Southern Ute Indian Tribe

New Source Review Permitting

New Source Review Permitting

The New Source (NSR) permitting program was introduced as part of the 1977 Clean Air Act Amendments. NSR permitting is a pre-construction permitting program designed to protect public health and the environments, and specifically to:

  • Ensure that air quality is not significantly degraded where the air is currently clean (area attaining the National Ambient Air Quality Standards (NAAQS)); and
  • To improve air quality is areas that are not attaining the NAAQS.

NSR permitting authority on the Southern Ute Indian Reservation currently remains with the Environmental Protection Agency Region 8.

Tribal Minor New Source Review Program

Minor sources and minor modifications at a major source of air pollution on the Southern Ute Indian Reservation are regulated under the Tribal Minor Source Review (TMNSR) program at 40 CFR Part 49. The TMNSR program was promulgated in 2011 and provides a mechanism for a source to obtain authorization to construct though a site-specific permit or to accept federally enforceable requirements to become a “synthetic minor” source under NSR or the Title V permitting program. The program also includes general permits for six source categories.

For more information on the TMNSR permitting visit the following links:

Tribal Minor New Source Review Program – EPA Website

NSR Fact Sheet

40 CFR Part 49 – Federal Minor NSR Rule – Final

Federal Implementation Plan for Oil and Gas True Minor Sources

New or modified true minor NSR oil and gas sources in Indian Country may obtain coverage to construct under the Federal Implementation Plan For Oil and Gas True Minor Sources (FIP), codified at 40 CFR 49. The FIP, first implemented in 2016 requires sources to submit an application to EPA Region 8 to obtain coverage through the program. The FIP requires sources to comply with eight (8) specific federal rules if subject equipment is installed at new or modified oil and gas true minor sources.

For more information about the FIP, visit the following links:

Oil and Gas FIP – EPA Website

FIP Fact Sheet

40 CFR Part 49 – Federal Implementation Plan – Final

Major NSR Permitting

Major NSR sources and major modifications at major NSR sources are permitted through the Prevention of Significant Deterioration Program (PSD) at 40 CFR Part 52.

For more information about PSD, visit the following links:

PSD – EPA Website

40 CFR Part 52 – PSD

For questions regarding NSR permitting on the Southern Ute Indian Reservation, please contact Claudia Smith, EPA Region 8 – Tribal NSR and PSD Permits Lead, 303-312-6520