1. Laura McKelvey OAQPS April 2014
Tribal Minor NSR
Laura McKelvey OAQPS
April 2014

2. Major Topics Applicability Registration requirements
Permitting requirements
General permits and permits by rule

3. Applicability

4. Applicability Bins Major source – apply for PSD or NA NSR permit
Synthetic minor – need limits to get out of major NSR
True minor - need to register by March 2013
Too small to be a minor – no action required

5. Applicability for Minor NSR
Applies to sources of “regulated pollutants” that are not major
Applies to sources with PTE below major source thresholds for PSD and NA NSR
Can be used to create synthetic minors
Does not apply to sources if PTE is below the minor source thresholds

6. Minor Source Applicability Thresholds

7. Applicability Issues for Minor NSR
Are some units or activities at the facility “exempt?”
Do fugitive emissions count towards PTE?
How do you calculate PTE when a minor source makes a modification?
Exempted sources (see appendix)

8. PTE and Fugitive Emissions
Fugitive emissions: those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Examples:
Aerosols
Quarries
Storage piles
Leaks or releases from valves, pumps, compressors, flanges

9. When to Consider Fugitives in PTE Calculation
Include fugitive emissions, to the extent they can be quantified, if the source belongs in one of the 28 source categories list at 40 CFR part 51, Appendix S, paragraph II.A.4(iii) or (b)(1)(iii)
Examples of listed source categories:
Fossil fuel-fired steam electric plants of more than 250 million Btu/hr heat input
Kraft pulp mills
Portland cement plants
Taconite ore processing plants
Listed source categories are found in the manual

10. PTE and Emergency Generators
Applies in lieu of approved exemption for emergency generators
May use default assumption of 500 hours per year instead of 8,760 hours per year
<500 hours per year may be used when justification can be provided

11. PTE and New Sources
For a new source, calculate the source’s total PTE for each pollutant and see if it meets or exceeds the minor source applicability thresholds
If any threshold is exceeded, source is subject to permitting requirements and must apply for a permit (if construction commences after )

12. Synthetic Minor Sources
Registration and Permit Application Requirements for Sources in Indian Country
Size of Source
Major Sources
Synthetic Minor Sources
True Minor Sources
Extent of construction or modification
New Major Source in Attainment Area
New Major Source in Non-Attainment Area
Major Mod of Existing Major Source
Minor Mod of Existing Major Source
Existing * Synthetic Minor
New or Modified Synthetic Minor Source
Existing* True Minor Source
New or Modified** True Minor Source
Applicable permit program
PSD
NA NSR
PSD or NA NSR
Minor NSR
Preconstruction permit required
Yes
May need to apply for permit depending on how synthetic minor status was obtained No
Yes, sources that commence construction on or after must obtain a permit. Also if a general permit that applies to the source category is published in the Federal Register before , sources covered by the general permit must obtain a permit within 6 mos. of publication.
Registration required
Yes, register by
Yes, register by or within 90 days of commencing operation, whichever is later, if construction begins after and before

13. Timing Issues
Minor sources do not need to apply for permits for new construction or modifications unless construction starts after
Exception: minor modifications at major NSR and PSD sources

14. PTE and Modified Sources
For modifications at existing minor sources, use the allowable-to-allowable test:
Emissions increase = new allowable minus old allowable
For an emissions unit that was previously unpermitted or is being added, new allowable = PTE
For an emissions unit subject to an existing permit, old allowable = allowable limit in the permit.
If emissions increase meets or exceeds threshold, source must apply for permit for the modification (if construction commences after )

15. Exempted Modifications
These modifications are not subject to minor NSR:
Routine maintenance, repair or replacement
Routineness is determined on a case-by-case basis
An increase in the hours of operation or in the production rate that would be allowed under the existing permit
Change in ownership

16. Registration Requirement

17. Sources that Must Register by 3-1-13
Existing true minors (commenced construction before )
New or modified true minor sources that commence construction after and before
These sources do not ever need a permit unless they modify

18. True Minors that Commence Construction After 9-2-14
New sources or existing sources that plan minor modifications after must apply for a minor source permit

