Modified True Minor Source Gasoline Dispensing Facilities in Indian Country,’ please complete the form 

“Request for Coverage under the General Permit for New or Modified True Minor Source Gasoline Dispensing 

Facilities in Indian Country.”

This General 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 form. 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.
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3. Site Address: Provide the actual address of where the source is operating or will operate and not the 

mailing address. Include the state and the zip code.

4. County: Provide the county in which the source is operating or will operate.

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

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

site 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 and Technical Information for Submitting a Request for

Coverage under a General Permit

12. Description of Your Gasoline Dispensing Facility: Is your facility new or is this a modification to an 

existing facility? Is this facility a retail facility, or a non-retail 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 description for the facility (check all that apply):

 4471 NAICS (Gasoline Stations)

 44711 NAICS (Gasoline Stations without Convenience Stores)

 447110 NAICS (Convenience Stations with Convenience Stores)

 44719 NAICS (Other Gasoline Stations)

 447190 NAICS (Other Gasoline Stations)

 5411 SIC (Grocery Stores)

 5541 SIC (Gasoline Service Stations)

14. 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 
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located can be found at: http://www.epa.gov/airquality/greenbook/. Please contact your reviewing 

authority if you have questions above an area’s attainment status.

15. 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 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.

16. 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 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.

17. 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 the 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.

18. 40 CFR 49.162 Requirements: 40 CFR 49.162 specifies the requirements that apply to a new or modified 

gasoline dispensing facility. Some of these requirements are applicable to sources based on size and 

location of storage tanks, gasoline throughput, presence or absence of controls, and if your source is 

located in a serious, severe, or extreme ozone nonattainment area. Determine if your source is located 

in a serious, severe, or extreme ozone nonattainment area. Examine these requirements and determine 

if you are able and willing to comply with them. If you do not believe you can comply with these limits, 

you must obtain a site-specific permit from the reviewing authority.
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Section 3: Information on Compliance with Federal Statutes Necessary for Requesting 

Coverage under a General Permit

19. 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.

20. 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 4: Applicant’s Statement

Certify that the information supplied in the application is correct, then sign the document, print your name, and 

date the document in the spaces provided.