United States Environmental Protection Agency
Air Quality Permit by Rule for New or Modified True Minor Sources of
Air Pollution in Indian Country
https://www.epa.gov/tribal-air/tribal-minor-new-source-review
Procedures to Address Threatened and Endangered Species and Historic Properties
for New or Modified True Minor Sources in Indian Country Seeking Air Quality
Permits by Rule
Last Modified: February 13, 2017
Version 1.0
This document provides procedures for new or modified true minor sources in Indian country seeking a permit by
rule to address threatened and endangered species and historic properties. In order to gain coverage under a permit
by rule you must address the attached procedures and obtain written confirmation from the U.S. Environmental
Protection Agency (EPA) that you have satisfactorily done so.
Instructions
Step 1: Submit the evaluation below to your reviewing authority (and also to the tribe in the area where the source is
locating), including providing appropriate documentation (i.e., completing the steps in Appendix A and B of this
document and the relevant supporting materials), demonstrating that you (1) meet one of the criteria listed in Appendix
A with respect to the protection of any and all species that are federally-listed as threatened or endangered under the
Endangered Species Act (ESA) or of habitat that is federally-designated as "critical habitat" under the ESA; and (2) meet
one of the criteria listed in Appendix B with respect to the National Historic Preservation Act (NHPA). You must obtain
written confirmation from the EPA that the threatened and endangered species and historic property screening
procedures processes have been satisfied prior to submitting your Notification of Coverage under the Permit by Rule.
Step 2: After receiving confirmation that you have successfully met the requirements of Step 1, complete all sectionsof
the Notification of Coverage Form under the Permit by Rule. If you have questions, please contact the reviewing
authority.
Step 3: Certify that your existing or proposed facility is/will be in compliance with the applicable requirements as stated
in 40 CFR 49.156(f) and 40 CFR 49.162 to 49.164 and submit a copy of the Notification of Coverage Form to the
reviewing authority and to the tribe in the area where the source is locating. Submittal of the Notification of Coverage
Form also satisfies the requirement that minor sources in Indian country register with the EPA.
After you submit the Notification of Coverage under the Permit by Rule to the Reviewing
Authority:
•	You may commence construction of your new source or modification under the Permit by Rule.
•	Your reviewing authority may request additional information from you in order to verify you are eligible for the
permit by rule.
' O \
IŪ I
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Summary of Evaluation of Threatened and Endangered Species and Historic
Properties for New or Modified True Minor Sources in Indian Country Seeking Air
Quality Permits by Rule
Section 1: Contact Information
Business Name:
Site Address:
Send all correspondence regarding this evaluation to
(mailing address):
Contact for this notification:
Name:
Phone:
Email:
Section 2: Evaluation of Threatened and Endangered Species and Historic Properties
1.	Threatened and Endangered Species
Please indicate under which criterion in Appendix A you satisfy the procedures after evaluating the effects
on threatened and endangered species as a result of your construction, modification or operation of your new
or modified minor source of air pollutants. Be sure to include all documentation identified in Appendix A with
this evaluation.
~ a ~ B ~ c Qd Qe
2.	Historic Properties
Please indicate under which criterion in Appendix B you satisfy after evaluating the effects to historic
properties as a result of your construction, modification or operation of your new or modified minor source of air
pollutants? Be sure to include all documentation identified in Appendix B with this evaluation.
~ No historic properties affected ~ No adverse effects ~ Adverse effects
Section 3: Signature
Name:
Name:
(Signature)
(Print or Type)
Title:
Date:

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Appendix A - Threatened and Endangered Species Requirements
The purpose of this appendix is to assist you in completing the screening procedure for addressing threatened and
endangered species prior to submitting your Notification of Coverage under a permit by rule for new or modified
true minor sources in Indian country. In order to be eligible for coverage under a permit by rule, you must
demonstrate that you qualify under one of the criteria listed in this appendix with respect to the protection of
species that are federally-listed as threatened or endangered under the ESA or of habitat that is federally-designated
as "critical habitat" under the ESA.
This appendix provides you information on thefollowing:
•	Section 1: Listed Species Eligibility Criteria and
•	Section 2: Guidance for Determining Which Listed Species Criterion Applies.
