General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories, 25067-25108 [2015-09739]

Download as PDF Vol. 80 Friday, No. 84 May 1, 2015 Part III Environmental Protection Agency mstockstill on DSK4VPTVN1PROD with RULES2 40 CFR Part 49 General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories; Final Rule VerDate Sep<11>2014 20:02 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\01MYR2.SGM 01MYR2 25068 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–HQ–OAR–2011–0151; FRL–9919–85– OAR] RIN 2060–AQ95 General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories Environmental Protection Agency. ACTION: Final rule. AGENCY: The U.S. Environmental Protection Agency (EPA) is finalizing general permits for use in Indian country pursuant to the Federal Minor New Source Review (NSR) Program in Indian Country for new or modified minor sources in the following two source categories: Hot mix asphalt (HMA) plants; and stone quarrying, crushing, and screening (SQCS) facilities. The EPA is also finalizing permits by rule for use in Indian country for new or modified minor sources in three source categories: Auto body repair and miscellaneous surface coating operations; gasoline dispensing facilities (GDFs), except in California; and petroleum dry cleaning facilities. The EPA is also taking final action authorizing the use of general permits established under the program to create synthetic minor sources for the HMA and SQCS source categories. DATES: The final rule is effective on June 1, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2011–0151. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available e.g., CBI or other information whose disclosure is restricted by statute. SUMMARY: Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, the EPA/DC, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Christopher Stoneman, Outreach and Information Division, Office of Air Quality Planning and Standards, (C– 304–03), Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, telephone number (919) 541–0823, facsimile number (919) 541–0072, email address: stoneman.chris@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘reviewing authority,’’ ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. The information in this preamble is organized as follows: Table of Contents I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? II. Overview of the Final Rule III. Background A. Federal Indian Country Minor NSR Rule B. General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country—Proposed Rule IV. Final Rulemaking Action A. Permit Documents and Implementation Tools B. Requirements of the Endangered Species Act (ESA) and the National Historic Preservation Act (NHPA) C. Use of Streamlined General Permit Applications D. Administrative Aspects of General Permits E. Control Technology Review F. Use of Throughput Limits G. Setback Requirements H. Permit by Rule Regulatory Framework I. Use of General Permits and Permits by Rule To Create Synthetic Minor Sources J. Use of Both Permitting Mechanisms for Certain Source Categories K. Use of More Than One General Permit and/or Permit by Rule for a Source at a Single Location L. Additional Source Categories for General Permits and/or Permits by Rule M. Final Rule Changes to the Federal Indian Country Minor NSR Rule V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. General Information A. Does this action apply to me? Entities potentially affected by this final action consist of owners and operators of facilities included in the following source categories that are located, or planning to locate, in Indian country as defined in 18 U.S.C. 1151 where there is no EPA-approved program in place and that are subject to the requirements of the program: TABLE 1—SOURCE CATEGORIES North American Industry Classification System Industry category mstockstill on DSK4VPTVN1PROD with RULES2 HMA Facilities .......................................... Examples of regulated entities 324122 324121 212311 212312 212313 212319 212321 811121 332812 SQCS Facilities ....................................... Auto Body Repair and Miscellaneous Surface Coating Operations. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 PO 00000 Asphalt Shingles and Coating Materials Manufacturing. Asphalt Paving Mixture and Block Manufacturing. Dimension Stone Mining and Quarrying. Crushed and Broken Limestone Mining and Quarrying. Crushed and Broken Granite Mining and Quarrying. Other Crushed and Broken Stone Mining and Quarrying. Construction Sand and Gravel Mining. Automotive Body, Paint, and Interior Repair and Maintenance. Metal Coating, Engraving (Except Jewelry and Silverware), and Allied Services to Manufacturers. Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25069 TABLE 1—SOURCE CATEGORIES—Continued North American Industry Classification System Industry category GDFs ....................................................... 4471 44711 447110 44719 447190 812320 812310 Petroleum Dry Cleaning Facilities ........... This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be potentially affected by this action. To determine whether your facility could be affected by this action, you should examine the applicability criteria in the final federal minor NSR program for Indian country, 40 CFR 49.153. If you have any questions regarding the applicability of this action to a particular entity, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this final rule is posted in the regulations and standards section of our NSR home page located at https://www.epa.gov/nsr and on the tribal NSR page at https://www. epa.gov/air/tribal/tribalnsr.html. mstockstill on DSK4VPTVN1PROD with RULES2 II. Overview of the Final Rule In July 2011, the EPA issued the Federal Minor New Source Review Program in Indian Country rule 1 (the Federal Indian Country Minor NSR rule or Rule) that established, among other things, the requirements and process for the preconstruction permitting of minor sources in Indian country. Under the Rule, existing true minor sources were required to register with the EPA by March 1, 2013. True minor sources that commence construction after the Rule’s effective date must also register within certain timeframes spelled out in the Rule (40 CFR 49.160). In addition, beginning September 2, 2014, an owner or operator must obtain a preconstruction permit from the reviewing authority 2 if the owner/ 1 ‘‘Review of New Sources and Modifications in Indian Country,’’ U.S. Environmental Protection Agency, 76 FR 38748, July 1, 2011, https://www. federalregister.gov/articles/2011/07/01/2011– 14981/review-of-new-sources-and-modifications-inindian-country. 2 In this document, reviewing authority refers to an EPA Regional Office. However, tribes can VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 Examples of regulated entities Gasoline Stations. Gasoline Stations without Convenience Stores. Gasoline Stations with Convenience Stores. Other Gasoline Stations. Other Gasoline Stations. Dry Cleaning and Laundry Services (Except Coin-Operated). Coin-Operated Laundries and Dry Cleaners. operator will construct a new true minor source,3 will modify an existing true minor source in Indian country, or will modify an existing major source in Indian country. In addition, existing synthetic minor sources 4 beginning construction of minor modifications were required to obtain preconstruction permits under the rule beginning August 30, 2011. The rule also specified the process and requirements for using general permits as a streamlined permitting approach to authorize construction and modifications at true minor sources. General permits streamline the preconstruction permitting of new or modified true minor sources because they involve the issuance of one permit that can apply to multiple stationary sources that have similar emissions units. In today’s action, the EPA is finalizing the use of two types of minor NSR preconstruction permits to help streamline the EPA’s permitting of true minor sources—and synthetic minor sources in select source categories—that construct or modify in Indian country and belong to one of five different become reviewing authorities if they decide to assist the EPA with implementation of the minor NSR program in their area, and the EPA delegates the authority to assist the EPA to the tribe. 3 At 40 CFR 49.152(d), true minor source is defined as a source, not including the exempt emissions units and activities listed in § 49.153(c), that emits or has the potential to emit regulated NSR pollutants in amounts that are less than the major source thresholds in § 49.167 (Major NSR program for Nonattainment Areas) or § 52.21 (Prevention of Significant Deterioration program), as applicable, but equal to or greater than the minor NSR thresholds in § 49.153, without the need to take an enforceable restriction to reduce its potential to emit to such levels. The PTE includes fugitive emissions, to the extent that they are quantifiable, only if the source belongs to one of the 28 source categories listed in part 51, Appendix S, paragraph II.A.4(iii) or § 52.21(b)(1)(iii) of 40 CFR, as applicable. 4 At 40 CFR 49.152(d), synthetic minor source means a source that otherwise has the potential to emit regulated NSR pollutants in amounts that are at or above those for major sources in § 49.167, § 52.21 or § 71.2, as applicable, but that has taken a restriction so that its potential to emit is less than such amounts for major sources. Such restrictions must be enforceable as a practical matter. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 source categories. The first type of permit is a general permit. The second type is a permit by rule, which is another mechanism for streamlining the issuance of preconstruction permits. Permits by rule use a regulatory-type structure (i.e., the permit requirements are codified in the Code of Federal Regulations) to permit sources by preauthorizing construction and modification activities carried out in accordance with the codified requirements. To become covered by a permit by rule, as we are finalizing today, a source must notify the EPA that it meets the terms of coverage and is complying with the permit’s terms and conditions but does not need approval of a Request for Coverage. The source must also submit its Notification of Coverage Form in fulfillment of the minor source registration requirement in the Federal Indian Country Minor NSR rule (40 CFR 49.160(c)(1)(iii)). Once it has done so and the reviewing authority has posted the Notification of Coverage Form online, the source may commence construction of a new source or modification of an existing source. In this final action, we are finalizing general permits for HMA plants and SQCS facilities. We are finalizing permits by rule for GDFs (except for California), auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities.5 For permits by rule, we are finalizing the regulatory framework via rulemaking that: (a) Defines a permit by rule; (b) explains how we will issue them; (c) describes the process for granting coverage; and (d) provides the general and specific permit terms and conditions. For all of the permits we are finalizing today, we are providing the following implementation documents and tools: Questionnaires; Instructions; Potential to Emit (PTE) Calculators; and Background Documents. For the general permits we are finalizing today, we are 5 The general permits are available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at Docket ID No. EPA–HQ–OAR–2011–0151. E:\FR\FM\01MYR2.SGM 01MYR2 25070 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations providing Request for Coverage Forms (applications). For the permits by rule we are finalizing today, we are providing Notification of Coverage Forms.6 In this action, the EPA is also finalizing the use of general permits to create synthetic minor sources for the HMA and SQCS source categories. We have decided to issue final general permits for these two categories (and not the three others) that involve more complex operations and multiple pollutants because the general permit approval process provides an opportunity for case-specific reviewing authority review. Because permits by rule do not provide for the same level of review, the EPA is not finalizing the use of permits by rule to create synthetic minor sources. Finally, in this action we are promulgating three minor amendments to the Federal Indian Country Minor NSR rule. One amendment will allow sources to use a general permit immediately upon the permit becoming final.7 The second and third amendments ensure that it is clear the permit by rule is an option available to true minor sources that are required to obtain a minor NSR permit. III. Background A. Federal Indian Country Minor NSR Rule 1. What is the Federal Indian Country Minor NSR rule? On August 21, 2006, the EPA proposed the regulation: ‘‘Review of New Sources and Modifications in Indian Country’’ (commonly referred to as the Federal Indian Country NSR rule).8 Within this proposed regulation, the EPA proposed to protect air quality in Indian country, as defined in 18 U.S.C. 1151, by establishing a federal implementation plan (FIP) program to regulate, among other matters, the modification and construction of minor stationary sources consistent with the requirements of section 110(a)(2)(c) of the Clean Air Act (CAA). We refer to this part of the Federal Indian Country NSR rule as the Federal Indian Country Minor NSR rule. Under the Federal Indian Country Minor NSR rule, we mstockstill on DSK4VPTVN1PROD with RULES2 6 All of the implementation documents and tools are available online at: https://www.epa.gov/air/ tribal/tribalnsr.html. 7 Under the current Rule, a general permit becomes final either when the time for challenging the permit has expired or the review process for challenging a permit has been completed and the permit has been upheld. See 40 CFR 49.159. 8 ‘‘Review of New Sources and Modifications in Indian Country,’’ U.S. Environmental Protection Agency, 71 FR 48696, August 21, 2006, https://www. gpo.gov/fdsys/pkg/FR-2006-08-21/html/066926.htm. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 proposed to fill a regulatory gap and provide a mechanism for issuing preconstruction permits for the construction of new minor sources and certain modifications of major and minor sources in Indian country. We promulgated final rules on July 1, 2011,9 and the FIP became effective on August 30, 2011. The Federal Indian Country Minor NSR rule applies to new and modified minor stationary sources and to minor modifications at existing major stationary sources located in Indian country 10 where there is no EPAapproved program in place. Tribes can elect to develop and implement their own EPA-approved program under the Tribal Authority Rule,11 but they are not required to do so.12 In the absence of an approved tribal program, EPA implements this program. Alternatively, tribes can take delegation of the program from EPA and become the reviewing authority. Beginning September 2, 2014, any new stationary sources that will emit, or will have the PTE, a regulated NSR pollutant in amounts that will be: (a) Equal to or greater than the minor NSR thresholds, established in the Federal Indian Country Minor NSR rule; and (b) less than the amount that would qualify the source as a major source or a major modification for purposes of the 9 ‘‘Review of New Sources and Modifications in Indian Country,’’ U.S. Environmental Protection Agency, 76 FR 38748, July 1, 2011, https://www. federalregister.gov/articles/2011/07/01/2011-14981/ review-of-new-sources-and-modifications-in-indiancountry. 10 The Federal Indian Country Minor NSR rule defines ‘‘Indian country’’ to include three categories of lands consistent with 18 U.S.C. 1151, i.e., Indian reservations, dependent Indian communities, and Indian allotments. The U.S. Court of Appeals for the District of Columbia Circuit vacated the rule with respect to non-reservation areas of Indian country (i.e., dependent Indian communities and Indian allotments) (Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The court held that the state, not tribes or the EPA, has initial primary responsibility for implementation plans under Clean Air Act section 110 in nonreservation areas of Indian country in the absence of a demonstration of tribal jurisdiction by the EPA or a tribe. The rule, therefore, does not apply in non-reservation areas of Indian country unless a tribe or the EPA has demonstrated that a tribe has jurisdiction in a particular non-reservation area of Indian country. 11 To develop and implement an EPA-approved program, under the Tribal Authority Rule a tribe must meet four requirements: (1) be a federallyrecognized tribe, (2) have a functioning government, (3) have the legal authority and (4) have the capacity to run the program. For more information go to: ‘‘Indian Tribes: Air Quality Planning and Management,’’ U.S. Environmental Protection Agency, 63 FR 7254, February 12, 1998, https:// www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/983451.pdf. 12 Under tribal law, tribes can also establish permit fees under a tribal permitting program as do most states. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Prevention of Significant Deterioration (PSD) or nonattainment major NSR programs, must apply for and obtain a minor NSR permit before beginning construction of the new source. Likewise, any existing stationary source (minor or major) must apply for and obtain a minor NSR permit before beginning construction of a physical or operational change that will increase the allowable emissions of the stationary source by more than the specified threshold amounts, if the change does not otherwise trigger the permitting requirements of the PSD or nonattainment major NSR program(s).13 Among other things, the Federal Indian Country Minor NSR rule created a framework for the EPA to streamline the issuance of preconstruction permits to true minor sources by using general permits. 2. What is a true minor source and how does it differ from a synthetic minor source? ‘‘True minor source,’’ under the Federal Indian Country Minor NSR rule means a source that emits, or has the potential to emit, regulated NSR pollutants in amounts that are less than the major source thresholds under either the PSD Program at 40 CFR 52.21, or the Federal Major New Source Review Program for Nonattainment Areas in Indian Country at 40 CFR 49.166– 49.173, but equal to or greater than the minor NSR thresholds in § 49.153, without the need to take an enforceable restriction to reduce its PTE to such levels. A source’s PTE includes fugitive emissions, to the extent that they are quantifiable, only if the source belongs to one of the 28 source categories listed in part 51, Appendix S, paragraph II.A.4(iii) or § 52.21(b)(1)(iii) of 40 CFR, as applicable. By contrast, ‘‘synthetic minor source’’ means a source that otherwise has the potential to emit regulated NSR pollutants in amounts that are at or above those thresholds for major sources, but that has taken a restriction so that its PTE is less than such amounts. Such restrictions must be enforceable as a legal and practical matter. 3. What is a general permit? A general permit, for purposes of this action, is a permit document that contains standardized requirements that 13 A source may, however, be subject to certain monitoring, recordkeeping and reporting (MRR) requirements under the major NSR programs, if the change has a reasonable possibility of resulting in a major modification. A source may be subject to both the Federal Indian Country Minor NSR rule and the reasonable possibility MRR requirements of the major NSR program(s). E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations multiple stationary sources can use. The Federal Indian Country Minor NSR rule specified the process and requirements for using general permits to authorize construction and modifications at minor sources as a streamlined permitting approach. The EPA may issue a general permit for categories of emissions units or stationary sources that are similar in nature, have substantially similar emissions, and would be subject to the same or substantially similar permit requirements.14 ‘‘Similar in nature’’ refers to size, processes, and operating conditions. The purpose of a general permit is to provide for protection of air quality while simplifying the permitting process for similar minor sources. General permits offer a cost-effective means of issuing permits and provide a quicker and simpler mechanism for permitting minor sources than the sitespecific permitting process. While the final Federal Indian Country Minor NSR rule contemplated issuance of general permits by the EPA Regional Offices,15 we have determined (for the permits on which we are taking final action) that a nationwide action is appropriate. Through this action, we are finalizing general permits to serve as preconstruction permit authorizations that contain emission limitations and other restrictions to govern how sources construct, modify and operate. mstockstill on DSK4VPTVN1PROD with RULES2 4. What is a permit by rule? Like a general permit, a permit by rule is a standard set of requirements that can apply to multiple stationary sources with similar emissions characteristics. For purposes of this action, a permit by rule would differ from a general permit in that the agency would codify a permit by rule directly into the Federal Indian Country Minor NSR rule. The process for a source to gain coverage under a permit by rule is more streamlined compared to a general permit, or a sitespecific permit. The permits by rule program establishes a more streamlined notification of coverage process that allows an individual applicant to notify the reviewing authority that it meets the eligibility criteria for the permit and the permit conditions rather than have to go through a reviewing authority review and approval process. This ‘‘notification’’ process streamlines permitting for eligible sources and 14 ‘‘Review of New Sources and Modifications in Indian Country,’’ U.S. Environmental Protection Agency, 76 FR 38770, July 1, 2011, https:// www.federalregister.gov/articles/2011/07/01/201114981/review-of-new-sources-and-modifications-inindian-country. 15 If a tribe develops an EPA-approved implementation plan, then under that plan it could also issue its own general permits. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 makes it easier for the reviewing authority to implement the permit by rule program compared to traditional site-specific permits and standard general permits. B. General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country— Proposed Rule 1. What was in the proposed rule? On January 14, 2014 (79 FR 2545), the EPA published a proposed rule, ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country,’’ to simplify the CAA permitting process for five source categories: HMA plants, SQCS facilities, auto body repair and miscellaneous surface coating operations, GDFs (except in California), and petroleum dry cleaning facilities.16 The proposed action is intended to ensure that air quality in Indian country is protected by facilitating the implementation of the Federal Indian Country Minor NSR rule issued by the EPA in July 2011. As the preferred approach, the EPA proposed draft general permits for new or modified minor sources in the following five categories of emission sources: HMA plants, SQCS facilities, GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. As an alternative approach, we proposed a permit by rule for new or modified minor sources in three of the five source categories: GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. We also proposed five changes to the following provisions in the Federal Indian Country Minor NSR rule: § 49.151(c)(1)(iii)(B); § 49.156(e); and § 49.160(c)(1)(ii) and (c)(1)(iii). The changes are: (a) Shortening the general permit application review process from 90 to 45 days for certain source categories; (b) Adjusting the deadline by which minor sources covered by a general permit need to obtain a preconstruction permit; 16 On July 17, 2014, the EPA published a second proposed rule to simplify the permitting process for six source categories: Concrete batch plants, boilers, stationary spark ignition engines, stationary compression ignition engines, graphic arts and printing operations, and sawmills. This second proposed rule can found at: ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country,’’ 79 FR 41846, July 17, 2014, https://www.gpo.gov/fdsys/pkg/FR2014-07-17/pdf/2014-16814.pdf. EPA will finalize permits for these six source categories in a separate action. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 25071 (c) Extending the permitting deadline for true minor sources within the oil and gas source category; (d) Removing a provision to make clear that sources may seek coverage under a general permit as soon as it is effective and need not wait an additional 4 months; and (e) Adjusting the deadline for oil and gas sources for certain registrationrelated requirements to be consistent with the proposed permitting deadline extension. 2. Previously Finalized Actions From the January 14, 2014, Proposal In a final rulemaking dated May 22, 2014, and published June 16, 2014,17 the EPA amended the Federal Indian Country Minor NSR rule by finalizing the following three actions: • Adjusted the deadline by which minor sources covered by a general permit need to obtain a preconstruction permit by eliminating a requirement for all true minor sources that begin operation before September 2, 2014, to obtain a minor NSR permit 6 months after the EPA publishes a general permit (no general permits have been finalized to date, so the provision is now moot; item (b) above) (§ 49.151(c)(1)(iii)(B)); • Extended the permitting deadline for true minor sources within the oil and gas source category (item (c) above) (§ 49.151(c)(1)(iii)(B)); and • Adjusted the deadline for oil and gas sources for certain registrationrelated requirements to be consistent with the proposed permitting deadline extension (item (e) above) (§ 49.151(c)(1)(iii)(A); § 49.160(c)(1)(ii) and (c)(1)(iii)). IV. Final Rulemaking Action This section outlines the major areas where we sought comment in the January 14, 2014, proposal, highlights our responses and describes our final action in those areas. The complete Response to Comments Document (RTC) can be found in docket EPA–HQ–OAR– 2011–0151 and contains more detailed summaries of the comments we received and our responses to them. As noted in Section III. Background, we have already responded to some of the comments made on the January 14, 2014, proposal in the final action we took on May 22, 2014. In addition, as noted below, we will address comments related to the permitting of minor sources in the oil and natural gas sector in the context of the EPA’s follow up to 17 ‘‘Review of New Sources and Modifications in Indian Country Amendments to the Registration and Permitting Deadlines for True Minor Sources,’’ 79 FR 34231, June 16, 2014, https://www.gpo.gov/ fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf. E:\FR\FM\01MYR2.SGM 01MYR2 25072 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations an Advance Notice of Proposed Rulemaking 18 (ANPR). In the ANPR, we sought feedback on how to address minor source NSR permitting for oil and natural gas sources in Indian country. A. Permit Documents and Implementation Tools mstockstill on DSK4VPTVN1PROD with RULES2 1. Proposed Rule As our preferred approach, the EPA proposed general permits for use in Indian country pursuant to the Federal Indian Country Minor NSR rule for new or modified minor sources in the following five source categories: HMA plants, SQCS facilities, auto body repair and miscellaneous surface coating operations, GDFs, and petroleum dry cleaning facilities. In the alternative, we also proposed permits by rule for use in Indian country for new or modified minor sources for three of the five source categories: Auto body repair and miscellaneous surface coating operations, GDFs, and petroleum dry cleaning facilities. Overall, we sought comment on all aspects of the permit documents and implementation tools for these five source categories. Specifically, Section VI. Summary of Specific Terms and Conditions of the General Permits and Request for Comment of the January 14, 2014, proposal, provided a summary of the specific terms and conditions of the general permits and indicated specific areas where we requested comment. Detailed responses to the comments on the permits and related tools and documents are addressed in Sections 3.1 to 3.5 of the RTC Document.19 categories: Auto body repair and miscellaneous surface coating operations, GDFs, and petroleum dry cleaning facilities. These are available in this Federal Register notice and will be codified at 40 CFR 49.162. For all of these permits, the implementation tools and documents are available at: https:// www.epa.gov/air/tribal/tribalnsr.html. The tools and documents are: Request for Coverage Forms (applications for general permits); Notification of Coverage Forms (permits by rule); Questionnaires; Instructions; PTE Calculators and Background Documents. The following sections provide an abbreviated summary of significant comments on the proposed draft permits for the five source categories addressed in this final rule and our responses. In our final action, based in part on our review of the comments, we have made changes to the terms and conditions for the two draft general permits and the three proposed permits by rule and to the related implementation tools in the following areas: Setback requirements; throughput limits; various control requirements; and enhancements and clarifications to the implementation tools. 