Tribal Permitting in Region 5

Region 5 implements the Tribal Permit Program for 35 Tribal Nations in Michigan, Minnesota and Wisconsin.

• EPA-Issued Air Permits 
• Region 5 Tribal Program Website

On this page:

• Introduction
• Application Submittal Instructions
• About Tribal Minor NSR
• Minor NSR Thresholds
• General Permits and Permits by Rule

Introduction

EPA issues Title V Operating permits to sources on tribal lands pursuant to 40 CFR Part 71.  Part 71 permits allow the source to operate if they are required to obtain a Title V permit.  See EPA’s Part 71 website for more information, including fees and application forms. 

EPA has authority to issue minor New Source Review permits (minor NSR) and Nonattainment New Source Review permits (Major Nonattainment NSR) on Indian country under 40 CFR part 49. EPA issues Prevention of Significant Deterioration (PSD) permits under 40 CFR 52.21 on Tribal Lands as well. This page focuses on the Tribal Minor NSR Permit Program. 

• Webinar - Federal Indian Country Major NSR Rule (pdf) (269.44 KB, 07/20/11)

About Tribal Minor NSR Permitting

EPA promulgated the Review of New Sources and Modifications in Indian Country(PDF)(62pp 497KB) on July 1, 2011. The final rule is a federal implementation plan (FIP) that outlines preconstruction permitting of air pollution control requirements for industrial facilities located in Indian Country.

The FIP includes two NSR rules for the protection of air quality in Indian country. One of those rules, known as the Tribal Minor NSR Rule, applies to new industrial facilities or modifications at existing industrial facilities with projected emissions that are more than the minor NSR thresholds but less than the major NSR thresholds, which are generally 100 to 250 tons per year (tpy).

The FIP allows EPA Region 5 to review applications for and issue minor NSR permits to industrial facilities within the federally-recognized external boundaries of 35 Tribal Reservations in the Region. The FIP also allows EPA to delegate that authority to tribes in the Region that request it and are able to demonstrate appropriate capability to implement the FIP. Additionally, the FIP can be replaced by an EPA-approved tribal implementation plan (TIP).

The Tribal Minor NSR program provides three options for obtaining permits:

• Site-Specific Permits: includes case-by-case determinations of the source emission limits as well as any control technology requirements
• General Permits: permits that have been developed for a number of similar equipment types or facilities to simplify the permit issuance process for facilities; or
• Synthetic Minor Permits: applies to a facility that has the potential to emit pollutants in amounts that are at or above major source thresholds, but has voluntarily accepted emission limits so that its potential emissions are below those thresholds, allowing the facility to avoid more stringent major NSR requirements of the Clean Air Act, such as PSD, and Title V Operating Permit requirements. This option is available to different types of facilities, including those that emit hazardous air pollutants so that they will not be subject to National Emissions Standards for Hazardous Air Pollutants, also known as Maximum Available Control Technology (MACT) standards, for major sources.

The permit issuance process includes public notice and comment requirements, as well as administrative and judicial review provisions.

Minor NSR Thresholds

Your potential regulated air pollutant emissions must be greater than the thresholds in the table below and less than the major NSR thresholds.

Table 1 to 40 CFR 49.153. Minor NSR Thresholds^a

^aIf part of a tribe's area of Indian country is designated as attainment and another part as nonattainment, the applicable threshold for a proposed facility or modification is determined based on the designation where the facility would be located. If the facility straddles the two areas, the more stringent thresholds apply.

^b In extreme ozone nonattainment areas, section 182(e)(2) of the Act specifies that any change at a major facility that results in any increase in emissions is subject to permitting. In other words, any changes to existing major facilities in extreme ozone nonattainment areas must comply with a "0" tpy threshold, but that threshold does not apply to minor facilities.

General Permits or Permits by Rule

General Permits or Permits by Rule are now available at EPA's Tribal Minor New Source Review web page for the following source categories:

• Hot Mix Asphalt Plants
• Stone Quarrying, Crushing and Screening Facilities
• Gasoline Dispensing Facilities
• Gasoline Dispensing Facilities on Tribal Lands in California
• Petroleum Dry Cleaning Facilities
• Auto Body Repair and Miscellaneous Surface Coating Operations
• Concrete Batch Plants
• Boilers and Emergency Engines
• Stationary Spark Ignition Engines
• Stationary Compression Ignition Engines
• Graphic Arts and Printing Operations
• Sawmill Facilities