Southern Ute Indian Tribe

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 is divided into three separate programs and between the Southern Ute Indian tribe and the Environmental Protection Agency Region 8.  EPA retains the authority for Major NSR Permitting.  The Southern Ute Indian Tribe has delegation of the Minor NSR Permitting Program and the Federal Implementation Plan for Oil and Gas True Minor Sources.

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.  EPA retains the authority of the Major NSR program on the Southern Ute Indian Reservation.

For more information about PSD, visit the following links:

PSD – EPA Website
40 CFR Part 52 – PSD

Tribal Minor NSR Permitting

EPA promulgated the Tribal Minor NSR rule in 2011 (Review of New Sources and Modifications in Indian Country).  The final rule includes two rules, the Federal Minor New Source Review Program in Indian Country (40 CFR Part 49.151) and the Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector (40 CFR 49.101).

Forms:

New Source General Application Form
Synthetic Minor Limit Request Form
Existing Source Registration Form
Change in Ownership Form – Contact AQD for this form
Facility Closure Form – Contact AQD for this form
Permit Amendment Form – Contact AQD for this form
Facility Location change Form – Contact AQD for this form
Facility Contact Information Change Form – Contact AQD for this form

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

Oil and Gas FIP – EPA Website
FIP Fact Sheet
40 CFR Part 49 – Federal Implementation Plan – Final

Federal Implementation Plan for Oil and Gas True Minor Sources

The Southern Ute Indian Tribe was delegated authority to implement the Tribal Minor New Source Review (TMNSR) Program on June 11, 2024.  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 49.101. The FIP requires sources to submit a two-part registration for including an evaluation on threatened and endangered species and historic properties. 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.

Forms:

Procedures to Address Threatened and Endangered Species and Historic Properties
Oil and Natural Gas Minor Source Registration Part 1 Fillable Form
Oil and Natural Gas Minor Source Registration Part 2 Fillable Form

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

Tribal Minor New Source Review Program – EPA Website
NSR Fact Sheet
Eight Federal Rules – Summary Table
40 CFR Part 49 – Federal Minor NSR Rule – Final

NSR Permitting Contacts

Southern Ute Indian Tribe
Matt Wampler, Air Quality Program Manager – Permitting & Regulatory
970-563-2202

EPA Region 8
Claudia Smith, Tribal NSR and PSD Permit Lead
303-312-6520