---
kind: "section"
citation: "40 C.F.R. § 49.168"
title: "40"
number: "49.168"
heading: "Does this program apply to me?"
url: "https://uscodex.org/cfr/40/49.168"
---

# §49.168. Does this program apply to me?

- (a) In a nonattainment area for a pollutant in Indian country, the requirements of this program apply to you under either of the following circumstances:
  - (1) If you propose to construct a new major source (as defined in [part 51](/cfr/40/part51.md), Appendix S, paragraph II.A.4 of this chapter) of the nonattainment pollutant.
  - (2) If you propose to construct a major modification at your existing major source (as defined in [part 51](/cfr/40/part51.md), Appendix S, paragraph II.A.5 of this chapter), where your source is a major source of the nonattainment pollutant and the proposed modification is a major modification for the nonattainment pollutant.
- (b) If you own or operate a major source with a state-issued nonattainment major NSR permit, you must apply to convert such permit to a Federal permit under this program by September 4, 2012.
- (c) If you propose to establish a synthetic minor source or synthetic minor HAP source or to construct a minor modification at your major source, you will have to comply with the requirements of the Federal minor NSR program in Indian country at [§§ 49.151 through 49.165](/cfr/40/49.151..49.165.md) or other EPA-approved minor NSR program, as applicable.

## Notes

### Source

Source: 76 FR 38802, July 1, 2011, unless otherwise noted.

### Source

Source: 70 FR 18095, Apr. 8, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401, et seq.

### Source

Source: 63 FR 7271, Feb. 12, 1998, unless otherwise noted.