Section 1: Listed Species Eligibility Criteria
To be eligible for coverage under a permit by rule, you must obtain confirmation from the EPA that you completed
thescreening procedure and meet one of the eligibility criteria listed below. You must also specify in your submittal
the basis for your selection of the applicable eligibility criterion and provide documentation supporting the criterion
selected. If you have not obtained confirmation from the EPA regarding listed species eligibility criteria, you will not
be eligible for coverage under a permit by rule, and you must apply for a site-specific permit.
Note: (1) Your determination must provide sufficient documentation to support your determination that you satisfy the
requirements of the particular criterion you have selected. (2) While coordination between you and the U.S. Fish and Wildlife
Service (FWS) and/or the National Marine Fisheries Service (NMFS; together, the "Services") is not necessarily required in all
cases, the EPA encourages you to coordinate with the relevant Service(s) and to do so early in the planning process prior to
submitting your Notification of Coverage.
You must comply with any applicable terms, conditions, or other requirements developed in the process of meeting
any of the eligibility criteria (A-E) in this section to remain eligible for coverage under a permit by rule. Documentation
of these requirements shall be maintained by the permittee for the duration of time the affected emissions unit(s) is
(are) covered under a permit by rule.
The following is a summary of the five eligibility criteria. See Section 2 for detailed instructions to determine which
criterion applies for your specific action:
Criterion A:
No federally-listed threatened or endangered species or designated critical habitat(s) of such species are likely to
occur within the action area for yourproject.1
Criterion B:
Federally-listed threatened or endangered species or their designated critical habitat(s) are likely to occur within the
actionarea of your source, but the construction and operation of your new minor source or construction and operation of
themodification to your existing minor source is not likely to adversely affect listed threatened or endangered species
1 Action area means all areas to be affected directly or indirectly by your project and may be broader than the immediate
project area [See, e.g., 50 CFR402.02],
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or critical habitat. This determination may include consideration of any air pollution controls or other changes to the
construction and/or operation ofyour new or modified source thatyou will adopt to ensure that construction, modification
and operation of your new or modified source are not likely to adversely affect listed species or critical habitat. To
make this certification, you must include the following in your documentation: (1) identify any federally-listed species
and/or designated critical habitat located within the action area of your source; (2) the distance between your site and
the listed species or designated critical habitat (in miles); and (3) any other information necessary (e.g., a detailed
map of the action area and supporting justification) to show that the construction/modification and operation ofyour
new or modified source are not likely to cause any adverse effects to the listed threatened or endangered species or their
critical habitat.
Criterion C:
Coordination between you and the Service(s) has been concluded or has addressed the effects of your new or
modified true minor source's construction/modification and operation on federally-listed threatened or endangered
species and federally-designated critical habitat. The coordination must result in a written concurrence from the
relevant Service(s) that your new or modified true minor source's construction/modification and operation are not
likely to adversely affect listed species or critical habitat. You must include copies of the correspondence between
yourself and the Service(s) with your submittal.
Criterion D:
Consultation between another Federal Agency and the Service(s) under section 7 of the ESA has been concluded. The
consultation must have addressed the effects of your true minor source's construction/modification and operation
on federally-listed threatened or endangered species and federally-designated critical habitat. The result of this
consultation must be either:
1.	A biological opinion that concludes that the action in question (taking into account the effects of your
source's construction/modification and operation) is not likely to jeopardize the continued existence of
listed species, or result in the destruction or adverse modification of critical habitat; or
2.	Written concurrence from the applicable Service(s) with a finding that the source's
construction/modification and operation are not likely to adversely affect federally-listed species or
federally-designated critical habitat.
You must include copies of the relevant documentation cited above in your submittal.
Criterion E:
You have obtained an incidental take permit from the Service(s) under section 10 of the ESA in connection with your
construction/modification and operation activities, and this permit addresses the effects of the source on relevant
federally-listed species and federally-designated critical habitat. You must include copies of the incidental take permit
and associated documentation and correspondence between yourself and the Service(s) with your submittal.
Section 2: Determining Which Criterion Applies
To qualify for a permit by rule, you need to meet one of the five criteria listed above. You must follow the
procedures in Steps 1 through 5 below to determine the listed species criterion, if any, under which your project is
eligible forpermit coverage.
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Step 1 - Determine if Previous or Separate Assessments Have Already Addressed YourSource.