2. Final Action, Comments and Responses This section provides a brief summary of what the EPA considers to be the most significant comments received and our responses to those comments. Overall, on our January 14, 2014, proposal, we received 26 comments: 13 from industry (or their representatives), 11 from tribes (or their representatives), 1 from a local air quality agency and 1 from a state environmental agency. Overall, based in part on our review of the comments, in this final action the EPA is issuing general permits for two source categories: HMA plants and SQCS facilities. These are available at: https://www.epa.gov/air/tribal/ tribalnsr.html. We are also promulgating permits by rule for three source (a) Overview of Changes to Implementation Tools and Permits In response to public comments, we are making the following changes to the implementation tools: (1) Retitled the implementation tools for the three categories for which we are promulgating permits by rule to reflect that they are not general permits but are, in fact, permits by rule; (2) For the Notification of Coverage Forms for the three permits by rule we are promulgating today, we have added requirements for (a) a list of equipment that will be present at the new or modified source; (b) PTE; (c) at existing sources, estimated annual emissions based on actual operating conditions and equipment 20 to satisfy the minor source registration requirement of § 49.160; and (d) clarified that sources covered by the permits by rule must also register under § 49.160 and that submittal of the Notification of Coverage Form satisfies that requirement; (3) For the permits by rule, we have separated the screening processes from the Notification of Coverage Forms and created a separate document, ‘‘Procedures to Address Threatened and 18 ‘‘Managing Emissions from Oil and Natural Gas Production Indian Country,’’ 79 FR 32502, June 5, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-0605/pdf/2014-12951.pdf. 19 The document is available online at: https:// www.epa.gov/air/tribal/tribalnsr.html and at: Docket ID No. EPA–HQ–OAR–2011–0151. 20 Estimates of emissions take into account equipment, operating conditions, and air pollution control measures and are calculated using the actual operating hours, production rates, in-place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Endangered Species and Historic Properties for New or Modified True Minor Sources in Indian Country Seeking Air Quality Permits by Rule’’; (4) For the Request for Coverage Forms for the two general permits we are promulgating today, we have added a request for estimates of PTE and, at existing sources, actual emissions to satisfy the minor source registration requirement of § 49.160; clarified that sources covered by the general permits rule must also register under § 49.160 (submittal of the Request for Coverage Form satisfies that requirement); and added a section in which a source can list multiple source locations in which a portable source is planning to locate and for which it wants reviewing authority approval; (5) For the instructions and questionnaires, we have made the changes necessary to reflect the changes made to the Notification of Coverage Forms and Request for Coverage Forms; (6) For the questionnaires, to avoid confusion and redundancy with the eligibility criteria provided in the Notification of Coverage Forms and Request for Coverage Forms, we have removed the list of eligibility criteria at the front of the documents; and (7) For the background documents, we have made the changes necessary to reflect the changes made to permit requirements in areas such as setbacks and throughput limits (see Sections IV.F. and IV.G. below for more detail). In addition, we have made some changes in the permits being finalized in this action as a result of comments received on the July 17, 2014, proposed rule we issued for general permits and permits by rule in Indian country.21 These changes concern general provisions in the permits and, thus, need to be reflected in all of the final permits from both proposals. One commenter stated that the condition in the draft general permits concerning Notification of Change in Ownership is unclear in establishing whether it is the responsibility of the new permittee or the old permittee to comply with the notification requirements. The same commenter requested that certain conditions of the draft general permit be clarified to cover situations in which there is a change of operator, but the ownership of the equipment is the same. In response to the comments, the EPA has clarified in the permits for the five source categories covered by this action that it is the responsibility of the new 21 ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country,’’ 79 FR 41846, July 17, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/ 2014-16814.pdf. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations permittee to submit a written or electronic notice to the reviewing authority within 90 days before or after the change in ownership is effective. For the permits, we have also modified two Change in Ownership conditions 22 that appear in §§ 49.162(d)(5)(ii), 49.163(d)(5)(ii), and 49.164(d)(5)(ii) to include the word ‘‘operator’’ to clarify that these conditions also cover a change in operators where ownership of the equipment is the same. One commenter stated that the term ‘‘Responsible Official’’ should be defined to ensure truth, accuracy and completeness of required reports. In response to the comment, EPA has added a definition of Responsible Official to each of the final permits. Two commenters supported the proposed rule’s approach of requiring each source to post the current approval of the Request for Coverage and to label each affected emissions unit and associated air pollution control technology with the identification numbers listed in the approval. One commenter recommended that the General Permit and the most current approval of the Request for Coverage for the permitted source ‘‘must be made available immediately upon request,’’ as opposed to ‘‘must be posted.’’ The commenter stated that it was not necessary to label the air pollution control equipment as the description and serial numbers are provided in the application. The EPA acknowledges the support of the commenters with respect to posting the Approval of the Request for Coverage. Upon review of comments received related to the posting of the General Permit in addition to the Approval of the Request for Coverage, EPA is revising the permits to exclude the requirement that the General Permit must be posted. Posting of the Approval of the Request for Coverage is required under 40 CFR 49.156(e)(6), but the General Permit itself is not required under the regulation to be posted and only needs to be available on site as needed. Regarding the labeling of emission units and air pollution control equipment, identification and labeling of these units is needed to facilitate identification of equipment covered under the General Permit by any potential inspectors. Therefore, EPA is finalizing the labeling requirements as proposed. 22 The Change in Ownership condition in Section 6 of the proposed permits by rule has been dropped from the final permits by rule because there is no Approval of Coverage to change for permits by rule. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 (b) Hot Mix Asphalt Plants and Stone, Quarrying, Crushing, and Screening Facilities The EPA received numerous comments 23 on the draft General Air Quality Permit for New or Modified True Minor Source Hot Mix Asphalt Facilities in Indian Country and the related implementation tools. One commenter recommended that the EPA use South Coast Air Quality Management District (SCAQMD) documents to develop some of the standards for asphalt plant equipment. We did consider SCAQMD rules when we developed some of the nonattainment area emission requirements in the HMA general permit because many of the nation’s tribal nonattainment areas are in California. One commenter recommended that asphalt batch plants, process heaters, and storage tanks also be subject to Best Available Control Technology (BACT 24). We agree that additional requirements for combustion units and asphalts tanks at HMA plants planning to locate or modify in nonattainment areas is appropriate and, accordingly, have modified the HMA general permit to include additional requirements for combustion units and asphalt tanks for nonattainment areas. One commenter recommended that the EPA add a requirement for hot asphalt conveying, mixing, and truck load out to have ‘‘Blue Smoke Control.’’ The EPA considers the proposed opacity limits and weekly opacity monitoring requirements to be adequate for controlling visible emissions from HMA facilities. Two commenters stated that the requirements to submit annual compliance and deviation reports are overly cumbersome when compared to state requirements applicable immediately outside reservations. The EPA notes that the provision requiring submittal of annual compliance monitoring and deviation reports is included in the Federal Indian Country Minor NSR rule itself and is, therefore, properly included in general permits. Commenters noted that, while the EPA used existing state general permits as the standard for the proposed HMA general permit, it picked more stringent permit requirements from the state permits reviewed, and created overly burdensome and duplicative 23 Comments received on throughput limits and setback requirements for the HMA plants and SQCS facilities general permits are addressed in Sections IV.F. and IV.G., respectively. 24 For federal purposes, BACT is a requirement for major sources under the PSD Program. However, the term is being used as it is used by the SCAQMD air program in the context of minor source NSR permitting in nonattainment areas. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 25073 requirements, creating an economic disadvantage for operators on tribal lands. The EPA notes that the primary purpose of a preconstruction review program is to protect air quality. The EPA believes that establishing a reasonable level of equality between what is required of sources locating in Indian country and sources locating outside of Indian country is an important secondary consideration; however, it is challenging to develop a single general permit for use across all tribal lands that would adequately protect air quality and create a perfectly level playing field. Two commenters stated that the EPA failed to recognize that many HMA plants are portable in operation, and that the proposed general permit does not allow the flexibility necessary to easily relocate HMA plants. The EPA notes that the proposed HMA general permit includes provisions allowing relocation of the HMA facility as long as the alternate location(s) is (are) identified in the Approval of the Request for Coverage. For HMA facilities (and SQCS facilities), three commenters recommended that the EPA adopt an approach based on generalized relocation criteria that would not require identification of specific locations. The EPA disagrees with the commenters. The purpose of the preconstruction permitting program is to protect air quality and a determination of whether that goal is actually being met is dependent on knowing where a particular facility is going to be located. The EPA has, however, revised the Request for Coverage Form to clarify that the applicant may identify multiple locations for which the applicant is seeking coverage under the General Permit, including potential future locations. One commenter stated that requiring operators to submit to the EPA a notice of construction each time the facility begins or resumes operations provides unnecessary enforcement risk to operators on tribal lands and should be stricken from the proposed HMA general permit. The EPA considers these notifications necessary to document when the requirements in the permit become applicable. Two commenters recommended that the EPA recognize an existing stack test on the same facility approved by an adjoining state agency, as stack tests are expensive, and the HMA industry has thin (profit) margins, creating an economic disadvantage for operators on tribal lands. The EPA has determined that it will allow a previous performance test that meets the performance test requirements E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25074 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations identified in the HMA general permit to be used in lieu of an initial performance test, as long as conditions that might affect the facility’s performance have not changed since the previous performance test was conducted. One commenter stated that the restriction on HMA plants locating in severe and extreme ozone nonattainment areas and serious carbon monoxide (CO) nonattainment areas would place a restraint on any Indian tribe in these areas that might want to establish or attract an HMA plant for economic development purposes. The EPA notes that in severe and extreme ozone nonattainment areas, the air quality is already considerably degraded and that any additional impacts associated with a new facility must, therefore, be carefully evaluated before allowing construction to proceed. Although the EPA considered throughput limits for facilities locating in severe and extreme ozone nonattainment areas, we determined that these limits would need to be set at very low levels and would not provide sufficient flexibility for sources. The EPA revised the proposed HMA general permit to allow sources locating in serious CO nonattainment areas to be eligible for the permit, but maintained the exclusion for severe and extreme ozone nonattainment areas. Two commenters noted that the proposed HMA permit requirements create major-source like requirements for true minor sources and synthetic minor sources, and noted that the proposed HMA general permit is a very complex permit for a not very complex industry. The EPA believes that the conditions in the general permit for this source category are appropriate. The complexity of this source category is demonstrated by there being multiple pieces of equipment and/or processes and pollutants and it being typically collocated with SQCS facilities. Protecting air quality for sources in such a source category necessitates a more comprehensive and specific set of emissions limitations and standards and associated requirements. It is important to also keep in mind that a comparison of the requirements in the EPA’s proposed HMA general permit and the limits listed in Attachment A of the HMA background document 25 demonstrate that the EPA’s proposed general permit for HMA plants is not the most stringent, nor the least stringent, in the country for HMA plants. The EPA’s 25 The background documents are available online at: https://www.epa.gov/air/tribal/ tribalnsr.html and at Docket ID No. EPA–HQ–OAR– 2011–0151. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 limits on throughput, fuel use, fuel sulfur content, nitrogen oxides emissions, CO emissions, and particulate matter (PM) emissions for attainment, unclassifiable or attainment/ unclassifiable areas are all within the range of limits established by states in their general permits. Two commenters noted that the EPA did not provide any opportunity to use on-specification waste oil or used oil, which is common in the asphalt industry, and could create an economic disadvantage for operators on tribal lands. Another commenter stated that the HMA permit sulfur content limit for liquid fuels (<0.0015 percent sulfur) is a very stringent on-road fuel standard being applied to stationary or non-road equipment, and that this creates a disadvantage for operations on tribal land. The EPA has accounted for the use of waste oil and recycled oil in the definition of ‘‘distillate fuel’’ in Attachment B to the final General Permit.26 ‘‘Distillate fuel’’ is defined as ‘‘fuel oils, including recycled oils that comply with the specifications for fuel oil numbers 1 and 2, as defined by ASTM 396, or equivalent.’’ Regarding sulfur content limits, we have limited the sulfur content for all fuels used to less than 0.0015 percent sulfur in order to maintain consistency with the current fuel standards for sulfur in 40 CFR 80.510, which are already required for engines under NSPS subpart IIII (Stationary Compression Ignition Internal Combustion Engines) and National Emission Standards for Hazardous Air Pollutants (NESHAP) subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines). One commenter noted that the EPA created duplicative requirements for engines that already have extensive federal requirements applicable through EPA engine standards: NSPS, Maximum Achievable Control Technology (MACT), and on-road engine rules. The EPA acknowledges that the permit includes requirements for engines that are covered by NSPS and NESHAP engine rules. However, we did not simply duplicate the NSPS and NESHAP requirements in the permits. Instead, we conducted a case-by case control technology review of the source category and established engine requirements that are consistent with the NSPS and NESHAP requirements. This approach is consistent with the requirement of the Federal Indian Country Minor NSR rule, which requires that each permit include 26 The final general permits are available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at Docket ID No. EPA–HQ–OAR–2011–0151. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 applicable emission limitations that assure each affected emissions unit will comply with all requirements of parts 60, 61 and 63. One commenter stated that fuel consumption limits are overly burdensome and unnecessary for determining compliance with the HMA general permit, and recommended that they be removed from the General Permit. The EPA is retaining the fuel consumption limits in the final general permit in lieu of ton-per-year emission limits because tracking fuel use is easier for sources and, thus, reduces the burden of having to calculate and track emissions. Two commenters noted that the EPA did not provide any allowance or justification for not allowing wet scrubbers for particulate controls when they may be allowed on adjoining state lands, creating an economic disadvantage for operators on tribal lands. The EPA agrees with the commenter and has added provisions to the HMA general permit to allow for the use of a wet scrubber in appropriate circumstances. One commenter recommended that the EPA remove the provision requiring that extra bags and spare parts be maintained onsite, and allow operators the choice to shut down a facility that has a torn bag in the baghouse until a replacement is transported to the site. The EPA agrees with the commenter and has modified the permit to suggest the permittee maintain extra bags and spare parts on site to ensure timely repair. However, replacements bags can be transported on site when needed. In either case, the permittee must shut down the facility until a replacement bag is installed. The EPA received numerous comments on the draft General Permit for New or Modified True Minor Source Stone Quarrying, Crushing and Screening Facilities in Indian Country and the related implementation tools. Two commenters stated that a monthly total emissions limitation based on a 30day rolling total would be appropriate since an SQCS facility can relocate much like an HMA plant, and even perhaps to an area in nonattainment for PM10. One commenter recommended that, as an alternative, the EPA could retain the 12-month period limits on raw material throughput but establish different throughput production limits for areas in attainment and for areas in serious, severe, or extreme nonattainment for PM.27 The EPA has considered the commenters’ suggestion 27 Subpart 4, which contains the provisions governing requirements for PM nonattainment areas, provides for only moderate and serious classifications. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations and agrees that the approach used in the HMA general permit is appropriate for SQCS facilities since they often also need to relocate and are frequently collocated with HMA plants. The EPA replaced the proposed annual throughput limit with monthly throughput limits for both raw material and fuel. The limits are set at a level which will generally keep the combined emissions of a collocated SQCS facility and a HMA plant at a level that does not trigger title V applicability (see Section IV.K. Use of More Than One General Permit and/or Permit by Rule for a Source at a Single Location). The general permits for both HMA plants and SQCS facilities are written for use by both true minor sources and synthetic minor sources. The permits contain one set of requirements for each that apply to true minor sources and synthetic minor sources and include a margin of safety between the permitted throughput limit and the major source thresholds (see Section IV.I. Use of General Permits and Permits by Rule to Create Synthetic Minor Sources). In addition, the control technology determinations proposed are contained in the final general permits. They cover a myriad of emissions points at sources in these categories, including engines, mixers, dryers, and heaters. One commenter recommended that the EPA consider SCAQMD Rule 1157 to address particulate emissions from SQCS equipment. The EPA has reviewed Rule 1157 and notes that the draft permit conditions appear to be at least as stringent as those suggested by the commenter. One commenter noted that the draft general permit assumes that all engines used for this operation would be diesel-fired compression ignition engines and asked why provisions for spark ignition (SI) engines and the use of other fuels were not included. The EPA has not included provisions for SI engines in the final SQCS permit because the EPA believes that it is unlikely that many minor sources in this source category are using SI engines. Electricity for the motors running the crushers, screens, and conveyors at SQCS facilities is provided either by grid electric power or by diesel engines. Diesel engines are preferred in this source category because of their improved efficiency and reliability in these heavy work-intensive, industrial applications versus SI engines. In the EPA’s view, adding SI engines to the SQCS general permit is, therefore, not necessary. One commenter recommended that the general permit reference the specifics of compliance such as stack testing and emission limits to the NSPS VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 and MACT requirements in the federal regulations. The EPA notes that the emission limitations in the SQCS general permit are intended to ensure compliance with the applicable NSPS and NESHAPs for this source category, as required by the Federal Indian Country Minor NSR rule. However, the EPA’s pre-construction permitting program under the Federal Indian Country Minor NSR rule is not an operating permit program. The terms and conditions in permits issued pursuant to the Federal Indian Country Minor NSR rule are enforceable independent of the NSPS and NESHAP requirements. Two commenters stated that the requirements in the SQCS permit can be damaging to tribal member-owned companies and may cause them to go out of business. The EPA does not believe that the requirements in the SQCS permit will be damaging to tribal member-owned companies. During the development of the draft permit, the EPA conducted research to identify, review and incorporate similar throughput limits, fuel usage limits, fuel sulfur limits, fugitive dust suppression methods, and engine emission and opacity limitations in state-issued permits. Based on this analysis, we have determined that the emission limitations and controls proposed in the general permit for both attainment and nonattainment areas are consistent with what is required of similarly located SQCS facilities across the country and, therefore, would not present an unfair or undue burden for tribal memberowned sources. The EPA received comments on whether to establish a single, combined permit for HMA and SQCS facilities. One commenter stated its preference for a permitting approach that requires each HMA plant and SQCS facility to request coverage under its own general permit, rather than placing both sources under one general permit. Another commenter stated that collocation of HMAs and SQCSs is quite probable, but believed that they cannot be combined and permitted in one permit. One commenter did not support offering a single permit for both facilities because most often it would be two different companies. One commenter recommended that HMAs and SQCSs be permitted separately, but when operated at the same location and utilizing materials from one operation to another that they combine (and limit) the emissions (as if they were one source) to protect the airshed without creating an emissions loophole. Another commenter recommended that a single general permit should be issued PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 25075 covering sources that are co-located in addition to issuing separate general permits for each source, noting that the requirement for co-located sources would be used to ensure that the two sources’ combined emissions are below the major source thresholds. The EPA has considered the concerns and recommendations of commenters and has determined that it is appropriate to maintain separate permits for HMA and SQCS sources even when they are co-located. In the final HMA and SQCS general permits, however, the EPA is providing alternative throughput and fuel limits for instances where an HMA operation and an SQCS operation are co-located and the owner/operator wants to ensure that combined emissions are below the title V permitting thresholds. Each source should contact its reviewing authority if it intends to rely on the emission limitations and standards in the HMA and SQCS general permits to prevent having to obtain a title V permit. The Request for Coverage Forms were revised to allow applicants to request the co-location option. In addition, the co-location option for these source categories is not available in serious, severe and extreme ozone nonattainment areas. For severe and extreme areas, the co-location option is not available because the HMA general permit alone is not available in those areas because the major stationary source thresholds are very low in these types of areas, and we do not envision that any minor source HMA plants would be able to meet the thresholds through a general permit. Similarly, for serious areas, in trying to set co-location limits for these source categories that are set low enough to meet the 50 tons per year major source threshold for serious areas, we found that we would have to set the throughput limits at levels so low that we do not envision minor, co-located sources being able to meet the limits. In these cases, we believe that co-location is more appropriately handled for these sources thorough a site-specific permit. (c) Auto Body Repair and Miscellaneous Surface Coating Operations The EPA received numerous comments on the draft General Air Quality Permit for New or Modified True Minor Source Auto body Repair and Miscellaneous Surface Coating Operations in Indian Country 28 (the 28 The comments we received also apply to the Air Quality Permit by Rule for New or Modified True Minor Source Auto body Repair and Miscellaneous Surface Coating Operations in Indian Country that the EPA proposed in the alternative. E:\FR\FM\01MYR2.SGM Continued 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25076 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations Auto body General Permit) and the related implementation tools. One commenter recommended that, for ozone nonattainment regions, the EPA should consider requiring the most stringent emissions limitation or installation of BACT based on the requirements of the neighboring air district regardless of a facility’s PTE or throughput, and recommended that the EPA use the most recent version of the SCAQMD BACT requirements for serious, severe, and extreme ozone nonattainment regions. The EPA has incorporated many of the SCAQMD BACT 29 requirements, as well as amended volatile organic compound (VOC) content limits, into the Permit by Rule that we are finalizing for this source category versus a general permit. We did not include requirements for activities that we do not expect to be located at sources eligible for this permit by rule. One commenter stated that the materials-use provisions in the draft Auto body General Permit are unclear, while another commenter recommended that the EPA specify the coating VOC content limits in grams per liter or pounds (lbs) per gallon, excluding water. The EPA based the material-use provisions in the draft Auto body General Permit on a worst-case VOC content limit of 8.34 lbs per gallon and then limited use to 5,000 gallons of materials with a VOC content of 8.34 lbs per gallon or less per year. As recommended, the EPA has also specified coating content limits in grams per liter. One commenter recommended that an emission limit based on the Federal Indian Country Minor NSR rule ton per year permitting thresholds be used instead of a throughput limitation. The EPA chose to include limitations on material use in lieu of ton-per-year emission limits because tracking material use is easier for sources and, thus, reduces burden. The EPA’s research of state permitting programs indicates that states are using materialuse limits for these sources. One commenter recommended that the EPA consider adding a requirement that prohibits the use of automotive coatings that contain cadmium or chromium to help ensure adequate public health protection. The Federal Indian Country Minor NSR rule permitting program does not provide the EPA authority to regulate hazardous air In this final action, we are promulgating a permit by rule for the auto body source category. 