19. Registration Forms:
Available at
EPA has developed emissions calculators to help applicants estimate their emissions for certain source categories
Regional Offices may require information in addition to the information contained in the emissions calculators

20. EPA’s Emissions Calculators
EPA has made spreadsheet-based calculators available at
for:
Gas stations, dry cleaning operations, auto body shops, sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines
Output Summary Printout page indicates whether the source needs to register

21. EPA Emissions Calculators
EPA has made spreadsheet-based calculators available at
Calculators are available for some of the common source categories in Indian country:
Gas stations, dry cleaning operations, auto body shops, sawmills, landfill operations, hot-mix asphalt plants, concrete batch plants, printing operations, rock crushing and stone processing operations, surface coating operations, degreasers/solvents/cleaners, industrial boilers, stationary internal combustion engines
Output Summary Printout page indicates whether the source needs to register

22. EPA Emissions Calculators
Information required
Facility contact information
Attainment status of source’s area
Facility usage (hours of operation, fuel usage, number of units processed, etc.)
Emission controls and operational restrictions
Filling in the above information leads to completed Total Emissions and Output Summary Printout pages

23. Permitting Requirements

24. Major Requirements of Minor NSR Rule
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

25. Kinds of Minor NSR Permits
Source-specific for true minor
Source-specific for synthetic minor
General Permit
Permit by Rule (proposed)

26. Minor NSR Permitting Process

27. Application Process – True Minor
Fill out New Source General Application Form
Narrative description of the production process, with flow chart
Processing, combustion, handling, storage, and emissions control
List of emissions units
Types and quantities of fuels and/or raw materials to be used
Air Quality Impact Analysis (in some cases)
Identify Endangered Species
Identify resources protected by National Historic Preservation Act

28. Air Quality Impact Analysis (AQIA) aka Modeling Analysis
EPA will require an AQIA if:
There is concern about keeping an area in attainment status, or
It’s necessary to accurately assess the source’s adverse air quality effects
If AQIA reveals that source could cause or contribute to a NAAQS/PSD increment violation, such adverse impacts must be reduced before the permit is issued

29. AQIA Factors that can make AQIA requirement more likely:
Poor dispersion characteristics such as rain caps, horizontal stacks, fugitive releases, or building downwash
Complex terrain
Area has existing air quality concerns
Modeling process
Qualitative assessment
Screening analysis
Refined modeling
PSD increment and NAAQS analysis
Additional Impact Analysis

30. Endangered Species Act (ESA) Analysis
ESA requires EPA to ensure its permits will not likely jeopardize listed species or critical habitats
Permit applicants can get local listed species from
If required, EPA will consult with U.S. FWS and/or NOAA before permit issuance

31. National Historic Preservation Act (NHPA) Analysis
NHPA requires EPA to ensure its permits will not likely affect cultural resources.
Permit applicants can get listing of local resources at e=natreghome
If required, EPA will consult with State and/or Tribal Historic Preservation Officers.

32. Synthetic Minor Permits
Two forms to fill out
New Source General Application
Synthetic Minor Limit Application
Needs to include:
The requested limitation
How the limitation will affect actual or potential emissions
Monitoring, recordkeeping, and reporting to assure compliance with the limitation
Should include EPA Reference Methods when applicable
Should include frequency, methods, and quality assurance.

33. Synthetic Minor Permits
Needs to include (cont’d):
Description and estimated efficiency of pollution control equipment, if any
Calculations or test results that are the basis of the emissions estimates
Estimates of GHG pollutants

34. Public Notice
Public notice announces the 30-day opportunity to review the draft permit and/or request a public hearing
Unlike state NSR rules, notice of tribal NSR minor source permits must be mailed to:
Indian governing body
State/local air pollution authorities with jurisdiction

35. General Permits and Permits by Rule

36. Basics on General Permits (GPs) and Permits by Rule (PBR)
Protect air quality while simplifying the permit process for similar minor sources
In the minor NSR context, these are preconstruction permits that cover pollution sources that have similar pieces of equipment and similar control requirements
Both contain a standard set of requirements that apply to specific equipment or activities

37. More Basics on GPs and PBR
Generally intended to cover smaller sources of emissions
Facility must obtain permit before construction and comply with terms when operating
They are optional; facility can choose to go through the regular minor NSR permitting process instead