You should first determine whether you are eligible to select either Criterion D or E based on an ESA section 7
consultation previously completed by another Federal Agency (Criterion D) or an ESA section 10 permit (Criterion
E)issued by the Service(s) as follows:
Meeting Criterion D: If consultation under section 7 of the ESA has been concluded in connection with another
Federal Agency's involvement with your source, you may be eligible to select Criterion D. To be eligible to select
Criterion D, you must confirm that all the following are true:
•	A consultation between a Federal Agency and the Service(s) under section 7 of the ESA has been concluded.
Consultations can be either formal or informal, and would have occurred in connection with a separate action
by a separate Federal Agency (e.g., as part of a separate Federal Agency's authorization for you to construct
or operate your business in Indian country). The consultation must have addressed the effects of the
construction, modification and operation of your new or modified source on all federally-listed threatened or
endangered species and all federally-designated critical habitat in your action area. The result of this
consultation must be either:
a.	A biological opinion that concludes that the construction, modification and operation of your new or
modified source is not likely to jeopardize the continued existence of any listed species, nor result in the
destruction or adverse modification of any designated critical habitat. The consultation must have
includedconsideration of the effects of your facility's emissions and other related activities on all listed
species anddesignated critical habitat in your action area; or
b.	Written concurrence (e.g., letter of concurrence) from the applicable Service(s) with a finding that the
construction, modification and operation of your new or modified source are not likely to adversely
affect listed species or designated critical habitat. The consultation must have included the effects of
your facility's emissions and other related activities on all the listed species and designated critical
habitat inyour action area.
•	The consultation remains current, in accordance with 50 CFR § 402.16; or, if re-initiation of consultation is
required (e.g., due to a new species listing or critical habitat designation or new information), such
reinitiatedconsultation is concluded, and the result of the consultation is consistent with the statements
above. Attach acopy of any consultation re-initiation documentation from the Service(s) or other consulting
Federal Agency.
If all of the above are true, you may select Criterion D. You must also provide a description of the basis for the
criterion selected. In your submittal you must also provide the Biological Opinion (or Public Consultation Tracking
System tracking number) or concurrence letter and any other documentation supporting your determination.
If any of the above is not true, you may not select Criterion D. For example: if the biological opinion or written
concurrence from the Service(s) did not include the effects of your source's air emissions or other-related activities
asdescribed above; or if the previous consultation covered some but not all of the listed species or critical habitat in
youraction area; or if the consultation is no longer current (e.g., due to new species listings); then you are not eligible
underCriterion D.
Meeting Criterion E: You have obtained an incidental take permit under section 10 of the ESA, and this permit
addresses the effects of the construction/modification and operation of your new or modified source on federally-
listed species and designated critical habitat in your action area.
You may rely on a section 10 permit that you have previously obtained so long as it addresses the
construction/modification and operation of your new or modified source and all federally-listed species and
designated critical habitat in your action area. (Note: If you do not hold a section 10 permit already, you can
consider obtaining one, however, it may be more efficient to instead meet the requirements for Criterion A, B or
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C as described in Steps 2 - 5.)
If you choose to apply for a new section 10 permit, you must follow applicable Service procedures (see 50 CFR §
17.22(b)(1) for FWS and § 222.22 for NMFS). Application instructions for section 10 permits for FWS and NMFS can
be obtained by accessing the FWS and NMFS websites
(https://www.fws.gov/permits/instructions/ObtainPermit.html and http://www.nmfs.noaa.gov) or by contacting
the appropriate FWS and NMFS regional office.
If the above is true, you may select Criterion E. You must also provide a description of the basis for the criterion
selected. In your submittal you must provide a copy of the permit issued by the Service(s).
If the above is not true, you may not select Criterion E at this time and must proceed to Step 2. For example, if a
permit has been issued under section 10 of the ESA, but the permit did not consider the effects of the facility's air
emissions and/or emission-related activities on all federally-listed species and designated critical habitat on your
species list, you are not eligible under Criterion E.
Step 2 - Determine if Listed Threatened or Endangered Species or their Designated Critical Habitat(s) are Likely to
Occur within the Action Area of your Minor Source.
You must determine, to the best of your knowledge, whether species federally-listed as either threatened or
endangered, or their designated critical habitat(s), are located within the action area of your minor source.2 This is a
two-step process. The first step is to determine your action area. When defining the boundaries of your action area, you
should take into account the following criteria:
•	Ground disturbance - Effects during construction, maintenance and operation of the facility should
be considered.