29 For federal purposes BACT is a requirement for major sources under the PSD Program. However, the term is being used as it is used by the SCAQMD air program in the context of minor source NSR permitting in nonattainment areas. VerDate Sep<11>2014 20:02 Apr 30, 2015 Jkt 235001 pollutants (HAPs) other than through the issuance of a synthetic minor permit. Therefore, the content limits do not address cadmium or chromium. One commenter recommended that the EPA add limits and work practices for stripping operations in the permit. The EPA notes that the recommended limits for stripping operations primarily address HAPs. As the EPA lacks authority under the NSR program to impose such limits and the commenter did not provide information indicating that such work practices are necessary for other reasons, the EPA has not included limits or work practices for stripping operations. One commenter stated that the term ‘‘reasonable time’’ is subjective and not easily enforceable as it pertains to reviewing authority information requests of permittees. This commenter recommended that a specific time frame should be included in the permit. The EPA agrees with the commenter and replaced ‘‘reasonable time’’ with ‘‘30 days unless another timeframe is specified by the EPA.’’ We have made this change in all of the final permits in this action. One commenter recommended that the Auto body General Permit identify a specific test method to ensure consistency in determining the efficiency of filters used in conjunction with capturing paint overspray in enclosed painting areas. The EPA agrees and has revised the permit by rule accordingly. One commenter noted that airless and airassisted airless spray guns are not equivalent to high volume, low pressure (HVLP) spray guns and recommends that their use not be allowed under Section 2: Emission Limitations and Standards, Conditions 19 and 33 of the draft general permits, unless the spray gun manufacturer can demonstrate that their device is capable of achieving transfer efficiency comparable to that of an HVLP spray gun. The EPA agrees with the comment in the context of serious, severe, and extreme ozone nonattainment areas. The more stringent requirement recommended by the commenter will only apply to these nonattainment areas. For other areas, consistency with the spray gun requirements in 40 CFR part 63 Subpart HHHHHH is more appropriate. One commenter requested that the exemption for spray guns with a cup capacity of 3 fluid ounces or less be removed for facilities located in serious, severe or extreme ozone nonattainment areas. The commenter recommended continuing to exempt spray guns with this capacity used in air brush operations. The EPA agrees, and has PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 changed the permit by rule. One commenter recommended that the EPA require installation and maintenance of a pressure gauge across each filter bank. The EPA agrees, and has revised the permit by rule, accordingly. One commenter recommended that the EPA revise the definitions for ‘‘Air Brush Operations,’’ ‘‘Freeboard Area,’’ ‘‘Freeboard Height’’ and ‘‘Liquid Leak.’’ The EPA agrees that the suggested changes are appropriate and, therefore, revised the definitions as suggested, except for ‘‘Air Brush Operations’’ because the term is not included in any of the conditions of the final Auto body Permit by Rule. One commenter recommended that, in the surface coating permit, the expected transfer efficiency of the HVLP spray gun be defined. The EPA disagrees. The draft Auto body General Permit defines an HVLP spray gun consistent with 40 CFR part 63 Subpart HHHHHH, and we prefer to maintain consistency with this regulation. One commenter stated that the materials use provisions for cold cleaning solvent in the draft Auto body General Permit are unclear, and recommended that an emission limit be used instead. The EPA believes that the requirements are sufficiently clear and that the materials use requirements are preferable to an emission limit in this context because it is far easier for small sources to track material use than emissions. As a result, the EPA is retaining material use limits in the final permit by rule. One commenter requested clarification on whether sources that do not exceed the permitting limit in the Federal Indian Country Minor NSR rule, but are subject to the MACT, still need to obtain a general permit. In response, the EPA notes that sources that are subject to a NESHAP, but whose emissions do not exceed the permitting thresholds for the Federal Indian Country Minor NSR rule, are not required to obtain a minor source permit. One commenter stated that the Auto body General Permit requires the permittee to keep records of the VOC and HAP content of the solvent used in a solvent degreaser, but asked why the permittee would need to keep records when there are no limits on the VOC content of the solvents. The EPA agrees and revised these recordkeeping requirements to require the Material Safety Data Sheet (MSDS) to be maintained for each solvent degreaser, consistent with the requirements for other VOC-containing material in the permit. One commenter noted that, in the notification of construction or modification requirement, it is not clear E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations whether the notification required for beginning operations is within 30 days of start of construction or within 30 days after operations begin or resume. The EPA has revised the final Auto body Permit by Rule to clarify that the permittee must provide written notice within 30 days of beginning construction, and within 30 days of beginning initial operations or resuming operations after a modification. One commenter requested clarification on when the refresher training is required for spray booth operators. The EPA has updated § 49.162(f) to the final Auto body Permit by Rule to specify that training must be conducted within 180 days for new hires and that operators must be recertified at least every 5 years thereafter. mstockstill on DSK4VPTVN1PROD with RULES2 (d) Gasoline Dispensing Facilities The EPA received numerous comments on the draft General Air Quality Permit for New or Modified True Minor Source Gasoline Dispensing Facilities in Indian Country 30 (the GDF General Permit) and the related implementation tools.31 One commenter stated that, for GDFs, the percent onboard refueling vapor recovery (%ORVR) estimate seems optimistic, and that basing applicability on throughput based on those assumptions may under estimate source emissions. The EPA disagrees with the commenter. The EPA determined the %ORVR for the vehicle fleet based on an agency analysis using the 2012 memorandum, ‘‘Updated Data for ORVR Widespread Use Assessment,’’ 32 and believes this analysis is well substantiated. Therefore, the EPA has continued to rely on this analysis in establishing the throughput limits in the Permit by Rule that we are finalizing for this source category versus a general permit. One commenter supports the inclusion in the GDF General Permit of standing loss control (SLC) requirements for above ground storage tanks (ASTs) in those parts of Indian country that are located in serious, severe and extreme ozone nonattainment areas. The EPA has determined that SLC requirements for VOC emissions from ASTs should be 30 The comments we received also apply to the Air Quality Permit by Rule for New or Modified True Minor Source Gasoline Dispensing Facilities in Indian Country that the EPA proposed in the alternative. In this final action, we are promulgating a permit by rule for the GDF source category. 31 While we did not receive comments on setting a throughput limit for the GDF permit by rule for marginal and moderate ozone nonattainment areas, we are adding one for the GDF permit by rule for those areas (see Section IV.F. for a fuller discussion of throughput limits). 32 The memorandum can be found at: Docket Id. No. The EPA–HQ–OAR–2010–1076. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 applied to GDFs in Indian country serious, severe and extreme ozone nonattainment areas as we proposed. In doing this, the EPA has tried to balance the requirement to protect the National Ambient Air Quality Standards (NAAQS) with the desire to provide a level regulatory playing field. One commenter noted that the proposed GDF General Permit requires Stage I control for both underground and aboveground storage tanks and SLC for aboveground storage tanks, but that Stage II control is not required under the General Permit, even though Stage II control is still required in some states. The commenter recommended that the EPA require Stage II controls in states that still require Stage II controls, Phase II Enhanced Vapor Recovery (EVR) systems, and Phase II EVR systems in all serious, severe or extreme nonattainment areas. Another commenter recommended that the EPA require In-Station Diagnostics (ISD) for all GDFs that dispense more than 600,000 gallons per year. Another commenter recommended that vapor recovery systems be certified. The EPA previously issued a notice of final rulemaking to allow states to phase out Stage II controls for serious, severe and extreme ozone nonattainment areas (77 FR 28772, May 12, 2012). At that time, the Administrator made the determination that ORVR is in widespread use, and that Stage II controls could be removed to reduce costs for redundant control, as authorized under section 202(a)(6) of the CAA. The rule allowed, but did not require, states to discontinue Stage II vapor recovery programs. California has chosen to continue requiring the program. The additional emission reductions associated with the use of Stage II controls continue to be necessary and are required to be included in California plans for demonstrating how they will attain the NAAQS. We do not, however, anticipate any other areas in the country continuing to require Stage II controls at new or modified GDFs. Based on California’s decision to continue to require the use of Stage II controls, and the fact that such controls are not necessary in other areas of the country, we have, however, determined that the use of the proposed permit by rule, which does not include Stage II controls, in California is not appropriate. As a result, while the final permit by rule for GDFs will not include Stage II controls, sources located in California will not be eligible to use the permit by rule. This approach will allow EPA Region 9, the current reviewing authority in all areas of California, to PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 25077 develop a general permit or permit by rule for areas within California that is tailored to address the unique air quality concerns in that area of the country. Requirements for the use of ISD and the certification of vapor recovery systems are not included in this final permit as these requirements are associated with Stage II systems. One commenter supports the exemption for tanks with less than 250 gallon capacity. Commenters requested that the EPA modify several conditions in the draft GDF General Permit and Appendices to clarify control equipment requirements, add housekeeping measures, revise testing requirements, delete inconsistencies, and revise definitions. The EPA agrees with some of these requests and disagrees with others. The EPA made changes to the permit where we deemed that the change would strengthen the permit’s ability to protect air quality. One commenter requested that the EPA revise the monitoring requirements in the draft GDF General Permit to add a requirement for the daily visual inspection of equipment. The EPA revised the permit to include a requirement for a daily visual inspection of equipment in extreme ozone nonattainment areas. One commenter recommended that the EPA make several changes in the draft general permit to Attachment C: Vapor Balance System Design Criteria, Management Practices, and Performance Testing, Paragraph 11, relating to applicability, technical references, and certifications for ASTs. The EPA concurs and has made the changes. One commenter recommended that the MACT standard for GDFs, 40 CFR part 63, subpart CCCCCC, should be referenced in the GDF General Permit, and noted that the permit conditions in the draft general permit are more stringent than are the MACT requirements in some respects. The requirements included in the permit are intended to harmonize with the existing NESHAP rule to the greatest extent possible. We have tried to maintain consistency with 40 CFR part 63, subpart CCCCCC to streamline the permit and to reduce burden to sources who may need to comply with both requirements. More stringent requirements were included for GDFs in certain nonattainment areas to protect the NAAQS. (d) Petroleum Dry Cleaning Facilities The EPA received comments on the draft General Air Quality Permit for New or Modified True Minor Source Petroleum Dry Cleaning Facilities in E:\FR\FM\01MYR2.SGM 01MYR2 25078 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 Indian Country 33 (the Petroleum Dry Cleaning General Permit) and the related implementation tools. Two commenters agreed with the throughput limits and inspection requirements for dry cleaning facilities, while another commenter stated the inspection timeframes and repair deadlines for dry cleaning dryers were burdensome. One commenter recommended that the EPA include BACT 34 guidelines for new petroleum dry cleaning equipment in nonattainment areas identical to the SCAQMD BACT guidelines, while another commenter noted there would be costs associated with meeting the draft requirements for nonattainment areas in the permit. One commenter recommended that the MACT standard for dry cleaners be referenced in the General Permit. One commenter stated its belief that the draft permit conditions are more stringent than the MACT requirements, and recommended that the EPA remove any sections from the General Permit that duplicate the MACT rule. The EPA has determined that it will maintain the proposed throughput limits and inspection requirements in the Permit by Rule that we are finalizing for this source category versus a general permit. The EPA believes the timeframe for inspections and repair is reasonable, as these are equivalent to requirements in the Petroleum Dry Cleaners NSPS (40 CFR part 60, subpart JJJ). The EPA intended to include more stringent requirements for sources locating in certain ozone nonattainment areas. The EPA did not intend to include standards from the NESHAP standard for perchloroethylene dry cleaners (40 CFR 63, subpart M) in the permit by rule as the permit is not intended to regulate emissions of HAP. Instead, the EPA drew upon requirements from the Petroleum Dry Cleaners NSPS (40 CFR part 60, subpart JJJ) in establishing the requirements in the draft permit. The EPA believes that more stringent provisions are necessary in serious, severe, and extreme ozone nonattainment areas and has included such provisions in the final permit by rule. As these nonattainment provisions are largely drawn from state and local requirements, the EPA believes that the final permit conditions are reasonable 33 The comments we received also apply to the Air Quality Permit by Rule for New or Modified True Minor Source Dry Cleaning Facilities in Indian Country that the EPA proposed in the alternative. In this final action, we are promulgating a permit by rule for the petroleum dry cleaning source category. 34 For federal purposes BACT is a requirement for major sources under the PSD Program. However, the term is being used as it is used by the SCAQMD air program in the context of minor source NSR permitting in nonattainment areas. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 for areas with impaired air quality and consistent with the requirements in other areas outside of Indian country. B. Requirements of the Endangered Species Act (ESA) and the National Historic Preservation Act (NHPA) 1. Proposed Rule The ESA requires federal agencies to ensure, in consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service (the Services), that any action they authorize, fund, or carry out will not likely jeopardize the continued existence of any listed threatened or endangered species, or destroy or adversely modify the designated critical habitat of such species. Under relevant ESA implementing regulations, federal agencies consult with the Service(s) on actions that may affect listed species or designated critical habitat. The NHPA requires federal agencies to take into account the effects of their undertakings on historic properties— i.e., properties that are either listed on, or eligible for listing on, the National Register of Historic Places—and to provide the Advisory Council on Historic Preservation (the Council) a reasonable opportunity to comment on such undertakings. Under relevant NHPA implementing regulations, NHPA consultations are generally conducted with the appropriate Tribal and/or State Historic Preservation Officers in the first instance, with opportunities for direct Council involvement in appropriate circumstances. The Federal Minor NSR Program in Indian Country has increased the number of activities for which the EPA is the permitting authority. To ensure appropriate consideration of listed species and historic properties, we provided draft screening processes in Appendices A and B to the draft Request for Coverage Forms for the draft general permits that we made available for comment. 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received and our responses. Overall, as a result of the comments in this final action, we are largely retaining the processes we proposed, but with some important adjustments. In terms of process, as discussed in Section IV.H. Permit by Rule Regulatory Framework, we have modified the permit by rule process to require that a source planning to seek coverage under a permit by rule must first demonstrate it has adequately completed the screening processes for threatened and endangered species and PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 historic properties, and received a written letter from the EPA indicating that the processes have been satisfactorily addressed, prior to notifying the reviewing authority that it is covered under the permit by rule.35 (To this end, as noted above, for the permits by rule, we have separated the screening processes from the Notification of Coverage Forms and created a separate document, ‘‘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.’’) Responses to individual comments are set forth in Section 2.4 of the RTC Document. One commenter expressed support for requiring applicants to meet the screening requirements for protected resources. We note that the EPA has revised terminology in the screening procedures for the protected resource screening procedures to provide greater clarity, but has otherwise largely retained the proposed procedures. One commenter asked if the EPA will be including the endangered species and historic preservation requirements in all air permitting actions. At this time, the EPA is only requiring sources to complete threatened and endangered species and historic property screening procedures in order to obtain coverage under the general permits and permits by rule being finalized in this action. Any issues related to other air permitting action not included by this final action are beyond the scope of this action. One commenter inquired if the threatened and endangered species clause (i.e., the ESA) is also included in the title V permits. This rulemaking action is not within the scope of the title V permit program (i.e., sources in Indian country that are defined as major sources or otherwise required to obtain operating permits under 40 CFR part 71); thus, the comment is outside the scope of this action. One commenter requested clarification on which geographic areas the ESA ‘‘action areas’’ would encompass. For purposes of the listed species screening procedures, the EPA uses the definition of the term ‘‘action area’’ found in 50 CFR 402.02 of the ESA regulations; however, we have added additional information in the 35 In some cases, the EPA may delegate to an Indian tribe the authority to assist the EPA with administration of the Federal Indian Country Minor NSR rule (including the permits by rule). However, even where such a delegation occurs, the EPA will retain responsibility for providing notification to sources that the listed species and historic property processes have been satisfactorily addressed. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations screening process to further explain considerations in determining the action area. Multiple commenters expressed concerns about the ability of permit applicants to meet the time, expertise, and cost burdens associated with complying with the listed species and historic property screening requirements. The EPA understands that satisfactorily addressing the screening procedures for threatened and endangered species and historic properties will impose some burden on sources seeking permits. However, we have attempted to streamline the screening processes in order to minimize the effort needed to complete them. For example, both sets of procedures have been clarified to make more explicit that sources can rely on prior assessments performed by other federal agencies to satisfy the procedures. One commenter believes that it is not appropriate for the EPA to use a process to demonstrate compliance with the ESA and NHPA that is modeled after the National Pollutant Discharge Elimination System (NPDES) general permit for Stormwater Discharge from Construction Activities. The commenter requested that the EPA defer the regulation of ESA and NHPA to Federal Land Management Agencies (FLMs). The EPA believes that the screening procedures included in the general permits and permits by rule are appropriate means to ensure proper review of possible effects on threatened and endangered species and historic properties as sources seek coverage under the permits. Where available, and to avoid duplication of efforts, we believe it is appropriate for facilities seeking to be covered under the general permits or permits by rule to use listed species and historic property assessments, analyses, and outcomes obtained through the FLMs’ separate compliance with the ESA and NHPA in connection with their own actions to satisfy the relevant screening procedures of the minor NSR general permits and permits by rule. For the permits by rule, we have modified the protected resource procedures in Appendix A of the document titled ‘‘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’’ to clarify that this approach is the first consideration in the screening process. For the general permits, we have made the same change to the protected resource procedures that are attached to the Request for Coverage Forms. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 One commenter stated that, because no regulatory text has been provided with respect to the EPA’s proposed approach to addressing ESA and NHPA requirements, it is impossible to fully evaluate the EPA’s proposal. The commenter also noted that the EPA’s ESA/NHPA approach poses a number of potentially significant problems: (a) The proposed rule does not expressly address whether this rulemaking action is itself subject to the ESA and NHPA; (b) the process the EPA identifies for ensuring compliance with the ESA and NHPA involves requiring applicants to interface with the agencies responsible for guiding implementation of the ESA and NHPA in the absence of any procedure governing that interaction; (c) there are no clear timeframes for these agencies to respond to an applicant’s request for coordination; and (d) the legal consequences of certifying compliance with the ESA and NHPA are undefined. This commenter also noted that the process does not acknowledge the importance of the EPA’s role in compliance with the ESA and NHPA, stating that the no effect determination, or any obligation to undertake consultation with other federal agencies, is the EPA’s responsibility and that the EPA should not defer to the opinions of other agencies. The EPA notes that it is the issuance of the general permit or permit by rule that triggers any ESA/NHPA requirement, not the separate coverages of individual sources. To address these requirements, the EPA has established the listed species and historic properties screening procedures via this action to provide an effective means of identifying and addressing any impacts on the protected resources as sources seek coverage. We note that sources must demonstrate satisfactory completion of the screening procedures and that this demonstration must form part of the legal basis that the source is eligible for coverage under the general permit or permit by rule. To provide an opportunity for the public to review these screening procedures, all of the five proposed general permits and associated implementation tools were made available in the docket for review and comment. The applications for each draft general permit contain appendices (Appendix A for listed species and Appendix B for historic properties) with the detailed screening procedures that an applicant will follow to assess the potential impacts of their source as it pertains to the relevant protected resources. We specifically requested comment on these general permits and implementation tools and believe that PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 25079 our process provided an appropriate opportunity for public involvement. One commenter recommended that the EPA should include a determination expressly finding that the minor sources on tribal lands subject to the Federal Indian Country Minor NSR rule will have no effect on any species listed under the ESA, nor any potential effects on resources protected by the NHPA in the final permit. This commenter stated that the use of the term ‘‘significant risk’’ (‘‘. . . based on the evaluation of available information, that the sources that are the subject of this proposal are unlikely to present a significant risk to listed species and critical habitat and to historic properties . . .’’) confuses the issue, as that term is not the relevant standard under the ESA or NHPA for determining whether regulatory requirements pursuant to those statutes apply. The commenter believes that the EPA should instead conclude that minor sources on tribal lands subject to the Federal Indian Country Minor NSR rule are likely to have ‘‘no effect’’ on any listed species or critical habitat, and no potential to affect historic properties. The EPA does not believe that a single determination for all new sources in Indian country that may be covered under a general permit or permit by rule would be appropriate. To ensure that appropriate consideration of any potential impacts on listed species or historic properties occurs, we believe a level of site-specific assessment is needed, primarily for the purpose of investigating potential land disturbance activities but also to address any other potential impacts. We believe the source screening procedures contained in the Request for Coverage Forms for general permits and ‘‘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’’ for permits by rule are the most efficient way to make those determinations. C. Use of Streamlined General Permit Applications 1. Proposed Rule In the proposed rule, we sought comment on the appropriateness of utilizing permits by rule for three source categories as an alternative to general permits: auto body repair and miscellaneous surface coating operations, GDFs, and petroleum dry cleaning facilities. We specifically requested comment on the permit by rule notification procedures. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25080 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received regarding the appropriateness of utilizing permits by rule and streamlined notification forms, and our responses. (Since we are not issuing general permits for the three source categories, we will not be issuing any general permit applications for those categories.) Responses to comments on the use of streamlined notification forms for the permits by rule in today’s action can be found in Section 4.0 of the RTC Document. Several commenters provided support for EPA’s proposed use of streamlined permit applications for permits by rule. Some commenters noted that several states and local reviewing authorities use permits by rule to authorize construction of minor sources and that the EPA has approved several state or local permits by rule in State Implementation Plans. Three commenters asserted that the use of permits by rule would expedite the permitting process and reduce administrative burdens and costs for permitting agencies and/or operators. Four commenters opposed the use of permits by rule for the three source categories. One commenter also opposed the use of permits by rule for any future source categories that the EPA may propose. One of these commenters stated that a lack of notification could result in a permittee missing out on critical permitting steps. The commenter also asked how the EPA or a tribe would be able to review and confirm that a facility is providing the correct information. The commenter asserted that this scenario is no different than the process before the Federal Indian Country Minor NSR rule. The EPA believes that the use of permits by rule is appropriate for the three source categories. Permits by rule provide a streamlined approach that (a) reduces the time permitting authorities must devote to reviewing permit applications and issuing permits, (b) protects air quality by controlling emissions-generating activities that pose little environmental concern and (c) simplifies the permitting process for sources that pose little environmental concern. The EPA has attempted to balance air quality concerns in Indian country with the resource and workload needs of reviewing authorities. The issuance of general permits for these facilities as compared to covering them with a permit by rule would greatly add to the workload of the reviewing authority without providing greater VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 benefits to air quality. Given the relative simplicity and generally lower emissions of these sources, we have determined that we do not need to conduct a case-specific review to evaluate whether an individual source qualifies for the permit, and we are comfortable requiring only a streamlined notification form from these sources. Because we will need to continue to balance the workload and resource needs of the reviewing authority with the need to protect air quality, we do not agree with the comment that permits by rule should not be used for any future source categories. We note that the permit by rule notifications do not ask for detailed source information because these source categories reflect facilities that are straightforward in their configuration and emissions (they are primarily VOC emission sources), and do not require detailed review or confirmation of the information. D. Administrative Aspects of General Permits 1. Proposed Rule The EPA requested comment on the administrative aspects of general permits. Specifically, among other areas, we requested comment on two issues: (a) Whether the EPA’s proposed approach of incorporating by reference each reviewing authority’s approval of a Request for Coverage into the general permit is necessary and appropriate; and (b) The appropriateness of draft permit terms related to the reviewing authority’s ability to reopen, revise, or terminate an individual approval of coverage under the general permit. 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received related to administrative procedures for permit issuance and obtaining coverage under a general permit and permit by rule. Responses to these comments are also addressed in Sections 1.2 and 1.3 of the RTC Document. In this final action, we are providing responses to issues raised in comments, but we have concluded that those comments do not necessitate any substantive changes to the administrative aspects of the permits. One commenter disagreed with the EPA’s proposed procedure for amending general permits, noting that the provision is overly broad and inconsistent with the procedures for amending source-specific permits. This commenter recommends that the EPA treat sources covered by general permits PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 (or permits by rule) in the same manner as facilities covered by source-specific permits. The EPA’s procedure for issuing general permits is governed by 40 CFR 49.156, and the EPA interprets the Federal Indian Country Minor NSR rule to require the provision in 40 CFR 49.156 to be used anytime a general permit is revised (amended). In the proposal (79 FR 2546), the EPA clarified that although a general permit may be revised in the future, we do not intend to use the revision process to subject existing sources already covered by a general permit to new control requirements, unless and until they modify. This process is consistent with how site-specific permits are revised. A few commenters expressed concern on how the Federal Indian Country Minor NSR rule would address permitting a source that could cause or contribute to a NAAQS violation or a PSD increment violation. Commenters also objected to the EPA’s stated preference for general permits, noting that the proposed rule does not address the fundamental problem of a lack of staff at local agencies to process these new regulatory requirements, and recommended that the EPA include a staffing plan and the funding to support it, or use permits by rule instead. Commenters noted that the EPA’s ability to terminate a permit for ‘‘cause’’ would create uncertainty, and puts tribally owned companies at risk. The EPA believes that the ability to deny coverage is necessary to prevent exceedances of the NAAQS due to cumulative increases in emissions. The EPA recommends that tribes planning to construct tribally-owned facilities work with the specific reviewing authority in their area to address these concerns. The general permit program will help alleviate any potential backlog in the issuance of minor source permits to sources that would otherwise require site-specific permits, allowing limited agency resources to be focused on more complicated sources that require more in-depth review. The conditions under which a permit can be terminated for cause are defined in each general permit; therefore, the situations for which coverage under a general permit would be terminated are fairly specific. One commenter pointed out that the proposed rule did not include specific regulatory language for any of the proposed permits by rule. This commenter argued that the lack of regulatory text prevented full and complete public review and comment on the proposed rule. The commenter asked that the EPA provide regulatory text and a full explanation of the permit E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations by rule approach before finalizing the rule. The EPA did not provide specific regulatory language for any of the proposed permits by rule, but rather proposed to codify the requirements of the proposed general permits of the specified source category. For the permits by rule in this final action, we are codifying the requirements as contained in the draft general permit for the three source categories, including changes that we have identified are appropriate based on our review of public comments. We believe that the proposed general permits have provided the public with a sufficient understanding of the contents of the final rule, and, therefore, satisfy our obligations under section 301(a) of the CAA. E. Control Technology Review 1. Proposed Rule In the proposal, we requested comment on the EPA’s conclusion, based on its control technology review, that the control measures in the draft general permits are currently used by other similar sources in other areas of the country and that the measures in the draft permits are, therefore, technically and economically feasible and costeffective. mstockstill on DSK4VPTVN1PROD with RULES2 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received and our responses. Responses to these comments are also addressed in Section 2.2 of the RTC Document. The EPA is largely retaining the basic approach to the control technology review outlined in the January 14, 2014, proposal. A few commenters expressed concern with the EPA’s decision to apply local control requirements on a nationwide basis. They stated that this might lead to a competitive advantage or disadvantage for sources locating in Indian country and tribes could lose revenue as a result. Commenters recommended that the EPA issue regional permits, and that the control requirements for each region should be based on the rules and regulations in adjacent areas, and on the nonattainment status of the area. The EPA addressed the challenge of developing a single general permit for use across a broad range of Indian country by evaluating national EPA standards, as well as state and some local standards currently in place, and then adopting requirements we feel are appropriate and that reflect commonly used standards. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 F. Use of Throughput Limits 1. Proposed Rule The Federal Indian Country Minor NSR rule requires the reviewing authority to establish annual allowable emission limitations for each affected emissions unit and for each NSR regulated pollutant emitted by the unit, if the unit is issued an enforceable limitation lower than the PTE of that unit. See 40 CFR 49.155(a)(2). The EPA included throughput, fuel usage, and materials usage limitations and compliance monitoring requirements in the proposed general permits and permits by rule as a means for limiting emissions and demonstrating compliance with those limits. For the five source categories that are the subject of this action, some states (but not all) provide both annual ton per year allowable emission limitations and throughput limits in their general permits. Other state reviewing authorities provide only overall production limits that limit the amount of throughput a facility can process over a period of time. We requested comment on the use of throughput limits as a surrogate for ton-per-year allowable emission limitations, or, alternatively, establishment of annual allowable emission limitations for each pollutant, and the use of throughput limits as surrogate monitoring measures to demonstrate compliance with ton-peryear annual allowable emission limitations. 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received and our responses. Responses to all comments regarding this issue are set forth in Section 2.3 of the RTC Document. In our final action, we are retaining throughput limits; however, in response to comments we received, we are making adjustments to the throughput limits for the general permits for HMA plants and SQCS facilities. We believe these adjustments are appropriate for three reasons: • They provide monthly throughput limitations to reflect the fact that HMA plants and SQCS facilities relocate often (see Section IV.A. Permit Documents and Implementation Tools); • They provide co-located throughput limits to reflect the fact that these facilities are often sited together (see Section IV.K. Use of More Than One General Permit and/or Permit by Rule for a Source at a Single Location); and • They ensure a margin of safety between a source’s permitted throughput limit and the major source PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 25081 thresholds for synthetic minor sources since the general permits for these two source categories are written for use by both true minor and synthetic minor sources (see Section IV.I. Use of General Permits and Permits by Rule to Create Synthetic Minor Sources). We are also adding a throughput limit to the GDF permit by rule for marginal and moderate ozone nonattainment areas. The EPA received comments on the use of throughput limitations for HMA and SQCS facilities. A few commenters agreed with the throughput production limits and fuel-type and usage limits stated in the draft permits for HMA plants and SQCS facilities and believe that the emission limitations based on those factors are reasonable. One commenter asserted that the inclusion of different throughput limits in general permits for attainment versus nonattainment areas is unnecessary because each such nonattainment area will have a nonattainment state implementation plan (SIP) that, by definition, will include measures adequate to achieve attainment. The EPA disagrees that the existence of nonattainment SIPs renders the inclusion of nonattainment-area specific emission limitations unnecessary. A state’s SIP may or may not account for activities in Indian country and the state may lack authority to implement or enforce the SIP there.36 As a result, the EPA believes that establishing different throughput limits for nonattainment areas is necessary to help move such areas toward attainment. Several commenters supported the use of throughput limits noting that monitoring throughput limits, hours of operation and production are more efficient and cost-effective methods for minor sources to demonstrate their compliance. A few commenters advocated that sources be allowed flexibility in demonstrating compliance, including using alternative methods to a throughput limit so that facility capacity is not unnecessarily constrained. A few commenters requested that the General Permit also include clearly defined, enforceable, annual allowable emission limits. 36 In Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3rd 185 (D.C. Cir. 2014), the U.S. Court of Appeals for the District of Columbia Circuit held that the state, not tribes or the EPA, has initial primary responsibility for implementation plans under Clean Air Act section 110 in non-reservation areas of Indian country (i.e., dependent Indian communities and Indian allotments) in the absence of a demonstration of tribal jurisdiction by the EPA or a tribe. However, SIPs generally do not apply in reservations, including informal reservations or trust lands, and these areas are believed to comprise the bulk of Indian country. E:\FR\FM\01MYR2.SGM 01MYR2 25082 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations The EPA notes that these types of permit terms and conditions are commonly found in state general permits and permits by rule. Throughput, materials usage, and hours of operation are easy to track. As a result, limitations on throughput, materials usage and hours of operation are less burdensome than requiring sources to determine emissions on a regular basis in order to demonstrate compliance with an emission limit. If a source feels an alternative limit or compliance monitoring method is more compatible with their operational procedures, they may apply for a source-specific permit to have such criteria considered. G. Setback Requirements 1. Proposed Rule For HMA plants and SQCS facilities, we included permit provisions regarding the location of the emitting activities relative to the source property boundary. We call these provisions, which are designed to minimize the near-field impacts of emissions, setback requirements. Under the proposed setback requirement, sources could not locate within a specific distance of the property boundary and nearest residences. We proposed that these provisions seemed both reasonable and prudent measures to protect local air quality and are economically feasible and cost effective. We invited comments to identify other source categories for which setback requirements should apply. We also welcomed comments on the types of buildings from which we should establish setbacks (e.g., schools, nursing homes). Lastly, we further requested comment on whether the setback requirements conflict with tribal authority over zoning-related matters, and, if so, on how we should resolve that conflict. mstockstill on DSK4VPTVN1PROD with RULES2 2. Final Action, Comments and Responses One commenter recommended that the EPA add a setback requirement to the HMA permit similar to the one included in the proposed SQCS facilities permit. Another commenter noted that the setback requirements may be difficult for existing sources to meet if the source is modified. Due to the lack of an EPA analysis demonstrating the air quality benefits of requiring setbacks, we lack sufficient information to incorporate them in the final general permits for HMA plants and SQCS facilities. Therefore, the final general permits for HMA plants and SQCS facilities do not contain setback VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 provisions. Nonetheless, the reviewing authority retains the discretion to deny the granting of source coverage under the general permits based on local air quality concerns. The many comments the EPA received on its inclusion of setback requirements in the SQCS and HMA permits, and our responses to those comments, are found in Sections 3.2.1.1, 3.2.1.2, 3.2.4.1, 3.3.4, and 4.2.1 of the RTC Document. H. Permit by Rule Regulatory Framework 1. Proposed Rule We proposed to codify a nationally applicable permit by rule for source categories or emissions generating activities for which we have determined that the permit by rule mechanism would offer permit streamlining benefits, while at the same time protecting air quality, into a new section of the Federal Indian Country Minor NSR rule. As proposed, permits by rule would be used to address source categories of true minor sources, where the reviewing authority does not need to conduct an in-depth review to evaluate whether an individual source meets all of the requirements in the permit. A permit by rule may be issued for a category of emissions units or sources that are similar in nature, have substantially similar emissions and would be subject to the same or substantially similar requirements governing operations, emissions, monitoring, reporting and recordkeeping. ‘‘Similar in nature’’ refers to size, processes and operating conditions. We requested comment on all aspects of the streamlined permit by rule approach. 2. Final Action, Comments and Responses This section provides a brief summary of significant comments received. In our final action, we are codifying nationally applicable permits by rule for three source categories: GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. Overall, as described in greater detail below, we are making two significant changes to the process or framework we proposed in January 14, 2014. First, we are requiring that sources obtain advance, written confirmation from the EPA that the screening procedures have been completed correctly for threatened and endangered species and historic properties. To provide clarification, we have created a new document, ‘‘Procedures to Address Threatened and Endangered Species and Historic PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 Properties for New or Modified True Minor Sources in Indian Country Seeking Air Quality Permits by Rule,’’ that sources will need to use prior to submitting a Notification of Coverage Form. Second, we are making clear the process citizens will need to follow to appeal a source’s coverage under a permit by rule. Under these three permits by rule, individual sources eligible for coverage will be subject to the operational, monitoring and recordkeeping requirements specified in the relevant rule. In this action, in addition to promulgating the three permits by rule, we are amending the Indian Country Minor NSR rule general permit provisions at 40 CFR 49.156 to set forth the unique elements of the permits by rule process. The permits by rule program establishes a more streamlined notification of coverage process that allows an individual applicant to notify the reviewing authority that it meets the eligibility criteria for the permit and the permit conditions. The source will complete the Notification of Coverage Form and submit copies of the form to both the reviewing authority and the appropriate tribal entity to satisfy the registration requirement at 40 CFR 49.160(c)(1)(iii). A copy of the completed form must be kept onsite and made available upon request. This ‘‘notification’’ process streamlines permitting for eligible sources and makes it easier for the reviewing authority to implement the permit by rule program compared to traditional site-specific permits and standard general permits. A permit by rule must be issued according to the applicable requirements in §§ 49.154(c), 49.154(d) and 49.155. A source category permit by rule must include the permit elements listed in § 49.155(a). The reviewing authority will determine which categories of true minor sources are appropriate for coverage under a permit by rule. Permits by rule will be issued at the discretion of the reviewing authority. Issuance of a permit by rule is considered final agency action with respect to all aspects of the permit by rule except its applicability to an individual source. Prior to submitting the Notification of Coverage Form to the reviewing authority, a source must demonstrate to the EPA that the endangered or threatened species and historic property screening procedures set forth in the procedures document 37 provided for 37 The processes are contained in the following document: ‘‘Procedures to Address Threatened and Endangered Species and Historic Properties for E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations that purpose for the permits by rule have been satisfactorily completed. The source must submit documentation of the endangered or threatened species and historic property screening evaluations to the EPA (and the tribe in the area in which the source is located/ locating) for review prior to submitting the completed Notification of Coverage Form and obtaining coverage under a permit by rule. Thirty days after receipt of the documentation, the EPA must notify the source by letter of one of two possible outcomes: (a) The documentation is satisfactory (i.e., the listed species and historic property screening procedures have been completed properly); or (b) the documentation is not adequate and additional information/evaluation is needed. If the initial submittal is deemed deficient, the EPA will identify any deficiencies and may offer further direction on completing the screening process(es). Once the source has addressed the noted deficiencies it must resubmit its updated screening procedure documentation to the EPA for review. The source must obtain written confirmation from the EPA indicating that it has adequately documented that the screening procedures have been properly completed before it can submit its Notification of Coverage Form. If the source qualifies for a permit by rule and intends to notify the reviewing authority that it is covered under the rule, the source may submit its Notification of Coverage Form upon the effective date of the permit by rule, generally 60 days after publication of the permit by rule in the Federal Register. Pursuant to the registration requirement of § 49.160(c)(1)(iii), the source must submit a completed Notification of Coverage Form to the reviewing authority. The Notification of Coverage Forms are available online at https://www.epa.gov/air/tribal/ tribalnsr.html or at: Docket ID No. EPA– HQ–OAR–2011–0151. The source must also submit a copy of the completed Notification of Coverage Form to the tribe in whose area of Indian country the source is locating or expanding. Upon receiving the Notification of Coverage Form, the EPA must post the notification on its Web site. The posting of the notification form is considered final agency action with respect to its applicability to an individual source. The sole issue that may be appealed after an individual source is covered under a permit by rule is the applicability of the permit by rule to New or Modified True Minor Sources in Indian Country Seeking Air Quality Permits by Rule,’’ https://www.epa.gov/air/tribal/tribalnsr.html. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 that particular source. Appeals must be made to the U.S. Court of Appeals within 60 days of EPA’s action. The EPA is promulgating this process as a separate regulation from 40 CFR 49.159 to provide a process for permits by rule that is streamlined compared to the twostep process provided in 40 CFR 49.159 for general permits. The source must comply with all terms and conditions of the permit by rule. The source will be subject to enforcement action for failure to obtain a preconstruction permit if the emissions unit(s) or source is constructed under coverage of a permit by rule and the source is later determined not to qualify under the terms and conditions of the permit by rule. Coverage under a permit by rule becomes invalid if construction is not commenced within 18 months after the date of the posting of the completed Notification of Coverage Form under a source category permit by rule, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; construction of each such phase must commence within 18 months of the projected and approved commencement date. Any source category covered by a permit by rule may also instead apply for a source-specific permit under 40 CFR 49.154. The EPA received many comments on the regulatory framework proposed for establishing permits by rule. Summaries of all of these comments, and the EPA’s responses, are found in Section 4.1 of the RTC Document. Many of these commenters supported the EPA’s proposed use of permits by rule for GDFs, auto body repair and miscellaneous surface coating, and petroleum dry cleaning facilities, stating that a permit by rule is appropriate for these types of sources and that several states already use permits by rule for these source categories. A few commenters asserted that the use of permit by rule would expedite the permitting process, reduce administrative burdens and costs for permitting agencies, and allow the EPA to more efficiently manage minor sources. Two commenters expressed concerns about whether the EPA has the resources to process general permits in a timely manner, referenced issues experienced by the EPA Region 8 office PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 25083 when the synthetic minor source permitting program for that region became effective, and pointed to the Fort Berthold Indian Reservation FIP 38 used in that region as a model for EPA’s minor source permitting. Two commenters asserted that the permit by rule approach provides sufficient opportunities for public input, as well as retaining the public’s right to judicial review of any source’s receipt of coverage under a permit by rule. One commenter recommended that the requirement for certification of compliance be retained in the final rule, and that the applicant be required to mail a copy of the application to the reviewing authority for the reviewing authority’s records. A few commenters opposed use of permits by rule for these three source types, stating that the process does not allow for public notice and comment. Two commenters stated that a facility may not be aware of all aspects of the permitting process they must meet to comply. One commenter noted that neither the EPA nor the tribe would be able to review and confirm that a facility is providing the correct information. After carefully considering all of the comments on these issues, the EPA concludes that permits by rule are appropriate for the following three source categories and is, therefore, finalizing them: GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. In doing this, the EPA addresses the goal of protecting air quality, while reducing workloads of reviewing authorities and minimizing delays associated with the permitting process by providing a streamlined approach for permitting construction of less complex minor sources that have the simplest compliance requirements. The EPA disagrees with those commenters opposing the use of permits by rule. These three source types are relatively straightforward sources (compared to HMA plants and SQCS facilities), have similar operations and can be adequately controlled with a single set of control requirements without the need for additional reviewing authority evaluation or further public notice. Requiring these facilities to seek coverage under a general permit would add to the workload of the reviewing authority 38 ‘‘Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota,’’ U.S. Environmental Protection Agency, 78 FR 17836, March 22, 2013, https:// www.gpo.gov/fdsys/pkg/FR-2013-03-22/pdf/201305666.pdf. E:\FR\FM\01MYR2.SGM 01MYR2 25084 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 without providing substantial benefits to air quality since a general permit would be unlikely to impose any additional substantive requirements. Since we are establishing the permit by rule through notice and comment rulemaking, the public has had an adequate opportunity to comment on the proposed rule and the provisions of the permits by rule for the three source categories. The public retains the opportunity for judicial review on the issue of whether the source should be able to gain coverage under the permit by rule. Regarding the concern that a facility may not be aware of all aspects of the permitting process, the EPA has developed multiple implementation tools and documents to provide facilities with the information necessary to understand the permitting process, assist facilities in navigating the permitting process and help to ensure that a facility meets critical permitting requirements. The EPA is adding the requirement to submit a copy of the Notification of Coverage Form to the relevant tribal government office when notifying the reviewing authority in order to ensure that the tribal government is aware of new facilities. The EPA is also clarifying that under 40 CFR 49.160(c)(1)(iii), minor source applicants 39 (other than sources in the oil and natural gas sector) that must register with the EPA beginning on September 2, 2014, will do so by providing a copy of their minor source permit Notification of Coverage Form. One commenter argued that the use of permits by rule would effectively mean that sources exceeding the minor source permit threshold are exempt from a permit. Another commenter asserted that permits by rule are not appropriate for either true minor or synthetic minor sources. The commenter also stated that it is difficult to enforce against a source that has constructed in violation of the ‘‘permit by rule’’ requirements. The EPA disagrees. Permits by rule are only available to true minor sources. As with source-specific permits and general permits, the permit by rule contains a set of enforceable terms and conditions that will ensure that facilities remain true minor sources. Facilities that cannot meet the throughput limitations or emission controls in the permits by rule would not be eligible for coverage. 