38. More Basics on GPs and PBR
Development:
Standardized terms and conditions are developed for a category of sources or pollutant-emitting activity
Public notice and comment occurs before EPA finalizes the permit
A final GP or PBR is final agency action
Permit terms:
Emission limits/requirements for control equipment, monitoring, record keeping and reporting requirements, etc.
General permits compared to PBR:
More complex operations
Permit applications from individual sources may require more source-specific information than application for PBR
Reviewing authority needs to conduct more involved review to evaluate whether individual source meets criteria in GP

39. Process for Source to Obtain Coverage
Source applies for coverage under the “umbrella” of the pre-established GP or PBR
Application requires less information than for a source-specific permit
Source must submit a copy of its request for coverage to the Tribe when it submits the request to the reviewing authority

40. Approval and Notification
Reviewing authority will issue an approval of the request for coverage if source qualifies
Reviewing authority will notify the public if it issues an approval of the request for coverage
Public can challenge whether sources qualifies for the GP or PBR, but may not challenge the terms and conditions of the permit
Public may be unaware of their review opportunities until the facility applies for coverage, which is too late to comment on the permit itself

41. General Permits and PBR will be Developed in Stages
Categories in Bundle #1
Gas dispensing facilities
Auto body and miscellaneous surface coating
Petroleum dry cleaners
Rock crushing facilities
Hot mix asphalt plants
Landfills
Categories in Bundle #2:
Boilers
Engines
Printing Operations (including degreasing/solvent cleaning)
Stone Quarrying and Processing
Concrete Batch Plant
Saw Mills
Bundle #3: Oil and gas operations and production

42. Public Involvement Process
To establish PBR, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing)
To establish GPs, EPA will conduct a rulemaking (with opportunity for public comment and to request a hearing) or will provide notice and 30-day comment period and opportunity to request a hearing

43. Hands On Activity – Draft Auto Body Permit
Look through the permit application
Look for the emissions limitations
Find the corresponding Monitoring and record keeping requirements
Discuss how the information in the application will be used to determine if the potential new source can use the general permit.

44. Summary

45. Summary
Minor NSR applies to sources with PTE below major source thresholds for PSD and NA NSR
Minor NSR permits can be used to create synthetic minors
Only true minor sources need to register
True minors don’t need to apply for a permit unless they construct or modify after
General permits and permits by rule reduce the time, expense and complexity of preparation and review of permit applications but have different review opportunities compared to regular minor source permits

46. Questions to Ask Related to Permit Review
How should my tribe prioritize review of synthetic minor and/or minor permits?
If a priority, how should the review(s) be focused?
Geographic areas
Impact on cultural resources or endangered species
Pollutant of most concern
Other concerns
How should my tribe prioritize review of registrations to assure completeness and accuracy?

47. Appendix

48. Exempted Units and Activities
Exempt units and activities:
Mobile sources (Note: mobile ≠ portable)
Ventilating units for comfort that do not exhaust air pollutants into the ambient air from any manufacturing of other industrial processes
Noncommercial food preparation
Consumer use of office equipment and products
Janitorial services and consumer use of janitorial products
Internal combustion engines used for landscaping purposes
Bench scale laboratory activities, except for laboratory fume hoods and vents

49. Proposed Exemptions
EPA’s proposed amendments to tribal NSR rules would add numerous exemptions, including:
Some emergency generators
Stationary internal combustion engines <50 hp
Furnaces or boilers used for space heating
Uses only gaseous fuel
10 mmBTU/hr heat input in AA, 5 mmBTU/hr in NAA
Single family residences and residential buildings with four or fewer dwelling units
Air condition units used for human comfort that do not exhaust air pollutants generated by manufacturing or industrial processes.
Forestry and silvicultural activities
Rule proposed on May 23, 2013.
Proposed exemption for emergency generators would apply if unit is designed solely for purpose of providing electrical power during power
Outages with capacity below 1,000 hp in attainment areas; below 500 hp in NAA
Does not include:
Peaking units at electric utilities
Generators at industrial facilities that typically operate at low rates, but are not confined to emergency purposes
Standby generator that is used during time periods when power is available from the utility.