•	Changes in water quality/quantity (both surface and groundwater) - This would include effects that may
extend far beyond the footprint of the facility. An example may be stormwater runoff from impervious
surfaces (containing sediments or other contaminants) on the site that may reach water bodies (including
ditches that empty into water bodies) some distance from a facility. All receiving water bodies that could
receive pollutants from the facility's construction, maintenance, or operation should be included in the
action area.
•	Air Quality Impacts - Effects during construction, maintenance and operation of the facility should
be considered.
•	Lighting effects - Effects during construction, maintenance and operation of the facility should be
considered.
•	Noise Disturbance - Effects during construction, maintenance and operation of the facility should be
considered.
Note: If you have questions about determining the extent of the action area, you should coordinate with
the local Service field office as noted below. If site-specific conditions exist such that the action area would
be limited to the facility footprint, but that fact may not be obvious from a map or figure, submit a
narrative description of the action area in addition to a map for evaluation of the action area selected. To
determine the field office that corresponds to your project site, visit:
http://www.fws.gov/endangered/regions/index.html and http://www.nmfs.noaa.gov/ (underthe left tab
for "Regions").
2 For definitions of terms that you might encounter when addressing the listed species requirements, go to:
http://www.fws.gOv/midwest/endangered/glossarv/index.htmlandhttp://www.fws.gov/northeast/nvfo/es/actionarea.htm.
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After determining the boundaries of the action area, you will next determine if listed species and/or critical habitat are
expected to exist there. Relevant sources of information regarding the locations of listed species and critical habitats are
often organized along county and/or township lines. You should thus first identify the counties and/or townships within
which your action area is located. You would then consult relevant sources of information regarding the locations of listed
species and critical habitats. The local offices of the FWS and NMFS often maintain lists of federally-listed threatened
orendangered species on their Internet sites. For FWS terrestrial and aquatic species information, you can use the
FWS on- line mapping tool, the Information, Planning, and Consultation System, located at http://www.fws.gov/ipac/.
In most cases, listed species and designated critical habitat lists will allow you to determine if any such species or
habitat exists in your county or township. You can also find critical habitat designations and associated
requirements at 50 CFR Parts 17 and 226 (see http://www.ecfr.gov/cgi-bin/ECFR?page=browse). You may also
use the FWS Critical Habitat Portal (see http://criticalhabitat.fws.gov/crithab/).
•	If there are nojisted species or critical habitat in the counties/townships where your action area is
located, you may select Criterion A. You must also provide a description of the basis forthe criterion
selected orprovide documentation supporting the criterion selected in your submittal.
•	If there arejisted species and/or critical habitat in the counties/townships in your action area, you
shouldcontact your local FWS or NMFS office to determine if the listed species are known to exist within
the specific action area of your minor source and if any designated critical habitat areas overlap the action
area of your minor source.
o If your local FWS or NMFS office indicates that these species and/or critical habitat could exist within
the action area of your minor source, you must do one of the following to determine if the species
and/orcritical habitat may actually be present in or may use your action area:
Ķ	Conduct visual inspections. This method may be particularly suitable for sites that are smaller
in size or located in non-natural settings such as highly urbanized areas or industrial parks
where there is little or no natural habitat.
Ķ	Conduct a formal biological survey. In some cases, particularly for larger sites, biological
surveys may be an appropriate way to assess whether species are located within the action
area of your minor source. Biological surveys are frequently performed by environmental
consulting firms. A biological survey may in some cases be useful to conduct in conjunction
with Steps 3,4 or 5 ofthese instructions.
•	If, after performing one or more of the assessments above, you determine that there are no listed species
or critical habitat in your action area, you may select Criterion A. You must also provide a description of the
basis for the criterion selected or provide documentation supporting the criterion selected in your
submittal.
•	If listed species or critical habitat are located in your action area, then proceed to Step 3.
Step 3 - Determine if the Construction/Modification or Operation of Your New or Modified Minor Source is Likely to
Adversely Affect Listed Threatened or Endangered Species or Designated Critical Habitat
If in Step 2 you determine, based on communication with your local FWS or NMFS office, or otherwise, that listed
species and/or critical habitat could exist within the action area of your new or modified minor source, you must
next assess whether the construction/modification or operation of your new or modified minor source is likely to adversely
affect listed threatened or endangered species or designated critical habitat.