39 The language of 40 CFR 49.160(c)(1)(iii) refers specifically to ‘‘applications.’’ Eligible sources that have decided to be covered by a permit by rule are not required to submit applications. They are required to submit ‘‘notification’’ forms to the reviewing authority that they are electing to be covered under a permit by rule. Submittal of the Notification of Coverage Form to the reviewing authority satisfies the registration requirement. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 Facilities must submit a Notification of Coverage Form certifying that the facility will comply with all of the terms and conditions in the relevant permit by rule. Each permit by rule contains clear, enforceable terms and conditions such that noncompliance can quickly be identified. If a source operates in violation of the terms in a permit by rule for which the owner/operator has submitted a completed Notification of Coverage Form, the reviewing authority can revoke coverage under the permit by rule and the owner/operator may be subject to an enforcement action for failing to obtain a permit prior to commencing construction. One commenter pointed out that the proposed rule did not include ‘‘specific regulatory language’’ for any of the proposed permits by rule, and argued that the lack of regulatory text prevented full and complete public review and comment on the proposed rule. As discussed in Section VIII (Proposed Permits by Rule) of the preamble to the proposed rule, rather than proposing separate, specific regulatory language for any of the proposed permits by rule, we proposed a general approach to issuing permits by rule and to codify the requirements of the draft general permits for the specified source category. Therefore, EPA did effectively propose specific regulatory language for each proposed permit by rule. I. Use of General Permits and Permits by Rule To Create Synthetic Minor Sources 1. Proposed Rule We proposed to allow a source to use coverage under general permits, including the permits by rule mechanism, to establish federally enforceable emission limitations that can restrict operations of an otherwise major source, such that the source qualifies as a synthetic minor source. We requested comment on all aspects of using general permits and permits by rule to create synthetic minor sources generally and with respect to the five source categories in the proposed rule. We requested specific comment on whether: • Any regulatory changes in the permits being proposed would be necessary to implement this change in policy; • A source should be allowed to qualify to use a general permit or permit by rule to become a synthetic minor source, and then subsequently use a general permit or permit by rule to authorize construction or modification activities; PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 • Both regulatory purposes can be achieved in a single general permit/ permit by rule; • Permits by rule are an appropriate type of permit for creating synthetic minor sources, given that the permit notification does not provide an opportunity for public input on the coverage of a particular source by a permit by rule; • Any specific changes that would need to be made to the general permits to include provisions for creating synthetic minor permits for these source categories; • Any specific changes that would need to be made in the production limits of each permit to properly regulate synthetic minor sources for these categories; and • Permit conditions include sufficient monitoring, recordkeeping and reporting provisions to: (a) Assure continuous compliance; and (b) lower the emissions potential to that of a true minor source. 2. Final Action, Comments and Responses In our final action, we have modified the EPA’s policy on the use of general permits to create synthetic minor sources and are allowing the use of general permits to create synthetic minor sources. We have further concluded that it is not appropriate to allow the use of permits by rule to create synthetic minor sources. Consistent with EPA guidance,40 we have set the throughput limits in the HMA and SQCS general permits at levels sufficiently low to ensure a margin of safety between a source’s permitted throughput limit (and corresponding emissions) and the major source thresholds, since the general permits for these two source categories are written for use by both true minor and synthetic minor sources (see Section IV.F. Use of Throughput Limits). The EPA received numerous comments regarding the use of general 40 See the following memos available in the docket (ID No. EPA–HQ–OAR–2011–0151): ‘‘Guidance on Limiting the Potential to Emit in New Source Permitting,’’ from Terrell E. Hunt, Associate Enforcement Counsel, Office of Enforcement and Compliance Monitoring and John S. Seitz, Director, Office of Air Quality Planning and Standards, to EPA Regional Counsels, 1–10, et al, June 13, 1989, https://www.epa.gov/ttn/atw/pte/june13_89.pdf; and ‘‘Options for Limiting the Potential to Emit (PTE) of a Stationary Source Under Section 112 and Title V of the Clean Air Act (Act),’’ from John S. Seitz, Director, Office of Air Quality Planning and Standards, and Robert I. Van Heuvelen, Director, Office of Regulatory Enforcement, to Air Division Directors, EPA Regions 1–10, January 25, 1995, https://www.epa.gov/region7/air/title5/t5memos/ ptememo.pdf. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations permits and specific regulatory changes to the draft permits for each source category to address synthetic minor sources. A summary of all of these comments, and the EPA’s responses, are found in Sections 5.1 and 5.3 of the RTC Document. Many commenters supported the use of general permits or permits by rule to create synthetic minor sources. A few commenters agreed that major sources should be able to take advantage of this streamlined permitting process, noted that this process would provide an incentive for sources that would otherwise be considered a major source to voluntarily reduce emissions, and that these general permits will satisfy the air quality standards set by the NSR program. As noted, the EPA is not finalizing the use of a permit by rule to create synthetic minor sources, but will allow the use of a general permit for that purpose. Because we are finalizing general permits in this action for only two source categories (HMA plants and SQCS facilities), only general permits for these two source categories can be used to create synthetic minor sources. Several commenters stated that the use of general permits to establish federally enforceable emissions limits will ensure that emissions from synthetic minor sources are appropriately restricted. The commenters further stated that this would result in efficiency for both operators and regulatory agencies, while leading to improved health and welfare in Indian country. A few commenters requested that the EPA provide more discussion regarding the technical process for developing a general permit, and asked how the EPA plans to address compliance with the one-hour and annual NO2 NAAQS. The EPA agrees that the use of general permits to establish federally enforceable limits on PTE will ensure that emissions from synthetic minor sources are appropriately restricted. The EPA has revised the throughput limits and fuel use limits in the HMA and SQCS general permits to keep covered sources’ emissions below the NSR major source thresholds, with an adequate margin to account for uncertainties of measurement, emissions from unpermitted activities, variability in emission rates, and excess emissions during startup, shutdown, or malfunction.41 We agree with 41 The throughput limits for the permits by rule being promulgated today are also set at levels to keep covered sources’ emissions below the NSR major source thresholds. However, because the permit by rule cannot be used to create synthetic minor sources, it is not necessary to lower the throughput limits for the three source categories to VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 commenters that, if appropriately restricted and monitored, synthetic minor sources covered by a general permit would not pose an environmental concern and would have emissions similar to sources subject to a source-specific permit. With respect to the NO2 NAAQS, EPA conducted a control technology review that is discussed in the proposed rule (See Section V. Source Categories for Which Draft General Permits in Indian Country are Available for Public Review). The EPA believes that the final permits we are issuing and promulgating today are appropriately protective of the NAAQS (see Section IV.E. Control Technology Review). However, we reserve the ability to deny coverage under a general permit based on concerns we may have about the state of air quality in the area where a source is seeking to locate or modify, and the potential impacts of an individual source in that area. A few commenters reiterated that case-by-case permitting determinations for source types where equipment and operations do not differ significantly from source to source is unnecessary. One commenter noted that state programs have used general permits and permits by rule to authorize synthetic minor sources, and that these permitting programs afford permittees consistency, predictability, and efficiency, while reducing the administrative burden on the permitting authority and allowing permittees of similar sites to operate on a level playing field. A few commenters pointed to the Fort Berthold FIP as an example of the successful use of general permits or permits by rule for synthetic minor permits, also noting that the requirements of the Fort Berthold FIP were consistent with the requirements of the North Dakota SIP; thus, providing a level playing field. The EPA agrees with commenters that the use of general permits to create synthetic minor sources provides consistency, predictability, and efficiency, and reduces the administrative burden on the permitting authority, while allowing for greater scrutiny in the review of the permit application by the reviewing authority. The EPA is not finalizing the use of permits by rule for synthetic minor sources because permits by rule do not provide for the same level of review and scrutiny by the reviewing authority. They also do not provide the same level of public participation. The EPA does not believe it is necessary to reflect an added margin to account for uncertainties of measurement, emissions from unpermitted activities, variability in emission rates, and excess emissions during startup, shutdown, or malfunction. PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 25085 establish a separate general permit for the specific purpose of creating synthetic minor sources. The EPA is, therefore, providing one general permit each for the HMA and SQCS source categories that are suitable for true minor and synthetic minor sources. The EPA has balanced the need to provide a level regulatory playing field with the need to protect the NAAQS. (However, the issue does not arise for the three permit by rule source categories in this action because the permit by rule is not a suitable mechanism for creating synthetic minor sources.) Several commenters provided support for the use of general permits to create synthetic minor sources, but opposed the use of permit by rule for this purpose, while several commenters advocated for the use of a permit by rule for synthetic minor sources. Two commenters asserted that no additional risk of noncompliance would result from the use of permits by rule for synthetic minor sources, while another commenter urged the EPA to consider using the streamlined permits for synthetic minor sources on a case-bycase basis. The EPA has determined that a permit by rule approach is not appropriate for creating synthetic minor sources. We are only allowing the use of general permits to create synthetic minor sources, which allows for greater scrutiny in the review of the permit application by the reviewing authority. This level of review helps to ensure that a particular source that would otherwise be major is likely to be able to comply with the throughput limits and emissions control requirements in the general permit, thereby ensuring that the source’s emissions will be below the major source threshold(s). We believe that this level of review is necessary for sources with a PTE that would otherwise be above the major source threshold(s). Because permits by rule do not provide for the same level of review regarding coverage, we are not finalizing the use of permits by rule to create synthetic minor sources. A few commenters urged that the EPA make regulatory changes to be more explicit and to inhibit future litigation concerning the issuance of general permits or permits by rule for synthetic minor sources, while other commenters urged the EPA to include more stringent monitoring, recordkeeping and reporting requirements so that synthetic minor sources can prove their emissions are below the major source thresholds. A few commenters supported the EPA’s suggestion to issue synthetic minor permits only to sources with actual emissions at a margin below the major source thresholds. This would assure E:\FR\FM\01MYR2.SGM 01MYR2 25086 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations that synthetic minor sources do not inadvertently become major sources. Several commenters disagreed, stating that the EPA should not require more stringent monitoring, recordkeeping and reporting requirements for synthetic minor sources using a general permit or permit by rule. Other commenters stated that the EPA should not impose additional requirements or limitations on the use of general permits or permits by rule for synthetic minor sources. A few commenters argued that compliance with permit limits will be required regardless of whether a source is a true or synthetic minor source, and requested that the general permits, implementation documents, and tools contained in the proposed rule be amended to allow both true and synthetic minor sources to apply for coverage. The EPA is not setting a requirement that synthetic minor permits may only be issued to sources with actual emissions at a margin below the major source thresholds, but we are requiring sources to identify whether they are a synthetic minor source in their Request for Coverage Form. In the application process, permittees could apply for a general permit for purposes of creating a synthetic minor source only if they meet the eligibility requirements and are able to comply with the federally-enforceable limits established in the general permit. Once EPA approves the Request for Coverage, the requirements in the general permit become federally-enforceable limits on the source’s PTE. The monitoring, recordkeeping and reporting requirements remain the same for true minor sources and synthetic minor sources. J. Use of Both Permitting Mechanisms for Certain Source Categories mstockstill on DSK4VPTVN1PROD with RULES2 1. Proposed Rule The EPA requested comments on finalizing both permitting mechanisms for a given source category by providing authorization to construct or modify true minor sources via permits by rule and by providing enforceable limitations to create synthetic minor sources via general permits. We sought comment on whether this concept should be applied differently or the same for different source categories. 2. Final Action, Comments and Responses The EPA has decided to not make both permit types available for any single source category largely because we have determined that none of the five source categories would be suitable candidates for both permit types. As VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 proposed, the EPA is finalizing general permits for the HMA and SQCS source categories, but is not finalizing permits by rule because the EPA does not believe that true minor sources in these two source categories are good candidates for permits by rule. For the other three source categories in today’s final action, the EPA is finalizing only permits by rule because we do not believe that it is necessary to provide general permits for these categories as the potential impacts of emissions from sources in these categories can be readily addressed through a permit by rule. We believe that the majority of sources in the three source categories in this action for which we are promulgating permits by rule are not major sources and, therefore, would not need to seek synthetic minor status. However, any source in these three source categories that performs a PTE analysis and determines it is a major source can seek synthetic minor source status through a site-specific permit. The EPA received comments regarding finalizing both permitting mechanisms (general permits and permits by rule) for GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. Summaries of all of these comments and our responses to them are contained in Section 5.2 of the RTC Document. While one commenter supported the establishment of both permitting mechanisms for these three source types, several commenters opposed the EPA’s proposed ‘‘hybrid approach’’ to establishing permits by rule for true minor sources and general permits for synthetic minor sources. Several commenters suggested that permits by rule would work as well as a general permit for any source category, and that the EPA should accordingly treat true and synthetic minor sources for all source categories in the same manner. As noted, the EPA is not adopting a hybrid approach of establishing general permits for synthetic minor sources and permits by rule for true minor sources. The EPA does not anticipate that these three source types would require a synthetic minor permit or that a hybrid approach would be necessary. K. Use of More Than One General Permit and/or Permit by Rule for a Source at a Single Location 1. Proposed Rule As proposed, the intent of this minor source permitting process is to ensure that a single stationary source gains coverage under a general permit or permit by rule only if its PTE is below PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 major source emission levels. We requested comment on whether to allow a single stationary source to gain coverage under more than one general permit or permit by rule. We also requested comment on whether we should categorically decline to allow coverage under more than one general permit or permit by rule for a single stationary source, or whether the application/notification materials offer the EPA an adequate opportunity to verify that source-wide PTE for a stationary source is below major source levels. 2. Final Action, Comments and Response The EPA received comments related to the use of more than one general permit or permit by rule for a source at a single location. Summaries of all of these comments and our responses to them are contained in Section 5.4 of the RTC Document. In this final action, as discussed in detail below, we are retaining the approach in our proposal on calculating PTE emissions for permit eligibility purposes, and we are adjusting the throughput limits in the HMA and SQCS general permits to accommodate cases of co-location for those two source categories. Several commenters supported allowing the use of more than one general permit or permit by rule for a single source with different types of equipment or co-located processes. One commenter asserted that co-located sources should not be precluded from using general permits if site-wide emissions remain below major source thresholds. A few commenters expressed concerns with allowing a synthetic minor source to acquire coverage under more than one general permit or permit by rule, as it could potentially allow a source to incrementally increase emissions and avoid major NSR preconstruction review and other regulatory requirements. Other commenters disagreed, asserting that there is no basis in the rulemaking record for assuming that the use of more than one general permit or permit by rule might allow a source to increase emissions beyond regulatory requirements. Several commenters contended that a permit by rule for larger, more complex sources, or synthetic minor sources would not provide for adequate review by a reviewing authority, and suggested including a requirement to report total emissions to prove the source is in compliance. The EPA is finalizing its proposed policy with respect to a source gaining coverage under multiple general permits E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations or permits by rule with modifications. Under the proposed policy, to qualify for a general permit or permit by rule a source must sum the PTE of its new, modified and existing units. If that sum is below major source thresholds, the source is a true minor source and is eligible for a true minor source general permit or permit by rule, provided it can meet the permits’ throughput limits and other terms and conditions (even if the source is already subject to an existing general permit/permit by rule). In this final action, we also allow the same steps for synthetic minor sources seeking a general permit. In both cases, the agency reserves the ability to deny a general permit for synthetic minor sources seeking to combine new emissions with existing emissions if the reviewing authority has concerns about local air quality conditions. In addition, we have modified the general permit applications for HMA plants and SQCS facilities so as to allow those source types to co-locate, if desired. If the applicant is seeking such co-location, the permit contains the option to comply with alternative throughput limits set low enough to ensure the source’s emissions are below the level that would trigger the requirement to obtain a title V permit. L. Additional Source Categories for General Permits and/or Permits by Rule mstockstill on DSK4VPTVN1PROD with RULES2 1. Proposed Rule • Concrete batch plants; • Saw mills; • Landfill operations; • Boilers; and • Oil and gas production and operations. We requested comment on whether the additional source categories identified above should receive coverage by general permits or permits by rule, including comments as to which categories are appropriate for each type of rule. With respect to landfill operations, the EPA specifically requested comment on whether enough landfill activity is occurring in Indian country to warrant the development of a general permit or permit by rule. In connection with the EPA’s Municipal Solid Waste Landfills New Source Performance Standard (40 CFR 60.750, subpart WWW), the EPA created a database of active landfills across the U.S. using information from the EPA’s Greenhouse Gas Reporting Program,43 Landfill Methane Outreach Program, and Information Collection Request Center. The database indicates there is a very small number of landfills in Indian country. These results were compared to the source culling that we did with the National Emissions Inventory and the lists of sources from Regions 5 and 10, which also showed few landfills in Indian country. Based on this information, we indicated that we were not convinced that the resources necessary to develop a general permit or permit by rule for landfills would be justified and requested comment on the issue.44 In developing the proposal, the EPA solicited input from tribal governments and the EPA Regional Offices on which source categories should be covered by streamlined permitting in Indian country. The tribes and the EPA Regional Offices identified the five source categories addressed in the proposed action because they were thought to be common in Indian country and were good potential candidates for streamlined permitting for several reasons: They represent categories of emissions units or stationary sources that are similar in nature, have substantially similar emissions, and would be subject to the same or substantially similar permit requirements.42 The following source categories were also thought to be good candidates for streamlined permitting: • Printing operations (including solvent cleaning/degreasing); • Engines (spark and compression ignition); 2. Final Action, Comment and Response The EPA received comments related to additional source categories for which general permits or permits by rule might be appropriate. Summaries of all of those comments and our responses to them are contained in Sections 6.1, 6.2, 6.3, and 6.4 of the RTC Document. The EPA received several comments in support of the use of general permits or permits by rule for minor sources for engines, concrete batch plants, saw mills, boilers, printing operations, and landfills, and only one comment in opposition. Aside from landfill operations, the source categories discussed in this section are being addressed in separate actions. In particular, in July 2014, the EPA proposed a combination of general permits and permits by rule for spark 42 ‘‘Review of New Sources and Modifications in Indian Country,’’ U.S. Environmental Protection Agency, 76 FR 38770, July 1, 2011, https:// www.federalregister.gov/articles/2011/07/01/201114981/review-of-new-sources-and-modifications-inindian-country. 43 For more information, go to: https:// www.epa.gov/ghgreporting/. 44 The results of this analysis can be found at Docket ID No. The EPA–HQ–OAR–2011–0151 and online at https://www.epa.gov/air/tribal/ tribalnsr.html. