Southern Ute Indian Tribe

Southern Ute Indian Tribe

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Reviewing Authority

Program

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FEDERAL MINOR NEW SOURCE REVIEW PROGRAM IN INDIAN COUNTRY

Application for Synthetic Minor Limit

(Form SYNMIN)

Please submit information to:

[Reviewing Authority

Address

Phone]

A. GENERAL INFORMATION

Company Name (Who owns this facility?)

Facility Name

Company Contact (Who is the primary contact for the company that owns this facility?)

Title

Mailing Address

Email Address

Telephone Number

Facsimile Number

B. ATTACHMENTS

For each criteria air pollutant, hazardous air pollutant and for all emission units and air pollutantgenerating activities to be covered by a limitation, include the following:

Item 1 - The proposed limitation and a description of its effect on current actual, allowable and the potential to emit.

Item 2 - The proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and

assure compliance with the proposed limitation.

Item 3 - A description of estimated efficiency of air pollution control equipment under present or anticipated

operating conditions, including documentation of the manufacturer specifications and guarantees.

Item 4 - Estimates of the Post-Change Allowable Emissions that would result from compliance with the proposed

limitation, including all calculations for the estimates.

Item 5 - Estimates of potential emissions of Greenhouse Gas pollutants (GHGs).

[Disclaimers] The public reporting and recordkeeping burden for this collection of information is estimated

to average 6 hours per response. Send comments on the Agency’s need for this information, the accuracy

of the provided burden estimates, and any suggested methods for minimizing respondent burden, including

through the use of automated collection techniques to the Director, Collection Strategies Division, U.S.

Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.

Include the OMB control number in any correspondence. Do not send the completed form to this address.

Instructions

Submit this form in addition to FORM NEW.

1. Who Can Request Federally-Enforceable Limitations Under the Tribal NSR Authority?

The Tribal NSR Rule applies only to sources located within the exterior boundaries of an Indian

reservation in the United States of America or other lands as specified in 40 CFR part 49, collectively

referred to as “Indian country”. So, to use the authority in the Tribal NSR Rule to create federallyenforceable limitations, a source must be located within Indian country. Land ownership status (for

example, whether the land is owned by a Tribal member or whether the land is owned in fee or in trust)

does not affect how the rule applies.

2. Who Might Want to Request Federally-Enforceable Limitations?

The primary reason for requesting federally-enforceable limitations is to avoid an otherwise applicable

federal Clean Air Act program, rule or requirement. Many federal Clean Air Act programs use a

source’s “potential to emit” (PTE) air pollution to determine which rules or requirements apply. A

source’s PTE is based on the maximum annual operational (production, throughput, etc) rate of the

source taking into consideration the capacity and configuration of the equipment and operations.

Emission or operational limits can also be taken into consideration as maximums if they are federally

enforceable. So, using a synthetic minor NSR permit to establish federally enforceable limitations can

lower a source’s PTE and possibly allow the source to avoid certain federal Clean Air Act

requirements.

Three examples of federal Clean Air Act programs that use PTE to determine whether they apply are

(1) the Prevention of Significant Deterioration (PSD) construction permitting program, (2) the Title V

operating permit program, and (3) the Maximum Achievable Control Technology (MACT) program.

For example, existing sources that are considered “major” for Title V (meaning they have the potential

to emit air pollution at levels defined in that rule as “major”) must apply for a Title V operating permit.

If a source accepts a federally-enforceable limitation through a synthetic minor NSR permit that

reduces their PTE to below the “major” threshold, and the source does not meet any of the other

requirements that would trigger applicability to the part 71 program, then the source no longer needs a

Title V operating permit. When planning for the construction of a new source or expansion of an

existing source, a source can also accept limitations on PTE (using a synthetic minor NSR permit) that

allow the source to avoid PSD. Limitations on PTE can similarly help a source to avoid new MACT

standards that would otherwise apply to the source.

EPA Form No. 5900-246

Page 2 of 4

OMB Control No. 2060-0003

Approval expires 01/31/2023

3. Section B. ATTACHMENTS

This section lists the information that must be attached to the application form for each requested

limitation. The requested limitation(s) must be described for each affected emissions unit (or pollutantgenerating activity) and pollutant and must be accompanied by the supporting information listed on the

form and described below. Note that applicability of many federal Clean Air Act requirements (such as

Title V, PSD and MACT) is often based on source-wide emission levels of specific pollutants. In that

case, all emissions units at a source and all pollutants regulated by that given rule or regulation must be

addressed by this section of the application form.

Item 1 – The requested limitation and its effect on actual emissions or potential to emit must be

presented in enough detail to document how the limitation will limit the source’s actual or potential

emissions as a legal and practical matter and, if applicable, will allow the source to avoid an otherwise

applicable requirement. The information presented must clearly explain how the limitation affects each

emission unit and each air pollutant from that emission unit. Use the information provided in response

to Item 4 below to explain how the limitation affects emissions before and after the limitation is in

effect.

Item 2 – For each requested limitation, the application must include proposed testing, monitoring,

recordkeeping and reporting that will be used to demonstrate and assure compliance with the limitation.

Testing approaches should incorporate and reference appropriate EPA reference methods where

applicable. Monitoring should describe the emission, control or process parameters that will be relied

on and should address frequency, methods, and quality assurance.

Item 3 – The application must include a description and estimated efficiency of air pollution control

equipment under present or anticipated operating conditions. For control equipment that is not

proposed to be modified to meet the requested limit, simply note that fact; however, for equipment that

is proposed to be modified (e.g. improved efficiency) or newly installed to meet the proposed limit,

address both current and future descriptions and efficiencies. Include manufacturer specifications and

guarantees for each control device.

Item 4 – Any emission estimates submitted to the Reviewing Authority must be verifiable using

currently accepted engineering criteria. The following procedures are generally acceptable for

estimating emissions from air pollution sources:

1) Source-specific emission tests;

2) Mass balance calculations;

3) Published, verifiable emission factors that are applicable to the source (i.e., manufacturer

specifications);

4) Other engineering calculations; or

5) Other procedures to estimate emissions specifically approved by the Reviewing Authority.

Post-Change Allowable Emissions: A source’s allowable emissions for a pollutant is expressed in tpy

and generally is calculated by multiplying the allowed hourly emissions rate in pounds per hour (lbs/hr)

times allowed hours (which is the number of hours in a year) and dividing by 2,000 (which is the

number of pounds in a ton).

Item 5 – For any source wishing to obtain a synthetic minor limit for GHGs, please include in your

permit application estimates of the potential emissions of the following pollutants. More information

about GHG permitting and how to calculate CO2 equivalents (CO2e), the mass emissions of each

individual GHG adjusted for its Global Warming Potential (GWP), can be found at:

EPA Form No. 5900-246

Page 3 of 4

OMB Control No. 2060-0003

Approval expires 01/31/2023

https://www.epa.gov/sites/production/files/2015-07/documents/ghgguid.pdf. When consulting this

guidance document, note that only the “Tailoring Rule Step 1” PSD applicability provisions remain in

effect; the “Tailoring Rule Step 2” provisions no longer apply.

1. Carbon dioxide (CO2)

2. Methane (CH4) and its CO2e

3. Nitrous oxide (N2O) and its CO2e

4. Hydrofluorocarbons (HFCs) and its CO2e

5. Perfluorocarbons (PFCs) and its CO2e

6. Sulfur hexafluoride (SF6) and its CO2e

EPA Form No. 5900-246

Page 4 of 4