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Potential adverse effects from construction/ modification and operation activities include direct and indirect effects
and could include, but are not limited to, the following:
•	Habitat Disturbance. Surface disturbance activities such as excavation, site development, grading, and associated
light and noise may adversely affect listed species or theirhabitat.
•	Operation of the Source. Source operations could result in additional traffic, noise and light that could affect
species or habitat.
•	Water-Related Impacts. Changes in water usage or water discharges may affect listed species or theirhabitat.
•	Air Emission Impacts. Increases in emission of certain pollutants may in certain cases affect vegetation growth
patterns that can affect listed species or their habitat.
The scope of effects to consider will vary with each site and project. If you are having difficulty determining whether
your project is likely to adversely affect listed species or critical habitat, or one of the Services has already raised
concerns to you, you should contact the appropriate office of the FWS or NMFSfor assistance.
•	If adverse effects to listed threatened or endangered species or their critical habitat are notjikely, then you
may select Criterion B. You must provide the following specific information with your submittal:
1. The federally-listed species and/or designated habitat that are located within the action area of your minor
source;
2	. The distance between your site and the listed species or designated critical habitat (in miles); and
3	. Any other information necessary to show that the construction/modification and operation of your source are
not likely to cause any adverse effects to the listed threatened or endangered species or their critical habitat.
• If adverse effects to listed threatened or endangered species or their critical habitat are likely, you must
follow Step 4 below.
Step 4 - Determine if Measures Can Be Implemented to Avoid Adverse Effects.
If you determine in Step 3 that adverse effects from the construction/modification or operation of your new or modified
minor source are likely to occur, you can still select eligibility Criterion B if you undertake appropriate measures to avoid
or eliminate the likelihood of adverse effects prior to seeking coverage under the permit by rule.These measures may
involve relatively simple changes to construction activities such as re-routing construction to bypass an area where species
are located, relocating source activities, or modifying the "footprint" of the site.
•	If you are able to implement appropriate measures to avoid the likelihood of adverse effects, then you may
select Criterion B. The measures you adopt to avoid or eliminate adverse effects must be implemented for the
duration of the construction/modification and operation of your new or modified minor source and your
coverage under this permit by rule. You must also provide a description of the basis for the criterion selected,
and the following specific information in your documentation: (1) the federally-listed speciesand/or
designated habitat that are located within the action area of your minor source; (2) the distance betweenyour
source and the listed species or designated critical habitat (in miles); and (3) what steps were or will be taken
to avoid the likelihood of adverse effects.
•	If you cannot determine sufficient measures to implement to avoid the likelihood of adverse effects, yo u
must follow the procedures in Step5.
Step 5 - Coordinate with the Service(s).
If in Step 4 you cannot determine sufficient measures to avoid the likelihood of adverse effects, you must contact the
applicable Service(s). You may still be eligible for coverage underthe permit by rule if the likely adverse effects can be
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addressed through meeting Criterion C.
• Criterion C: You have coordinated with the Service(s) and have addressed the effects of the
construction/modification and operation of your new or modified minor source on federally-listed threatened
or endangered species and federally-designated critical habitat. The Service(s) must provide written
concurrence that the construction/modification and operation of your new or modified minor source is not
likely to adversely affect listed species or critical habitat.
o If you have obtained the Service(s) written concurrence as described above, then you may select Criterion C.
As part of your submittal, you must provide a description of the basis for the criterion selected or must
include copies of the correspondence between you and the applicable Service(s).
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Appendix B - Historic Property Screening Process
Section 1: Background
The purpose of this appendix is to assist you in completing the screening procedure for addressing historic properties
that are either listed on, or eligible for listing on, the National Register for Historic Places prior to submitting your
Notification of Coverage under a permit by rule for new or modifiec
true minor sources in Indian country. In order to be eligible for
coverage under a permit by rule, you must demonstrate that you
qualify under one of the criteria listed in this appendix with respect
to the protection of historic properties underthe NHPA.
To address any issues relating to historic properties, the EPA has
developed the screening process in this appendix to enable source
owners/operators to: (1) appropriately consider the potential
impacts, if any, resulting from the construction, modification, and/or
operation of a new or modified emission source on historic
properties and, (2) if applicable, determine whether actions can be
taken to mitigate any such impacts. Although each decision that a
specific minor source meets the requirements for coverage under this
permit by rule does not constitute a separate Federal undertaking,
the screening process in this appendix provides an appropriate site-
specific means of addressing historic property issues in connection
with coverage under a permit by rule.