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 25087 ignition engines, compression ignition engines, saw mills, graphic arts and printing operations, boilers, and concrete batch plants, but not for landfills.45 A review of the available data for landfills in Indian country indicates that there are a limited number of these sources in Indian country, and we do not expect this to change. As a result, we do not think that the establishment of a general permit or permit by rule for this source category is warranted. The EPA received numerous comments supporting the development of general permits or permits by rule for the oil and natural gas source category, noting that these permits offer operators a level of certainty regarding permitting requirements, will reduce emissions, and will decrease regulatory burdens for sources and regulators. A few commenters also expressed support for the use of general permits or permits by rule for synthetic minor sources in the oil and natural gas source category, because the facilities and emission controls do not significantly vary from site to site. The EPA has determined that permitting for sources in the oil and natural gas source category should be dealt with in a separate action because of the unique characteristics of those sources. Accordingly, in May 2014, the EPA issued an ANPR to solicit input on potential permitting approaches to address emissions from new, modified and existing oil and natural gas production activities. The EPA will consider the comments received in response to the original January 14, 2014, proposed rule concerning the permitting of minor oil and natural gas sources in Indian country in the action it will take as a follow up to the ANPR. M. Final Rule Changes to the Federal Indian Country Minor NSR Rule 1. Proposed Rule In the January 14, 2014, notice, we proposed five changes to three separate provisions in the existing Federal Indian Country Minor NSR rule to ensure the smooth functioning of the general permit program: (a) Shortening the general permit application review process from 90 to 45 days for certain source categories (§ 49.156(e)(4)); (b) Adjusting the deadline by which minor sources covered by a general 45 ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country,’’ U.S. Environmental Protection Agency, 79 FR 41846, July 17, 2014, https:// www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/201416814.pdf. E:\FR\FM\01MYR2.SGM 01MYR2 25088 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations permit need to obtain a preconstruction permit (§ 49.151(c)(1)(iii)(B)); (c) Extending the permitting deadline for true minor sources within the oil and gas source category (§ 49.151(c)(1)(iii)(B)); (d) Removing a provision to make it clear that sources may seek coverage under a general permit as soon as it is effective and need not wait an additional four months (§ 49.156(e)(1)); and (e) Adjusting the deadline for oil and natural gas sources for certain registration related requirements to be consistent with the proposed permitting deadline extension (§ 49.160(c)(1)(ii) and (iii)). We proposed the first change for three source categories: GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities. mstockstill on DSK4VPTVN1PROD with RULES2 2. Final Action, Comments and Responses On June 16, 2014, EPA issued final amendments 46 addressing three of the changes: • Adjusted the deadline by which minor sources covered by a general permit need to obtain a preconstruction permit by eliminating a requirement for all true minor sources that begin operation before September 2, 2014, to obtain a minor NSR permit 6 months after the EPA publishes a general permit (no general permits were finalized by May 2014, so the provision was moot) (§ 49.151(c)(1)(iii)(B)) (pertains to item (b) under above Section 1. Proposed Rule); • Extended the permitting deadline for true minor sources within the oil and gas source category (§ 49.151(c)(1)(iii)(B)) (pertains to item (c) under above Section 1. Proposed Rule); and • Adjusted the deadline for oil and gas sources for certain registrationrelated requirements to be consistent with the proposed permitting deadline extension (§ 49.151(c)(1)(iii)(A)) and § 49.160(c)(1)(ii) and (iii)) (pertains to item (e) under above Section 1. Proposed Rule). The comments received on these changes were addressed in the June 16, 2014, Federal Register notice. In today’s final action, we are addressing the two other proposed changes: 46 ‘‘Review of New Sources and Modifications in Indian Country Amendments to the Registration and Permitting Deadlines for True Minor Sources,’’ U.S. Environmental Protection Agency, 79 FR 34231, June 16, 2014, https://www.gpo.gov/fdsys/ pkg/FR-2014-06-16/pdf/2014-14030.pdf. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 • Shortening the general permit application review process from 90 to 45 days for certain source categories (§ 49.156(e)(4)) (pertains to item (a) under above Section 1. Proposed Rule); and • Removing a provision to make clear that sources may seek coverage under a general permit as soon as it is effective and need not wait an additional 4 months (§ 49.156(e)(1)) (pertains to item (d) under above Section 1. Proposed Rule). The first change is now moot because we are finalizing permits by rule for the three source categories in question (except that the GDF permit by rule does not cover California); the permit by rule process does not include an application review. We are addressing the second change by amending § 49.156(e)(1) to make the general permits available as soon as they are effective, which is generally 60 days after signature. In addition, we have added a provision to ensure that this is also true for permits by rule that we promulgate. The EPA received comments related to these two changes. Summaries of all comments and our responses are contained in Section 7.0 of the RTC Document. Several commenters supported the EPA’s proposal to amend § 49.156(e)(1) so that minor sources would not be required to wait four months to seek coverage under the general permit after the general permit’s effective date, but may seek coverage as soon as the general permit is effective. The EPA is removing the requirement for sources to wait four months after the general permit is finalized to request coverage. The EPA also received a number of comments related to shortening the general permit application review process from 90 to 45 days for certain source categories. Multiple commenters supported the EPA’s proposal to shorten the general permit application review process from 90 to 45 days for 3 of the proposed source categories (GDFs, auto body repair and miscellaneous surface coating operations, and petroleum dry cleaning facilities). A few commenters recommended that the EPA consider reducing the application review period for general permits to 30 days. As noted, the EPA is not finalizing revisions to § 49.156(e)(4) to shorten the General Permit application review process from 90 to 45 days for the permits for the GDF, auto body repair and miscellaneous surface operations, or petroleum dry cleaning source categories because we are not issuing general permits for those source categories. Rather, we are establishing permits by rule, for which there is no PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 review process for these three source categories. We are promulgating a minor amendment to § 49.151(c)(1)(iii)(B) by adding the words ‘‘permit by rule’’ after general permit to ensure that it is clear that the permit by rule option is available to true minor sources required to obtain a minor source permit. The section reads as follows with the added amendatory words ‘‘/permit by rule’’: ‘‘If your true minor source is not an oil and natural gas source and you wish to begin construction of a new true minor source or a modification at an existing true minor source on or after September 2, 2014, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit/permit by rule pursuant to § 49.156, if applicable). If your true minor source is an oil and natural gas source and you wish to begin construction of a new true minor source or a modification at an existing true minor source on or after March 2, 2016, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit/permit by rule pursuant to § 49.156, if applicable). The proposed new source or modification will also be subject to the registration requirements of § 49.160, except for sources that are subject to § 49.138.’’ Finally, we are promulgating a minor amendment to § 49.156 by adding the words ‘‘permits by rule’’ after general permits to ensure that it is clear that the section also contains requirements for permit by rule. The introductory paragraph to the section reads as follows with the added amendatory words ‘‘/ permits by rule’’: ‘‘This section applies to general permits/permits by rule for the purposes of complying with the preconstruction permitting requirements for sources of regulated NSR pollutants under this program.’’ V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This action merely establishes general permits and/or permits by rule to satisfy the requirements of the Federal Indian Country Minor NSR rule. Such permits are already available in E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations many states. It does not impose any new obligations or enforceable duties on any state, local or tribal government or the private sector. Therefore, this action does not impose an information collection burden. OMB has previously approved the information collection activities in the permits in this action, which are contained in the Information Collection Request for Federal Indian Country Minor NSR rule issued in July 2011 (OMB Control No. 2060–0003). C. Regulatory Flexibility Act I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The EPA analyzed the impact of streamlined permitting on small entities in the Federal Indian Country Minor NSR rule (76 FR 38748, July 1, 2011). The EPA determined that that action would not have a significant economic impact on a substantial number of small entities. Today’s action merely implements a particular aspect of the Federal Indian Country Minor NSR rule. As such, this action will not have a significant economic impact on a substantial number of small entities. We have, therefore, concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act This action does not contain any unfunded mandates, as described in the Unfunded Mandates Reform Act, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. mstockstill on DSK4VPTVN1PROD with RULES2 E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. The EPA has conducted outreach on this rule via ongoing monthly meetings with tribal environmental professionals in the development of this final action. This action reflects tribal comments on and priorities for developing general permits and permits by rule in Indian country. The EPA offered consultation to elected tribal officials immediately after proposal on December 16, 2013, via letter to 566 tribes to provide an opportunity for meaningful and timely input into the development of this regulation. No tribal officials requested consultation on this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental, health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act The final action involves technical standards. The EPA has decided to use the EPA Methods 5, 7E and 10. While for the proposal the agency identified 13 voluntary consensus standards (ASME B133.9–1994 (2001), ISO 9096:1992 (2003), ANSI/ASME PTC–38–1980 (1985), ASTM D3685/D3685M–98 (2005), CAN/CSA Z223.1–M1977, ANSI/ASME PTC 19–10–1981—Part 10, ISO 10396:1993 (2007), ISO 12039:2001, ASTM D5835–95 (2007), ASTM D6522– 00 (2005), CAN/CSA Z223.2–M86 (1999), CAN/CSA Z223.21–M1978, ASTM D3162–94 (2005)) as being potentially applicable, we are not finalizing these in this rulemaking. The use of these voluntary consensus PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 25089 standards would not be practical with applicable law due to a lack of equivalency, documentation, validation data and other important technical and policy considerations. The EPA did not receive comments that have caused us to alter the standards and methods in the final permits. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potentially, disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action does not affect the level of protection provided to human health or the environment. This final rule merely implements certain aspects of the Federal Indian Country Minor NSR rule. Therefore, this final action will not have a disproportionately high and adverse human health or environmental effects on minorities, low-income, indigenous populations in the United States. Our primary goal in developing this program is to ensure that air resources in Indian country will be protected in the manner intended by the CAA. This Rule will reduce adverse impacts by improving air quality in Indian country. In addition, we seek to establish a flexible preconstruction permitting program for minor sources in Indian country that is comparable to similar programs in neighboring states in order to create a more level regulatory playing field for owners and operators within and outside of Indian country. This Rule will reduce an existing disparity by filling the regulatory gap. K. Congressional Review Act This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 49 Environmental protection, Administrative practices and procedures, Air pollution control, Indians, Indians-law, Indians-tribal government, Intergovernmental relations, Reporting and recordkeeping requirements. E:\FR\FM\01MYR2.SGM 01MYR2 25090 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations Dated: April 17, 2015. Gina McCarthy, Administrator. For the reasons stated in the preamble, title 40, Chapter 1 of the Code of Federal Regulations is amended as follows: PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart C—General Federal Implementation Plan Revisions 2. Section 49.151 is amended by revising paragraph (c)(1)(iii)(B) to read as follows: ■ § 49.151 Program overview. * * * * * (c) * * * (1) * * * (iii) * * * (B) If your true minor source is not an oil and natural gas source and you wish to begin construction of a new true minor source or a modification at an existing true minor source on or after September 2, 2014, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit/permit by rule pursuant to § 49.156, if applicable). If your true minor source is an oil and natural gas source and you wish to begin construction of a new true minor source or a modification at an existing true minor source on or after March 2, 2016, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit/permit by rule pursuant to § 49.156, if applicable). The proposed new source or modification will also be subject to the registration requirements of § 49.160, except for sources that are subject to § 49.138. * * * * * ■ 3. Section 49.156 is amended by revising the section heading, the introductory text, and paragraph (e)(1), and by adding paragraph (f) to read as follows: mstockstill on DSK4VPTVN1PROD with RULES2 § 49.156 rule. General permits and permits by This section applies to general permits/permits by rule for the purposes of complying with the preconstruction permitting requirements for sources of regulated NSR pollutants under this program. (e) * * * (1) If your source qualifies for a general permit, you may submit a Request for Coverage under that general VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 permit to the reviewing authority upon the effective date of the general permit, generally 60 days after publication of the general permit in the Federal Register. * * * * * (f) Permits by rule overview—(1) What is a permit by rule? A permit by rule is a preconstruction permit issued by a reviewing authority that may be applied to a number of similar emissions units or sources within a designated category. The purpose of a permit by rule is to simplify the permit issuance process for similar facilities so that a reviewing authority’s limited resources need not be expended for case-by-case permit development for such facilities. A permit by rule may be written to address a single emissions unit, a group of the same type of emissions units or an entire minor source. A source wishing to operate pursuant to a permit by rule must submit a Notification of Coverage Form to the reviewing authority prior to commencing construction or modification. Once a source submits the Notification of Coverage and the EPA posts it online, the source may commence construction or modification without further action by the reviewing authority. (2) When and where does a permit by rule apply? The provisions of a permit by rule established under the authority of this section apply on reservations and other areas of Indian country for which a tribe, or EPA acting in a tribe’s stead, has demonstrated that a tribe has jurisdiction and where there is no EPAapproved tribal minor NSR program and according to the following implementation schedule: Sources that qualify for a permit by rule and have completed and submitted to the reviewing authority and the tribe in the affected area that is covered under the permit by rule the required Notification of Coverage may commence construction of a new source or modification of an existing source after the reviewing authority has posted the Notification of Coverage Form online. If your source qualifies for a permit by rule, you may submit a Notification of Coverage Form under that permit by rule upon the effective date of the permit by rule, generally 60 days after publication of the permit by rule in the Federal Register. (3) How will the reviewing authority issue permits by rule? The reviewing authority will issue permits by rule as follows: (i) A permit by rule may be issued for a category of emissions units or sources that are similar in nature, have substantially similar emissions and PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 would be subject to the same or substantially similar requirements governing operations, emissions, monitoring, reporting and recordkeeping. ‘‘Similar in nature’’ refers to size, processes and operating conditions. (ii) A permit by rule must be issued according to the applicable requirements in §§ 49.154(c) and (d) and 49.155. (4) For what source categories will source category permits by rule be issued? (i) The reviewing authority will determine at its discretion which categories of true minor sources are appropriate for coverage under a permit by rule. (ii) Permits by rule will be issued at the discretion of the reviewing authority. Issuance of a permit by rule is considered final agency action with respect to all aspects of the permit by rule except its applicability to an individual source. Permits by rule for additional source categories may be added in the future following the procedure set forth in paragraph (e)(3)(ii) of this section. (iii) Permits by rule are currently available for the following source categories: (A) Auto body repair and miscellaneous surface coating operations (§ 49.162). (B) Petroleum dry cleaning facilities (§ 49.163). (C) Gasoline dispensing facilities (§ 49.164). (5) What should the permit by rule contain? A source category permit by rule must include the permit elements listed in § 49.155(a). (6) What procedures must you follow to obtain coverage for your source under a permit by rule? (i) You must determine whether your source is a true minor source by following the procedures outlined in § 49.153. (ii) If you determine your source is a true minor source, then to be eligible to be covered by the permit you must be willing to accept the terms and conditions of the permit by rule, including emissions limits that are either directly expressed as limits or specified as an operational throughput limit or threshold. (iii) Prior to submitting a completed Notification of Coverage to the reviewing authority notifying the reviewing authority that you are covered under a permit by rule, you must first submit documentation to the EPA (and to the tribe where the source is located/ locating) demonstrating that you have completed the screening processes specified for consideration of threatened E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations and endangered species and historic properties and receive a determination from the EPA stating that you have satisfactorily completed these processes. (The processes are contained in the following document: ‘‘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,’’ https://www.epa.gov/ air/tribal/tribalnsr.html.) Within 30 days of receipt of your documentation, by letter to you, the reviewing authority must provide a determination that: The documentation satisfactorily demonstrates completion of the threatened and endangered species and historic property processes; or the documentation is not adequate and additional information is needed. If the initial submittal is deficient, the reviewing authority will note any such deficiencies and may offer further direction on completing the screening process(es). Once you have addressed the noted deficiencies you must resubmit your threatened and endangered species and historic property screening procedure documentation for review. An additional 15-day review notification period will be used for the reviewing authority to determine whether the ESA/NHPA screening procedures have been satisfied. If they have, the reviewing authority will send you a letter so stating. You must obtain a letter from the reviewing authority indicating that the source has adequately completed the processes regarding threatened and endangered species and historic properties is necessary before you can qualify for coverage under the permit by rule. (iv) If your source qualifies for a permit by rule and you choose to be covered under it, following notification from the EPA that you have satisfactorily completed the threatened and endangered species and historic property processes correctly, you may submit a Notification of Coverage to the reviewing authority beginning upon the effective date of the permit by rule, generally 60 days after publication of the permit by rule in the Federal Register. Submission of the completed Notification of Coverage to the reviewing authority satisfies the registration requirement of § 49.160(c)((1)(iii). The necessary forms for submitting a Notification of Coverage are available online at https:// www.epa.gov/air/tribal/tribalnsr.html. You must also submit a copy of the Notification of Coverage to the tribe in VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 the area where your source is locating or modifying. (v) Upon receiving your Notification of Coverage, the notification will be posted on the reviewing authority’s Web site, which is the relevant EPA Regional Office’s Web site unless a tribe has been delegated authority to implement the Federal Minor NSR Program in Indian Country rule. The posting of the Notification of Coverage Form is considered final agency action with respect to the permit by rule’s applicability to an individual source. Appeals can only be made regarding the applicability of the permit by rule to an individual source or modification. Appeals must be made to the relevant U.S. Court of Appeals within 60 days of the EPA’s final action. (vi) Your source must comply with all terms and conditions of the relevant permit by rule. You will be subject to enforcement action for failure to obtain a preconstruction permit if the emissions unit(s) or source are constructed under coverage of a permit by rule and your source is later determined not to qualify for that permit by rule. (vii) Coverage under a permit by rule becomes invalid if construction is not commenced within 18 months after the date of the posting of the Notification of Coverage under a source category permit by rule, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; construction of each such phase must commence within 18 months of the projected and approved commencement date. (viii) Any source eligible to request coverage under a permit by rule may instead choose to apply for a source specific permit under § 49.154 if they prefer not to be subject to the permit by rule’s terms and conditions. ■ 4. Section 49.162 is added to read as follows: § 49.162 Air quality permit by rule for new or modified true minor source auto body repair and miscellaneous surface coating operations in Indian country. (a) Abbreviations and acronyms: CAA or the Act Federal Clean Air Act cc cubic centimeters CFR Code of Federal Regulations CO Carbon Monoxide EPA United States Environmental Protection Agency PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 25091 g/L grams per liter lb/gal pounds per gallon MSDS Material Safety Data Sheet NAAQS National Ambient Air Quality Standards NOX Oxides of Nitrogen NSR New Source Review PSD Prevention of Significant Deterioration VOC Volatile Organic Compounds (b) Definitions for the purposes of this permit by rule—(1) Adhesion promoter means a coating, which is labeled and formulated to be applied to uncoated plastic surfaces to facilitate bonding of subsequent coatings, and on which, a subsequent coating is applied. (2) Airless and air-assisted airless spray mean any paint spray technology that relies solely on the fluid pressure of the paint to create an atomized paint spray pattern and does not apply any atomizing compressed air to the paint before it leaves the paint nozzle. Airassisted airless spray uses compressed air to shape and distribute the fan of atomized paint, but still uses fluid pressure to create the atomized paint. (3) Cause means with respect to the reviewing authority’s ability to terminate a permitted source’s coverage under a permit by rule that: (i) The permittee is not in compliance with the provisions of this permit by rule; (ii) The reviewing authority determines that the emissions resulting from the construction or modification of the permitted source significantly contribute to NAAQS violations, which are not adequately addressed by the requirements in this permit by rule; (iii) The reviewing authority has reason to believe that the permittee obtained coverage under the permit by rule by fraud or misrepresentation; or (iv) The permittee failed to disclose a material fact required by the Notification of Coverage or the requirements applicable to the permitted source of which the applicant had or should have had knowledge at the time the permittee submitted the Notification of Coverage. (4) Clear coating means any coating that contains no pigments and is labeled and formulated for application over a color coating or clear coating. (5) Cold cleaning solvent makeup means the gallons of gross cold cleaning solvent usage minus the gallons of solvent disposed of as waste solvent. (6) Construction means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an affected emissions unit that would result in a change of emissions. (7) Color coating means any pigmented coating, excluding adhesion E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25092 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations promoters, primers, and multi-color coatings, that requires a subsequent clear coating and which is applied over a primer or adhesion promoter. Color coatings include metallic/iridescent color coatings. (8) Electrostatic application means any method of coating application where an electrostatic attraction is created between the part to be coated and the atomized paint particles. (9) Freeboard area means the air space in a batch-loaded cold cleaner that extends from the liquid surface to the top of the tank. (10) Freeboard height means the distance from the top of the solvent to the top of the tank for batch-loaded cold cleaners. (11) Freeboard ratio means the ratio of the solvent cleaning machine freeboard height to the smaller interior dimension (length, width, or diameter) of the solvent cleaning machine. (12) Halogenated Hazardous Air Pollutant (HAP) solvent means methylene chloride (CAS No. 75–09–2), perchloroethylene (CAS No. 127–18–4), trichloroethylene (CAS No. 79–01–6), 1,1,1-trichloroethane (CAS No. 71–55– 6), carbon tetrachloride (CAS No. 56– 23–5), and/or chloroform (CAS No. 67– 66–3). (13) High-volume, low-pressure (HVLP) spray equipment means spray equipment that is permanently labeled as such and used to apply any coating by means of a spray gun which is designed and operated between 0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure measured dynamically at the center of the air cap and at the air horns. (14) Liquid leak means a VOCcontaining liquid leak from the degreaser at a rate of three drops per minute or more or any visible liquid mist. (15) Multi-color coating means any coating that exhibits more than one color in the dried film after a single application, is packaged in a single container, and hides surface defects on areas of heavy use, and which is applied over a primer or adhesion promoter. (16) Notification of Coverage means the permit notification that contains all the information required in the standard notification form for this permit by rule. (17) One-component coating means a coating that is ready for application as it comes out of its container to form an acceptable dry film. A thinner necessary to reduce the viscosity is not considered a component. (18) Permittee means the owner or operator of a permitted source. (19) Permitted source means each auto body repair and miscellaneous VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 surface coating operation for which a source submits a complete Notification of Coverage. (20) Pretreatment coating means any coating that contains a minimum of onehalf (0.5) percent acid by weight and not more than 16 percent solids by weight necessary to provide surface etching and is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and adhesion. (21) Primer means any coating, which is labeled and formulated for application to a substrate to provide: (i) A bond between the substrate and subsequent coats; (ii) Corrosion resistance; (iii) A smooth substrate surface; or (iv) Resistance to penetration of subsequent coats, and on which a subsequent coating is applied. Primers may be pigmented. (22) Responsible official means one of the following: (i) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is directly responsible for the overall operation of the permitted source. (ii) For a partnership or sole proprietorship: A general partner or the proprietor, respectively. (iii) For a public agency: Either a principal executive officer or ranking elected official, such as a chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency. (23) Single-stage coating means any pigmented automotive coating, (excluding automotive adhesion promoters, primers and multi-color coatings), specifically labeled and formulated for application without a subsequent clear coating and that are applied over an adhesion promoter, a primer, or a color coating. Single-stage coatings include