This document summarizes the Tribal Minor New Source Review (NSR) Rule and its potential effects on oil and gas production. It provides an overview of the rule's history and requirements for permitting minor sources. The rule establishes permitting thresholds and timelines for site-specific permits, registrations, and general permits. Future EPA regulations on new source performance standards and maximum achievable control technology could allow certain emission controls to be federally enforceable without a permit, reducing the need for synthetic minor permits. The rule creates a permitting structure for minor sources to take credit for existing emission limits and controls.

1. Tribal Minor NSR Rule
- 40 CFR Parts 49 & 51
(Effects onOil& GasProduction)
By: Bret Gallo, Bison Engineering, Inc.

2. Outline
• History of Rules
• Overview of NSR Permitting Programs
• Permit Application Timelines
• Potential Effects of Proposed NSPS/MACT O&G Regulations
• Conclusion

3. History of Tribal Minor Source NSR Rule
• Proposed???:
• July 1, 2011: 40 CFR 49 and 51 was finalized
(published in the Federal Register).
• August 30, 2011: Rule goes into effect

4. Overviewof Tribal Minor NSR Program
• Major Sources (not under Minor NSR)
• Sources with actual emissions above the major source permitting thresholds
• 250 tons per year of any regulated criteria pollutant
• 25 tons per year of combination of all hazardous air pollutants (HAPs)
• 10 tons per year of any individual HAP
• Synthetic Minor Sources
• Major sources who limit their emissions (e.g., proposing operation limits,
emission limits, installation of control devices, etc.) to become emit less than the
major source permitting thresholds
• True Minor Sources
• Sources with uncontrolled potential emissions that are less than major source
thresholds without emission limits established by synthetic minor permits
• Sources Under Permitting Thresholds
• Must emit less than minor source thresholds

5. Minor Source Permitting Thresholds
Pollutant
Threshold
(tpy)
PM 10
PM10 5
PM2.5 3
SO2 10
NOx 10
VOC 5
CO 10
Lead 0.1
Fluorides 1
Sulfuric Acid Mist 2
H2S 2
Total Reduced Sulfur 2
Reduced Sulfur Compounds 2
Municipal Waste Combustor 2
Municipal Solid Waste Landfill 10

6. Permits Under the Minor NSR Rule
• Site-specific permits
• Case-by-case determinations of emission limits and/or controls
for True Minor Sources
• Registrations
• Used during 36 month phase-in process of True Minor Source
Permitting program and/or General Permits
• General Permits
• Developed for certain similar equipment types or facilities to
simplify issuance of the permit (permit-by-rule)
• Under consideration for Oil and Gas Production Facilities
• Synthetic Minor Permits
• Major sources that voluntarily accept emissions limitations so
that its PTE is less than the major source thresholds

7. Timeframes for Permit Processing
Site-specific permits:
Application Due: Pre-construction
Completeness Review: 45 days
Public Commend Period: 30 days
Final Due: 135 days (from
completeness review)

8. Timeframes for Permit Processing
Registrations (True Minor Sources):
• Existing sources before August 30, 2011:
• Registrations due March 1, 2013
• Constructed before September 2, 2014:
• 90 days after beginning operation
• Constructed after September 2, 2014:
• Site-specific application or General permit will fulfill previous
registration requirements

9. Timeframes for Permit Processing
General permits:
Application Due: Pre-construction
Completeness Review: 45 days
Public Commend Period: Conducted during permit
development
Final Due: 90 days (from request)

10. Timeframes for Permit Processing
Synthetic Minor permits:
Application Due: Pre-construction
Completeness Review: 60 days
Public Commend Period: 30 days
Final Due: w/in 1 year (from
completeness review)

11. Changes in FutureRequirements
Proposed new NSPS/MACT Regulations
Effects: New regulations will allow certain
controls, etc. to become federally
enforceable without a permit action;
therefore, may automatically make
major sources and synthetic minor
sources become true minor sources.
(No need for applying for permit to take credit for
the emissions reductions from certain controls)

12. Conclusion
• The requirement to apply for a major NSR permit has been in
existence since 1979. All oil and gas well production facilities
(with an uncontrolled PTE of 250 tpy) have always been
required to perform the same permitting processes in the
past, regardless if the Minor NSR Rule was established.
However, no guidelines and minor source permitting
processes/permits were established in order for operators to
request limits on their emissions and take credit for controls
that were already in place.
• The new Minor NSR Rule essentially creates the guidelines
and specific permitting processes/permit to take credit for
emissions limits, controls, etc.
• The Minor NSR program was finalized before the new
NSPS/MACT regulations; therefore, a gap in time exists where
a permit is needed to take credit for controls that will
eventually be federally enforceable without a permit.

13. Questions