If the impacts from your source have already been reviewed under another Federal agency's approval process (e.g., the
Bureau of Indian Affairs authorizing operation of your source in Indian country) then documentation from that review
may satisfy the requirements of this section. In some cases, the review by another agency will have evaluatedthe
impacts from site disturbance activities (e.g., site clearing), but not from air emissions. In such casessupplemental
evaluation may be required to complete the analysis.
Section 2: Instructions for Source Owners/Operators
You are required to follow the screening process in this appendix to determine if the construction, modification or
operation of a new or modified minor source of air pollutants on your site has the potential to cause effects to historic
properties, and whether or not you need to contact your State Historic Preservation Officer (SHPO), Tribal Historic
Preservation Officer (THPO), or other tribal representative for further information. You may not submityour
Notification of Coverage under a permit by rule until you have completed this screening process and obtained
confirmation of satisfactory completion from the EPA. The following four steps describe how applicants can meet the
historic property requirements under this permit.
Step 1 - Have prior professional cultural resource surveys or other evaluations determined whether historic properties
exist in the area of your proposed source? Or, have prior earth disturbances precluded the existence of historic properties
in the area of your proposed source?
If it has already been determined that no historic properties exist in the area of your proposed source based
on available information, including information that may be provided by your applicable SHPO, THPO, or
other tribal representative, then you may submit the appropriate documentation of "no historic propertiesaffected"
with your submittal, and no further screening steps are necessary.
Key Terms
Historic property- prehistoric or historic districts,
sites, buildings, structures, or objects that are
included in or eligible for inclusion in the National
Register of Historic Places, including artifacts,
records, and remains that are related to and located
within such properties
SHPO- The State Historic Preservation Officer for
a particular state
THPO or Tribal representative- The Tribal Historic
Preservation Officer for a particular Tribe or, if there is
no THPO, the representative designated by such Tribe
for NHPA purposes
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Similarly, if earth disturbances that have occurred prior to your project have eliminated the possibility that historic
properties exist on your site or in the area affected by your new or modified minor source, then you may submit the
appropriate documentation of "no historic properties affected" with your submittal, and no further screening steps are
necessary.
During the 30-day period following receipt of your screening process documentation by the EPA, the SHPO, THPO, or
other tribal representative may request that the EPA deny coverage under a permit by rule based on concerns about
potential adverse impacts to historic properties. The EPA will evaluate any such request and notify you if anyadditional
information is needed to address adverse impacts to historic properties.
Step 2 - If you are constructing, or modifying a minor source of air pollutants, as defined in 40 CFR § 49.152, you must
determine if the construction, modification or operation of the minor source will have an effect on historic properties.
If your answer to the questions in Step 1 is "no," then you must assess whether the activities related to theconstruction,
modification or operation of your new or modified minor source will have an effect on historic properties. Activities that
could have an adverse effect on historic properties could include, for example:
•	Excavations;
•	Demolitions of existing buildings;
•	Construction of foundations (e.g., for buildings, tanks or stacks);
•	Installations of underground tanks;
•	Addition of impervious surfaces; and
•	Increases in truck traffic during excavation, demolition, or construction.
Note: This list is not intended to be exhaustive. Other activities that are not on this list may involve earth-disturbing
activities and must also be examined for their potential to affect historic properties. For more information, go to the
National Park Service, National Register of Historic Places database found at
http://www.nps.aov/history/nr/research/index.htm.
The assessment may be based on a site map of your source and an analysis of historical sources, knowledge of the area, an
assessment of the types of activities you are engaging in, considerations of any controls and/or managementpractices
you will adopt to ensure that your activities will not have an effect on historic properties, and any other relevant factors.
If you determine based on this assessment that the activities related to the construction, modification or operation ofyour
new or modified minor source will not cause effects to historic properties, then you may submit the appropriate
documentation of "no historic properties affected" with your submittal, and no further screening steps are necessary.
During the 30-day period following receipt of your screening process documentation by the EPA, the SHPO, THPO, or
other tribal representative may request that the EPA delay your coverage under a permit by rule based on concerns
about potential adverse impacts to historic properties. The EPA will evaluate any such request and notify you if any
additional information is needed to address adverse impacts to historic properties.
If you are installing or modifying equipment that has the potential to have an adverse effect on historic properties, then you
must proceed to Step 3.