single-stage metallic/ iridescent coatings. (24) Spray-applied coating operations means coatings that are applied using a hand-held device that creates an atomized mist of coating and deposits the coating on a substrate. For the purposes of this permit by rule, sprayapplied coatings do not include the following materials or activities: (i) Coatings applied from a hand-held device with a paint cup capacity that is equal to or less than 3.0 fluid ounces (89 cc). PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 (ii) Surface coating application using powder coating, hand-held, nonrefillable aerosol containers, or nonatomizing application technology, including, but not limited to, paint brushes, rollers, hand wiping, flow coating, dip coating, electro deposition coating, web coating, coil coating, touch-up markers, or marking pens. (iii) Thermal spray operations (also known as metalizing, flame spray, plasma arc spray, and electric arc spray, among other names) in which solid metallic or non-metallic material is heated to a molten or semi-molten state and propelled to the work piece or substrate by compressed air or other gas, where a bond is produced upon impact. (25) Temporary protective coating means any coating which is labeled and formulated for the purpose of temporarily protecting areas from overspray or mechanical damage. (26) Tire retread adhesive means any adhesive to be applied to the back of pre-cured tread rubber and to the casing and cushion rubber, or to be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new tread. (27) Truck bed liner coating means any coating, excluding color, multicolor, and single stage coatings, labeled and formulated for application to a truck bed to protect it from surface abrasion. (28) Two-component coating means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst, before application to form an acceptable dry film. (29) Underbody coating means any coating labeled and formulated for application to wheel wells, the inside of door panels or fenders, the underside of a trunk or hood, or the underside of the motor vehicle. (30) Uniform finish coating means any coating labeled and formulated for application to the area around a spot repair for the purpose of blending a repaired area’s color or clear coat to match the appearance of an adjacent area’s existing coating. (31) Volatile organic compounds or VOC means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This does not include the compounds listed in 40 CFR 51.100(s)(1). (c) Information about this permit by rule. (1) Applicability. Pursuant to the provisions of the Clean Air Act (CAA), subchapter I, part D and 40 CFR part 49, subpart C, this permit authorizes the construction or modification and the E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations operation of the auto body repair and miscellaneous surface coating operation for which a reviewing authority receives a completed Notification of Coverage (permitted source). (2) Eligibility. To be eligible for coverage under this permit by rule, the permitted source must qualify as a true minor source as defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR 49.156(f)(6)(iii). (3) Notification of Coverage. Requirements for submitting a Notification of Coverage are contained in paragraph (d)(1) of this section. The information contained in each permitted source’s Notification of Coverage is hereby enforceable under this permit by rule. (4) Termination. Paragraph (d)(6) of this section addresses a reviewing authority’s ability to revise, revoke and reissue, or terminate coverage under this permit by rule. It also addresses the reviewing authority’s ability to terminate an individual permitted source’s coverage under this permit by rule. (5) Definitions. The terms used herein shall have the meaning as defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of this section. If a term is not defined, it shall be interpreted in accordance with normal business use. (d) Permit by rule terms and conditions. The following applies to each permittee and permitted source with respect to only the affected emissions units and any associated air pollution control technologies in that permitted source’s Notification of Coverage. (1) General provisions—(i) Obtaining coverage under this permit by rule. To obtain coverage under this permit by rule, an applicant must submit a completed Notification of Coverage to the appropriate reviewing authority for the area in which the permitted source is or will be located (the Notification of Coverage Form can be found at: https:// www.epa.gov/air/tribal/tribalnsr.html). Table 2 contains a list of reviewing authorities and their area of coverage. You must also submit a copy of the Notification of Coverage to the Indian governing body for any area in which the permitted source will operate in Indian country. (ii) Construction and operation. The permittee shall construct or modify and shall operate the affected emissions units and any associated air pollution control technologies in compliance with this permit by rule and all other applicable federal air quality regulations; and in a manner consistent with representations made by the VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 permittee in the Notification of Coverage. (iii) Location. This permit by rule only authorizes the permittee to construct or modify and to operate the permitted source in the location listed in the Notification of Coverage for that permitted source. (iv) Liability. This permit by rule does not release the permittee from any liability for compliance with other applicable federal and tribal environmental laws and regulations, including the CAA. (v) Severability. The provisions of this permit by rule are severable. If any portion of this permit by rule is held invalid, the remaining terms and conditions of this permit by rule shall remain valid and in force. (vi) Compliance. The permittee must comply with all provisions of this permit by rule, including emission limitations that apply to the affected emissions units at the permitted source. Noncompliance with any permit by rule provision is a violation of the permit by rule and may constitute a violation of the CAA; is grounds for an enforcement action; and is grounds for the reviewing authority to revoke and terminate the permitted source’s coverage under this permit by rule. (vii) National Ambient Air Quality Standards (NAAQS)/Prevention of Significant Deterioration (PSD) Protection. The permitted source must not cause or contribute to a NAAQS violation or, in an attainment area, must not cause or contribute to a PSD increment violation. (viii) Unavailable defense. It is not a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the provisions of this permit by rule. (ix) Property rights. This permit by rule does not convey any property rights of any sort or any exclusive privilege. (x) Information requests. You, as the permittee, shall furnish to the reviewing authority, within 30 days unless another timeframe is specified by the EPA, any information that the reviewing authority may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating coverage under the permit by rule or to determine compliance with the permit by rule. For any such information claimed to be confidential, the permittee must submit a claim of confidentiality in accordance with 40 CFR part 2, subpart B. (xi) Inspection and entry. Upon presentation of proper credentials, the PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 25093 permittee must allow a representative of the reviewing authority to: (A) Enter upon the premises where a permitted source is located or emissions-related activity is conducted or where records are required to be kept under the conditions of the permit by rule; (B) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit by rule; (C) Inspect, during normal business hours or while the permitted source is in operation, any facilities, equipment (including monitoring and air pollution control equipment), practices or operations regulated or required under the permit by rule; (D) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit by rule or other applicable requirements; and (E) Record any inspection by use of written, electronic, magnetic and photographic media. (xii) Posting of coverage. The most current Notification of Coverage for the permitted source must be posted prominently at the facility, and each affected emissions unit and any associated air pollution control technology must be labeled with the identification number listed in the Notification of Coverage for that permitted source. (xiii) Duty to obtain source-specific permit. If the reviewing authority intends to terminate a permitted source’s coverage under this permit by rule for cause as provided in § 49.162(d)(6), then the permittee shall apply for and obtain a source-specific permit as required by the reviewing authority. (xiv) Credible evidence. For the purpose of establishing whether the permittee violated or is in violation of any requirement of this permit by rule, nothing shall preclude the use, including the exclusive use, of any credible evidence or information relevant to whether a permitted source would have been in compliance with applicable requirements if the permittee had performed the appropriate performance or compliance test or procedure. (2) Emission limitations and standards. (i) The permittee shall install, maintain, and operate each affected emissions unit, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions of NSR regulated pollutants and considering the manufacturer’s recommended operating E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25094 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations procedures at all times, including periods of startup, shutdown, maintenance and malfunction. The reviewing authority will determine whether the permittee is using acceptable operating and maintenance procedures based on information available to the reviewing authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the permitted source. (ii) The permittee shall not use volatile organic compound (VOC) containing materials (e.g., coatings, thinners, and clean-up solvents) in excess of the following amounts (solvent used in a cold cleaning solvent degreaser does not count toward compliance with this limit): (A) 5,000 gallons per year based on a 12-month rolling total for facilities located in ozone attainment, unclassifiable or attainment/ unclassifiable areas; and (B) 900 gallons per year based on a 12month rolling total for facilities located in ozone nonattainment areas. (iii) Total annual cold cleaning solvent makeup shall not exceed 500 gallons in any 12-month period. (iv) The total combined heat input capacity of all combustion units (such as space heaters or ovens) shall not exceed 10 MMBtu/hr. The combustion units shall only burn natural gas, propane, or butane. (v) Each combustion unit rated at 2.0 MMBtu/hr or greater located in a serious, severe, or extreme ozone nonattainment area shall meet the following requirements: (A) NOX emissions shall not exceed 30 ppmdv at 3 percent oxygen or 0.011 lb/MMBtu based on a 15-minute average. (B) CO emissions shall not exceed 400 ppmdv at 3 percent oxygen or 0.30 lb/ MMBtu based on a 15-minute average. (vi) The capacity of any volatile liquid storage tank shall not exceed 19,812 gallons. (vii) Except as specified in paragraph (d)(2)(xv) of this section, the VOC content of coatings, as applied, shall not exceed 8.34 pounds of VOC per gallon (999.4 grams of VOC per liter). (viii) All painters must have certification that they have completed training in the proper spray application of surface coatings and the proper setup and maintenance of spray equipment. The minimum requirements for training and certification are described in paragraph (f) of this section. The spray application of surface coatings by persons who are not certified as having completed the training described in VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 paragraph (f) of this section is prohibited. This condition does not apply to the students of an accredited surface coating training program who are under the direct supervision of an instructor who meets the requirements of this condition. (ix) All spray-applied coating operations must be applied in a spray booth, preparation station, or mobile enclosure that meets the following standards: (A) All spray booths, preparation stations, and mobile enclosures must be equipped with an exhaust filter certified by the manufacturer to achieve at least 98 percent capture of paint overspray. The procedure used to demonstrate filter efficiency must be consistent with the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Method 52.1, ‘‘Gravimetric and Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General Ventilation for Removing Particulate Matter, June 4, 1992.’’ The test coating for measuring filter efficiency shall be a high solids bake enamel delivered at a rate of at least 135 grams per minute from a conventional (non-HVLP) air-atomized spray gun operating at 40 pounds per square inch (psi) air pressure; the air flow rate across the filter shall be 150 feet per minute. Owners and operators may use published filter efficiency data provided by filter vendors to demonstrate compliance with this requirement and are not required to perform this measurement. The requirements of this paragraph do not apply to water wash spray booths that are operated and maintained according to the manufacturer’s specifications. (B) Spray booths and preparation stations used to refinish complete motor vehicles or mobile equipment must be fully enclosed with a full roof and four complete walls or complete side curtains, and must be ventilated at negative pressure so that air is drawn into any openings in the booth walls or preparation station curtains. However, if a spray booth is fully enclosed and has seals on all doors and other openings and has an automatic pressure balancing system, it may be operated at up to, but not more than, 0.05 inches water gauge positive pressure. (C) Spray booths and preparation stations that are used to coat miscellaneous parts and products or vehicle subassemblies must have a full roof, at least three complete walls or complete side curtains, and must be ventilated so that air is drawn into the booth. The walls and roof of a booth may have openings, if needed, to allow PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 for conveyors and parts to pass through the booth during the coating process. (D) Mobile ventilated enclosures within the site that are used to perform spot repairs must enclose and, if necessary, seal against the surface around the area being coated such that paint overspray is retained within the enclosure and directed to a filter to capture paint overspray. (E) The exhaust filters of spray booths shall be equipped with pressure gauges that indicate, in inches of water, the static pressure differential across the exhaust filters. (F) Each spray booth located in a serious, severe, or extreme ozone nonattainment area that uses greater than 4 gallons per day of VOCcontaining material shall install add-on controls (with greater than or equal to 90 percent collection efficiency and greater than or equal to 95 percent destruction efficiency) or use material with less than 5 percent VOC by weight or low VOC materials that result in an equivalent emission reduction. (x) Except for serious, severe, and extreme ozone nonattainment areas, all spray-applied coating operations must be applied with a high volume, low pressure (HVLP) spray gun, electrostatic application, airless spray gun, or airassisted airless spray gun. An equivalent spray technology may be used if it that has been demonstrated by the spray gun manufacturer to achieve a transfer efficiency comparable to that of an HVLP spray gun and for which the spray gun manufacturer has obtained written approval from the U.S. Environmental Protection Agency (EPA). The requirements of this condition do not apply to spray guns with a cup capacity less than 3.0 fluid ounces (89 cc). (xi) In serious, severe, and extreme ozone nonattainment areas, all sprayapplied coating operations must be applied with an HVLP spray gun, low volume low pressure (LVLP) spray gun, or air brush spray operation. An equivalent spray technology may be used if it has been demonstrated by the spray gun manufacturer to achieve a transfer efficiency comparable to that of an HVLP spray gun and for which the spray gun manufacturer has obtained written approval from the EPA. (xii) All paint spray gun cleaning must be done so that an atomized mist or spray of gun cleaning solvent and paint residue is not created outside of a container that collects used gun cleaning solvent. Spray gun cleaning may be done with, for example, hand cleaning of parts of the disassembled gun in a container of solvent, by flushing solvent through the gun E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations without atomizing the solvent and paint residue, or by using a fully enclosed spray gun washer. A combination of non-atomizing methods may also be used. (xiii) All VOC-containing material (e.g., coatings, thinners, and clean-up solvents) shall be stored in closed containers. (xiv) All waste materials containing VOC (e.g., soiled rags) shall be stored in sealed containers until properly disposed. (xv) Each permitted source located in a serious, severe, or extreme ozone 25095 nonattainment area, shall not apply a coating that has VOC content in excess of the limits listed in the Table 1 below. Compliance with the VOC limits shall be based on VOC content, including any VOC material added to the original coating supplied by the manufacturer, less water. TABLE 1—VOC CONTENT LIMITS VOC content limits (grams/liter) Type of coating mstockstill on DSK4VPTVN1PROD with RULES2 Adhesion Promoter .................................................................................................................................................. Clear Coating ........................................................................................................................................................... Color Coating ........................................................................................................................................................... Multi-Color Coating .................................................................................................................................................. Pretreatment ............................................................................................................................................................ Primer ...................................................................................................................................................................... Single-Stage Coating ............................................................................................................................................... Temporary Protective Coating ................................................................................................................................. Truck Bed Liner Coating .......................................................................................................................................... Underbody Coating .................................................................................................................................................. Uniform Finishing Coating ....................................................................................................................................... One or Two-Component Coatings for Plastics ........................................................................................................ Tire Retread Adhesive ............................................................................................................................................. Any other coating type or adhesive ......................................................................................................................... (xvi) For each batch-loaded cold cleaner degreaser, the permittee shall comply with the requirements of paragraph (e) of this section. (xvii) Each permitted source located in a serious, extreme, or severe ozone nonattainment area, shall use cleaning materials in the batch-loaded cold cleaner degreaser that have a VOC content of less than 25 grams per liter. (3) Monitoring and testing requirements—(i) Initial performance tests. (A) Within 60 days after achieving the maximum production rate at which the permitted source will operate the affected emissions unit(s), but not later than 180 days after the first day of operation under the permit by rule, the permittee shall perform an initial performance test to verify compliance with the emission limitations in paragraphs (d)(2)(v) and (d)(2)(ix)(F) of this section (including capture efficiency requirements), if applicable. Performance tests shall be performed: (1) According to a test plan submitted at least 30 days in advance of the test date to the reviewing authority; (2) While the permitted source is operating under typical operating conditions; (3) Using test methods from 40 CFR part 60, appendix A. In lieu of the test methods from 40 CFR part 60, appendix A, measurements for NOX and CO may be taken using portable analyzers according to ASTM D6522–00, as incorporated by reference in 40 CFR 63.14(b)(27); VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 (4) Using Method 5 with a sample volume of at least 31.8 dscf to determine particulate matter concentration; and (5) Simultaneously for CO and NOX whenever either one needs to be tested. (B) Compliance with each limit shall be demonstrated by averaging the results of at least three test runs of at least 1 hour duration each, unless the permittee can demonstrate to the satisfaction of the reviewing authority that the result of one of the test runs should be discarded. The test results the permittee submits must contain at least two test runs. (ii) The permitted source shall demonstrate compliance with the paint overspray capture efficiency requirements of paragraph (d)(2)(ix)(A) of this section using published filter efficiency data provided by filter vendors, as described in paragraph (d)(2)(ix)(A) of this section. (iii) The permitted source shall install, operate, and maintain an exhaust filter pressure gauge on each spray booth and monitor (in inches of water) the static pressure differential across the exhaust filter at least once per calendar month while the equipment is operating. As necessary, the exhaust filter shall be replaced according to the manufacturer’s specifications. (iv) The exterior of each spray booth, preparation station, or mobile enclosure shall be inspected at least once per calendar month for evidence of overspray. If evidence of overspray is apparent, the permittee shall take PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 540 250 420 680 660 250 340 60 310 430 540 120 100 250 VOC content limits (lb/gallon) 4.5 2.1 3.5 5.7 5.5 2.1 2.8 0.5 2.6 3.6 4.5 1.0 0.8 2.1 corrective action to eliminate overspray from the exterior of each spray booth, preparation station, or mobile enclosure. (v) Prior to each use, each cold solvent cleaning degreaser shall be inspected for liquid leaks, visible tears, or cracks. (4) Recordkeeping requirements. (i) The permittee shall maintain all records required to be kept by this permit by rule onsite for at least 5 years from the date of origin of the record, unless otherwise stated. (ii) The Notification of Coverage and all documentation supporting the notification shall be maintained by the permittee for the duration of time the affected emissions unit(s) is covered under this permit by rule. (iii) The permittee shall keep records of the VOC-containing materials (including coatings, thinners, and cleanup solvents) as follows: (A) The name and Material Safety Data Sheet (MSDS) for each VOCcontaining material used onsite; and (B) The gallons of each VOCcontaining material used each month and the resulting 12-month rolling total of VOC-containing material used. The 12-month rolling total is defined as the sum of the VOC material used during the current month and the VOC material used for the previous 11 months. (C) For each permitted source located in a serious, severe, or extreme ozone nonattainment area not complying with the control requirements in paragraph (d)(2)(ix)(F) of this section (add-on controls or low VOC-containing E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25096 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations material), the combined daily gallons of VOC-containing material used in all spray booths. (iv) The permittee shall keep records of the VOC content (g/L or lb/gal) for each coating material used onsite. (v) For each spray booth, preparation station, and mobile enclosure, the permittee shall maintain records of: (A) The filter efficiency of the exhaust material; (B) The monthly exhaust filter pressure gauge readings specified in § 49.162(d)(3)(iii); (C) The date when each exhaust filter is replaced; (D) Any corrective actions taken to reduce overspray; and (E) The results of any corrective actions taken. (vi) The permittee shall maintain documentation from the spray gun manufacturer that each spray gun meets the requirements of paragraphs (d)(2)(x) and (xi) of this section, as applicable. For a spray gray that uses equivalent technology, documentation that the spray gun has been determined by the EPA to achieve a transfer efficiency equivalent to that of an HVLP spray gun is required. (vii) For each cold cleaning solvent degreaser, the permittee shall: (A) Maintain records of owner’s manuals, or if not available, written maintenance and operating procedures; and (B) Maintain a log of any actions taken to repair leaks, tears or cracks and the results of the corrective action taken. (viii) The permittee shall maintain records of the MSDS for each solvent used in a solvent degreaser. (ix) The permittee shall maintain records of the gallons of cold cleaning solvent makeup used each calendar month and a total of the number of gallons of cold cleaning solvent makeup used in each 12-month period. (x) The results of each performance test conducted pursuant to paragraph (d)(3)(i) of this section shall be recorded. At a minimum, the permittee shall maintain records of: (A) The date of each test; (B) Each test plan; (C) Any documentation required to approve an alternate test method; (D) The results of each test; (E) The name of the company or entity conducting the analysis; and (F) Test conditions. (5) Notification and reporting requirements—(i) Notification of construction or modification, and operations. The permittee shall submit a written or electronic notice to the reviewing authority within 30 days from when the permittee begins actual VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 construction, and within 30 days from when the permittee begins initial operations or resumes operations after a modification. (ii) Notification of change in ownership or operator. If the permitted source changes ownership or operator, then the new owner must submit a written or electronic notice to the reviewing authority within 90 days before or after the change in ownership is effective. In the notice, the new permittee must provide the reviewing authority a written agreement containing a specific date for transfer of ownership, and an effective date on which the new owner assumes partial and/or full coverage and liability under this permit by rule. The submittal must identify the previous owner, and update the name, street address, mailing address, contact information, and any other information about the permitted source if it would change as a result of the change of ownership. The current owner shall ensure that the permitted source remains in compliance with the permit by rule until any such transfer of ownership if effective. (iii) Notification of closure. The permittee must submit a report of any permanent or indefinite closure to the reviewing authority in writing within 90 days after the cessation of all operations at the permitted source. The notification must identify the owner, the current location, and the last operating location of the permitted source. It is not necessary to submit a report of closure for regular, seasonal closures. (iv) Annual reports. The permittee shall submit an annual report on or before March 15 of each calendar year to the reviewing authority. The annual report shall cover the period from January 1 to December 31 of the previous calendar year and shall include: (A) An evaluation of the permitted source’s compliance status with the requirements in paragraph (d)(2) of this section; (B) Summaries of the required monitoring and recordkeeping above in paragraphs (d)(3) and (4) of this section; and (C) Summaries of deviation reports submitted pursuant to paragraph (d)(5)(v) of this section. (v) Deviation reports. The permittee shall promptly report to the reviewing authority any deviations as defined at 40 CFR 71.6(a)(3)(iii)(C) from permit by rule requirements including deviations