Step 3 - If you are constructing or modifying a minor source and you have not satisfied the conditions in Steps 1-2, you
must contact and consult with the appropriate historic preservation authorities.
Where you are constructing or modifying a minor source and you cannot determine in Step 2 that this activity will not have
effects on historic properties, then you must contact the relevant SHPO, THPO, or other tribal representative to request
their views as to the likelihood that historic properties may be adversely affected by the construction, modification or
operation of your new or modified minor source.
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Note: Addresses for SHPOs and THPOs may be found on the Advisory Council on Historic Preservation's (AO-IP's) website
(http://www.achD.aov/proarams.html). In instances where a tribe does not have a THPO, you should contact the
appropriate Tribal government office designated by the tribe for this purpose when responding to this permit eligibility
condition.
You must submit the following minimum information in order to properly initiate your request for information:
1.	Project name (i.e., the name or title most commonly associated with your project);
2.	A narrative description of the project;
3.	Name, address, phone and fax number, and email address (if available) of the operator;
4.	Most recent U.S. Geological Survey map section (7.5-minute quadrangle) showing actual project location and
boundaries clearly indicated; and
5.	Sections of site map that show locations where activities might cause an adverse effect on historic properties.
Without submitting this minimum information, your request cannot be considered. You will need to provide the SHPO,
THPO, or other tribal representative a minimum of 15 calendar days after they receive these materials to respond to
your request for information about your project. You are advised to get a receipt from the post office or other carrier
confirming the date on which your letter was received.
If you do not receive a response within 15 calendar days after receipt by the SHPO, THPO, or other tribal representative of
your request, then you may indicate this in your submittal, and no further screening steps are necessary. Or, if the
applicable SHPO, THPO, or other tribal representative responds to your request with an indication that no historic
properties will be adversely affected by the construction or modification of your minor source, then you may submit the
appropriate documentation of "no adverse effects" with your submittal, and no further screening steps are necessary.
If within 15 calendar days of receipt of your request the applicable SHPO, THPO, or other tribal representativeresponds
with a request for additional information or for further consultation regarding appropriate measures fortreatment or
mitigation of effects on historic properties caused by the construction, modification or operation of yourminor source,
you must comply with this request and proceed to Step 4.
During the 30-day period following receipt of your screening process documentation by the EPA, the SHPO, THPO, or
other tribal representative may request that the EPA place a hold on authorization based on concerns about potential
adverse impacts to historic properties. The EPA will evaluate any such request and notify you if any additional information
is needed to address adverse impacts to historic properties before you can submit your Notification of Coverage.
Step 4 - Consultation with your applicable SHPO, THPO, or other tribal representative.
If, following your discussions with the appropriate historic preservation authorities in Step 3, the applicable SHPO, THPO,
or other tribal representative requests additional information or further consultation, you must respond with such
information or consult to determine impacts and appropriate measures to mitigate such impacts to historic properties
that may be caused by the construction, modification or operation of your new or modified minor source site. If after
consultation it is determined that there will be no adverse effects to historic properties, then you may submit the
appropriate documentation of "no adverse effects" with your submittal, and no further screening steps are necessary. If as
a result of your discussions with the applicable SHPO, THPO, or tribal representative, you enter into, and comply with, a
written agreement regarding treatment and/or mitigation of impacts on your site, then you may submit the appropriate
documentation of "adverse effects" with your submittal.
If, however, agreement on an appropriate treatment or mitigation plan cannot be reached between you and the SHPO,
THPO, or other tribal representative within 30 days of your response to the SHPO, THPO, or other tribal
representative's request for additional information or further consultation, you may submit your screening process
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documentation, but you must indicate that you have not negotiated measures to avoid or mitigate such effects. You
must also include the following with yoursubmittal:
1.	Copies of any written correspondence between you and the SHPO, THPO, or other tribal representative; and
2.	A description of any significant remaining disagreements as to mitigation measures between you and theSHPO,
THPO, or other tribal representative.
During the 30-day period following receipt of your submittal by the EPA, the SHPO, THPO, ACHP or othertribal
representative may request that the EPA place a hold on confirmation based upon concerns regarding potential adverse
effects to historic properties. The EPA, in coordination with the SHPO, THPO, ACHP or other tribal representative, will
evaluate any such request and notify you if any additional measures to address potential adverse effects to historic
properties are necessary.
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