attributable to upset conditions. (For the purposes of this permit by rule, promptly shall be defined to mean: At the time the annual report in PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 § 49.162(d)(5)(iv) is submitted.) Deviation reports shall include: (A) The identity of the affected emissions unit(s) where the deviation occurred; (B) The nature of the deviation; (C) The length of time of the deviation; (D) The probable cause of the deviation; and (E) Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions from the deviation and to prevent future deviations. (vi) Performance test reports. The permittee shall submit a test report to the reviewing authority within 45 days after the completion of any required performance test. At a minimum, the test report shall include: (A) A description of the affected emissions unit and sampling location(s); (B) The time and date of each test; (C) A summary of test results, reported in units consistent with the applicable standard; (D) A description of the test methods and quality assurance procedures used; (E) A summary of any deviations from the proposed test plan and justification for why the deviation(s) was necessary; (F) The amount of fuel burned, raw material consumed, and product produced during each test run; (G) Operating parameters of the affected emissions units and control equipment during each test run; (H) Sample calculations of equations used to determine test results in the appropriate units; and (I) The name of the company or entity performing the analysis. (vii) Reporting and notification address. The permittee shall send all required reports to the reviewing authority at the mailing address specified in paragraph (g) of this section. (viii) Signature verifying truth, accuracy and completeness. All reports required by this permit by rule shall be signed by a responsible official as to the truth, accuracy and completeness of the information. The report must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete. If the permittee discovers that any reports or notification submitted to the reviewing authority contain false, inaccurate, or incomplete information, the permittee shall notify the reviewing authority immediately and correct or amend the report as soon as practicable. (6) Changes to this permit by rule—(i) Revising, reopening, revoking and reissuing, or terminating for cause. The permit by rule may be revised, E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re-issuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit by rule condition. This provision also applies to the documents incorporated by reference. (ii) Terminating coverage under this permit by rule. The reviewing authority may terminate coverage under the permit by rule, and thereby terminate that permittee’s authorization to construct or modify, and that permitted source’s authorization to operate under this permit by rule for cause as defined in paragraph (b) of this section. The reviewing authority may provide the permittee with notice of the intent to terminate, and delay the effective date of the termination to allow the permittee to obtain a source-specific permit as required by the reviewing authority. (iii) Permit becomes invalid. Authority to construct and operate under this permit by rule becomes invalid if the permittee does not commence construction within 18 months after the notification of coverage is received by the reviewing authority, if the permittee discontinues construction for a period of 18 months or more, or if the permittee does not complete construction within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that an extension is justified, according to 40 CFR 49.156(e)(8). (e) Standards for batch-loaded cold cleaner degreasers. (1) Each degreaser shall be operated in accordance with the manufacturer’s specifications and shall be used with tightly fitting covers that are free of cracks, holes, or other defects. In addition, the cover shall be closed at all times when the degreaser contains solvent, except during parts entry and removal or performing maintenance or monitoring that requires the removal of the cover. (2) The solvent container shall be free of all liquid leaks. Auxiliary degreaser equipment, such as pumps, water separators, steam traps, or distillation units, shall not have any liquid leaks, visible tears, or cracks. In addition, any liquid leak, visible tear, or crack detected pursuant to the provisions of this condition shall be repaired within 48 hours, or the degreaser shall be drained of all solvent and shut down until replaced or repaired. (3) All waste solvents shall be stored in properly identified and sealed containers. All associated pressure relief VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 devices shall not allow liquid solvents to drain out. (4) Solvent flow cleaning shall be done within the freeboard area, and shall be done by a liquid stream rather than a fine, atomized, or shower-type spray. Solvent flow shall be directed downward to avoid turbulence at the air-solvent interface and to prevent liquid solvent from splashing outside of the degreaser. (5) Degreasing of porous or absorbent materials, such as cloth, leather, wood, or rope is prohibited. (6) Workspace and ventilation fans shall not be positioned in such a way as to direct airflow near the degreaser openings. (7) Spills during solvent transfer shall be wiped up immediately and the used wipe rags shall be stored in closed containers that are handled in accordance with paragraph (e)(3) of this section. (8) Solvent levels shall not exceed the fill line. (9) The parts to be cleaned shall be racked in a manner that will minimize the drag-out losses. (10) The freeboard ratio shall be 0.75 or greater. Parts shall be drained immediately after the cleaning until at least 15 seconds have elapsed; or dripping of solvent ceases; or the parts become visibly dry. Parts with blind holes or cavities shall be tipped or rotated before being removed from a degreaser, such that the solvents in the blind holes or cavities are drained in accordance with the above requirements. (11) Draining or filling of solvent containers shall be performed beneath the liquid solvent surface. (12) Solvent agitation, where necessary, shall be carried out only by pump recirculation, ultrasonics, a mixer, or by air agitation. Air agitation shall be accomplished under the following conditions: (i) The air agitation unit shall be equipped with a gauge and a device that limits air pressure into the degreaser to less than two pounds per square inch gauge; (ii) The cover must remain closed while the air agitation system is in operation; and (iii) Pump circulation shall be performed without causing splashing. (13) Airless/Air-tight Cleaning System Requirements—In lieu of meeting the requirements of paragraphs (e)(1) through (12) of this section, the permittee may use an airless/air-tight batch cleaning system provided that all of the following applicable requirements are met: PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 25097 (i) The equipment is operated in accordance with the manufacturer’s specifications and operated with a door or other pressure sealing apparatus that is in place during all cleaning and drying cycles. (ii) All waste solvents are stored in properly identified and sealed containers. (iii) All associated pressure relief devices shall not allow liquid solvents to drain out. (iv) Spills during solvent transfer shall be wiped up immediately, and the used wipe rags shall be stored in closed containers that are handled in accordance with paragraph (e)(3) of this section. (v) The equipment is maintained in a vapor-tight, leak-free condition and any leak is a violation. (f) Training and certification requirements for spray-applied surface coating personnel. The owner or operator of the permitted source must ensure and certify that all new and existing personnel, including contract personnel, who spray apply surface coatings are trained in the proper application of surface coatings as required by this permit by rule. The training program must include, at a minimum, the items listed in this paragraph (f). All personnel must be trained no later than 180 days after hiring. (1) A list of all current personnel by name and job description who are required to be trained. (2) Hands-on and classroom instruction that addresses, at a minimum, initial and refresher training in the following topics: (i) Spray gun equipment selection, set up, and operation, including measuring coating viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate. (ii) Spray technique for different types of coatings to improve transfer efficiency and minimize coating usage and overspray, including maintaining the correct spray gun distance and angle to the part, using proper banding and overlap, and reducing lead and lag spraying at the beginning and end of each stroke. (iii) Routine spray booth and filter maintenance, including filter selection and installation. (iv) Compliance with the requirements of this Permit by Rule. (3) A description of the methods to be used at the completion of initial or refresher training to demonstrate, document, and provide certification of successful completion of the required training. Owners and operators who can E:\FR\FM\01MYR2.SGM 01MYR2 25098 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations show by documentation or certification that a painter’s work experience and/or training has resulted in training equivalent to the training required in paragraph (f)(2) of this section are not required to provide the initial training required by that same paragraph to the painter. (4) Painter training that was completed within 5 years prior to the date training is required, and that meets the requirements specified in paragraph (f)(2) of this section satisfies this requirement and is valid for a period not to exceed 5 years after the date the training was completed. (5) Training and certification will be valid for a period not to exceed 5 years after the date the training is completed, and all personnel must receive refresher training that meets the requirements of this § 49.162(f) and be re-certified every 5 years. (g) List of reviewing authorities and areas of coverage. TABLE 2—LIST OF REVIEWING AUTHORITIES AND AREAS OF COVERAGE EPA region Address for notification of coverage Address for all other notification and reports Area covered Phone number Region I .............. EPA New England, 5 Post Office Square, Suite 100, Mail Code OEP05–2, Boston, MA 02109– 3912. Chief, Air Programs Branch, Clean Air and Sustainability Division, EPA Region 2, 290 Broadway, 25th Floor, New York, NY 10007–1866. Office of Permits and Air Toxics, 3AP10, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air Permits Section, EPA Region 4 APTMD, 61 Forsyth Street, Atlanta, GA 30303. EPA New England, 5 Post Office Square, Suite 100, Mail Code OES04–2, Boston, MA 02109– 3912. Chief, Air Compliance Branch, Division of Enforcement and Compliance Assistance, EPA Region 2, 290 Broadway, 21st Floor, New York, NY 10007–1866. Office of Air Enforcement and Compliance Assurance, 3AP20, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air & EPCRA Enforcement Branch, EPA Region 4 APTMD, 61 Forsyth Street, SW, Atlanta, GA 30303. Air Enforcement and Compliance Assurance Branch (AE–17J), Air and Radiation Division, EPA Region 5, 77 West Jackson Blvd, Chicago, IL 60604. Compliance and Enforcement Correspondence: Compliance Assurance and Enforcement Division, EPA Region 6, 1445 Ross Avenue (6EN), Dallas, TX 75202. Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. U.S. Environmental Protection Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics and Technical Enforcement Program, 8ENF–AT, 1595 Wynkoop Street, Denver, CO 80202. Enforcement Division Director, Attn: Air & TRI Section (ENF–2– 1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. Tribal Air Permits Coordinator, U.S. EPA, Region 10, AWT– 150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. New Jersey, New York, Puerto Rico, and Virgin Islands. 888–372–7341 617– 918–1111 Region II ............. Region III ............ Region IV ........... Region V ............ Air Permits Section, Air Programs Branch (AR–18J), EPA Region 5, 77 West Jackson Blvd, Chicago, Illinois 60604. Region VI ........... Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue (6PD–R), Dallas, TX 75202. Region VII .......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. U.S. Environmental Protection Agency, Region 8, Office of Partnerships and Regulatory Assistance, Tribal Air Permitting Program, 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202. Region VIII ......... Chief, Permits Office (Air-3), Air Division, EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. Region X ............ mstockstill on DSK4VPTVN1PROD with RULES2 Region IX ........... Tribal U.S. 150, 900, Air Permits Coordinator, EPA, Region 10, AWT– 1200 Sixth Avenue, Suite Seattle, WA 98101. 5. Section 49.163 is added to read as follows: ■ § 49.163 Air quality permit by rule for new or modified true minor source petroleum dry cleaning facilities in Indian country. (a) Abbreviations and acronyms: VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 Delaware, District of Co800–438–2474 215– lumbia, Maryland, Penn814–5000 sylvania, Virginia, and West Virginia. Alabama, Florida, Georgia, 800–241–1754 404– Kentucky, Mississippi, 562–9000 North Carolina, South Carolina, and Tennessee. Illinois, Indiana, Michigan, 800–621–8431 312– Minnesota, Ohio, and 353–2000 Wisconsin. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 800–887–6063 214– 665–2760 Iowa, Kansas, Missouri, and Nebraska. 800–223–0425 913– 551–7003 Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 800–227–8917 303– 312–6312 American Samoa, Arizona, California, Guam, Hawaii, Navajo Nation Nevada, and Northern Mariana Islands. Alaska, Idaho, Oregon, and Washington. 866–EPA–9378 415–947–8000 CAA or the Act—Federal Clean Air Act CFR—Code of Federal Regulations EPA—United States Environmental Protection Agency NAAQS—National Ambient Air Quality Standards NSR—New Source Review PSD—Prevention of Significant Deterioration PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 877–251–4575 800–424–4372 206– 553–1200 (b) Definitions for the purposes of this permit by rule—(1) Cause means with respect to the reviewing authority’s ability to terminate a permitted source’s coverage under a permit that: E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations (i) The permittee is not in compliance with the provisions of this permit by rule; (ii) The reviewing authority determines that the emissions resulting from the construction or modification of the permitted source significantly contribute to National Ambient Air Quality Standard violations, which are not adequately addressed by the requirements in this permit by rule; (iii) The reviewing authority has reason to believe that the permittee obtained coverage under the permit by rule by fraud or misrepresentation; or (iv) The permittee failed to disclose a material fact required by the Notification of Coverage or the requirements applicable to the permitted source of which the applicant had or should have had knowledge at the time the permittee submitted the Notification of Coverage. (2) Construction means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an affected emissions unit that would result in a change of emissions. (3) Notification of Coverage means the permit notification that contains all of the information required in the standard notification form for this permit by rule. (4) Permittee means the owner or operator of a permitted source. (5) Permitted source means each petroleum drying cleaning facility for which a source submits a complete Notification of Coverage. (6) Responsible official means one of the following: (i) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is directly responsible for the overall operation of the permitted source. (ii) For a partnership or sole proprietorship: A general partner or the proprietor, respectively. (iii) For a public agency: Either a principal executive officer or ranking elected official, such as a chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency. (7) Solvent recovery dryer means a class of dry cleaning dyers that employs a condenser to condense and recovery solvent vapors evaporated in a closedloop stream of heated air, together with the piping and ductwork used in the installation of this device. VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 (c) Information about this permit by rule—(1) Applicability. Pursuant to the provisions of the Clean Air Act (CAA), subchapter I, part D and 40 CFR part 49, subpart C, this permit by rule authorizes the construction or modification and the operation of each stationary petroleum dry cleaning facility for which a reviewing authority receives a completed Notification of Coverage (permitted source). (2) Eligibility. To be eligible for coverage under this permit by rule, the permitted source must qualify as a true minor source as defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR 49.156(f)(6)(iii). (3) Notification of Coverage. Requirements for submitting a Notification of Coverage are contained in paragraph (d)(1) of this section. The information contained in each permitted source’s Notification of Coverage is hereby enforceable under this permit by rule. (4) Termination. Paragraph (d)(6) of this section addresses a reviewing authority’s ability to revise, revoke and reissue, or terminate coverage under this permit by rule. It also addresses the reviewing authority’s ability to terminate an individual permitted source’s coverage under this permit by rule. (5) Definitions. The terms used herein shall have the meaning as defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of this section. If a term is not defined, it shall be interpreted in accordance with normal business use. (d) Permit by rule terms and conditions. The following applies to each permittee and permitted source with respect to only the affected emissions units and any associated air pollution control technologies in that permitted source’s Notification of Coverage. (1) General provisions—(i) Obtaining coverage under this permit by rule. To obtain coverage under this permit by rule, an applicant must submit a completed Notification of Coverage to the appropriate reviewing authority for the area in which the permitted source is or will be located (the Notification of Coverage Form can be found at: https:// www.epa.gov/air/tribal/tribalnsr.html). Table 1 of paragraph (f) of this section contains a list of reviewing authorities and their area of coverage. You must also submit a copy of the Notification of Coverage to the Indian governing body for any area in which the permitted source will operate. (ii) Construction and operation. The permittee shall construct or modify and shall operate the affected emissions units and any associated air pollution PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 25099 control technologies in compliance with this permit by rule and all other applicable federal air quality regulations; and in a manner consistent with representations made by the permittee in the Notification of Coverage. (iii) Locations. This permit by rule only authorizes the permittee to construct or modify and to operate the permitted source at the location listed in the Notification of Coverage for that permitted source. (iv) Liability. This permit by rule does not release the permittee from any liability for compliance with other applicable federal and tribal environmental laws and regulations, including the CAA. (v) Severability. The provisions of this permit by rule are severable. If any portion of this permit by rule is held invalid, the remaining terms and conditions of this permit by rule shall remain valid and in force. (vi) Compliance. The permittee must comply with all provisions of this permit, including emission limitations that apply to the affected emissions units at the permitted source. Noncompliance with any permit by rule provision is a violation of the permit by rule and may constitute a violation of the CAA; is grounds for an enforcement action; and is grounds for the reviewing authority to revoke and terminate the permitted source’s coverage under this permit by rule. (vii) National Ambient Air Quality Standards (NAAQS)/Prevention of Significant Deterioration (PSD) Protection. The permitted source must not cause or contribute to a NAAQS violation or, in an attainment area, must not cause or contribute to a PSD increment violation. (viii) Unavailable defense. It is not a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the provisions of this permit by rule. (ix) Property rights. The permit by rule does not convey any property rights of any sort or any exclusive privilege. (x) Information requests. You, as the permittee, shall furnish to the reviewing authority, within 30 days unless another timeframe is specified by the EPA, any information that the reviewing authority may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating coverage under the permit by rule or to determine compliance with the permit by rule. For any such information claimed to be confidential, the permittee must submit a claim of confidentiality E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25100 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations in accordance with 40 CFR part 2, subpart B. (xi) Inspection and entry. Upon presentation of proper credentials, the permittee must allow a representative of the reviewing authority to: (A) Enter upon the premises where a permitted source is located or emissions-related activity is conducted or where records are required to be kept under the conditions of the permit by rule; (B) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit by rule; (C) Inspect, during normal business hours or while the permitted source is in operation, any facilities, equipment (including monitoring and air pollution control equipment), practices or operations regulated or required under the permit by rule; (D) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit by rule or other applicable requirements; and (E) Record any inspection by use of written, electronic, magnetic and photographic media. (xii) Posting of coverage. The most current Notification of Coverage for the permitted source must be posted prominently at the facility, and each affected emissions unit and any associated air pollution control technology must be labeled with the identification number listed in the Notification of Coverage for that permitted source. (xiii) Duty to obtain a source-specific permit. If the reviewing authority intends to terminate a permitted source’s coverage under this permit by rule for cause as provided in § 49.163(d)(6), then the permittee shall apply for and obtain a source-specific permit as required by the reviewing authority. (xiv) Credible evidence. For the purpose of establishing whether the permittee violated or is in violation of any requirement of this permit by rule, nothing shall preclude the use, including the exclusive use, of any credible evidence or information relevant to whether a permitted source would have been in compliance with applicable requirements if the permittee had performed the appropriate performance or compliance test or procedure. (2) Emission limitations and standards. (i) The permittee shall install, maintain, and operate each affected emissions unit, including any associated air pollution control equipment, in a manner consistent with VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 good air pollution control practices for minimizing emissions of NSR regulated pollutants and considering the manufacturer’s recommended operating procedures at all times, including periods of startup, shutdown, maintenance and malfunction. The reviewing authority will determine whether the permittee is using acceptable operating and maintenance procedures based on information available to the reviewing authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the permitted source. (ii) The permittee shall not consume more than the amount of petroleum solvent specified below: (A) 5,600 gallons per year based on a rolling 12-month total for a facility located in an ozone attainment, unclassifiable or attainment/ unclassifiable area; or (B) 1,300 gallons per year based on a rolling 12-month total for a facility located in an ozone nonattainment area. (iii) If your facility has a total manufacturer’s rated dryer capacity equal to or greater than 38 kilograms (84 pounds), then you shall meet the following requirements: (A) Each petroleum solvent dry cleaning dryer shall be a solvent recovery dryer. The solvent recovery dryer(s) shall be properly installed, operated and maintained according to the manufacturer’s specifications. (B) Each petroleum solvent dry cleaning dryer located in a serious, severe or extreme ozone nonattainment area shall be a closed loop, dry-to-dry machine with a refrigerated condenser (manufacture red on or after October 20, 2000) or with an evaporatively cooled condenser (manufacture red on or after July 9, 2004.) (iv) The maximum heat input capacity of each fuel combustion unit shall not exceed 10 MMBtu/hour and only natural gas, propane or butane may be used as fuels. (v) The total heat input capacity of the fuel combustion units shall be equal to or less than 30 MMBtu/hour. (vi) The capacity of any volatile organic liquid storage tank shall not exceed 19,812 gallons. (vii) All solvents shall be stored in closed containers. (viii) Button and lint traps shall be cleaned each working day. (ix) All washer lint traps, button traps, access doors, and other parts of the equipment where solvent may be exposed to the atmosphere shall be kept closed at all times except when required for proper operation or maintenance. PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 (x) The still residue, used filtering material, lint, used solvent and all other wastes containing solvent shall be stored in sealed containers until properly disposed. (xi) If your facility is located in a serious, severe or extreme ozone nonattainment area, then the permittee shall also comply with the additional equipment specifications and operating requirements specified in § 49.163(e). (3) Monitoring and testing requirements. Each petroleum solvent dry cleaning dryer shall be inspected every 15 calendar days for evidence of leaks and all vapor or liquid leaks shall be repaired within the subsequent 15 calendar day period. (4) Recordkeeping requirements. (i) The permittee shall maintain all records required to be kept by this permit by rule for at least 5 years from the date of origin, unless otherwise stated, either onsite or at a convenient location, such that they can be delivered to the reviewing authority within 24 hours of a request. (ii) The Notification of Coverage and all documentation supporting the notification shall be maintained by the permittee for the duration of time the affected emissions unit(s) is covered under this permit by rule. (iii) The permittee shall maintain a log of: (A) The results of the daily leak inspections, any corrective actions taken to repair leaks, and the results of any corrective actions taken; (B) Each type of petroleum solvent used at the facility; (C) The date, type, and amount of solvent (in gallons) added to the solvent tank of each dry cleaning machine; and (D) The monthly total gallons of petroleum solvent used and the resulting 12-month rolling total of solvent used. The 12-month rolling total is defined as the sum of the gallons of petroleum solvent used during the current month and the gallons of petroleum solvent used for the previous eleven (11) months. (5) Notification and reporting requirements—(i) Notification of construction or modification, and operations. The permittee shall submit a written or electronic notice to the reviewing authority within 30 days from when the permittee begins actual construction, and within 30 days from when the permittee begins initial operations or resumes operations after modification. (ii) Notification of change in ownership or operator. If the permitted source changes ownership or operator, then the new owner must submit a written or electronic notice to the E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations reviewing authority within 90 days before or after the change in ownership is effective. In the notice, the new permittee must provide the reviewing authority a written agreement containing a specific date for transfer of ownership, and an effective date on which the new owner assumes partial and/or full coverage and liability under this permit by rule. The submittal must identify the previous owner, and update the name, street address, mailing address, contact information, and any other information about the permitted source if it would change as a result of the change of ownership. The current owner shall ensure that the permitted source remains in compliance with the permit by rule until such transfer of ownership is effective. (iii) Notification of closure. The permittee must submit a report of any permanent or indefinite closure to the reviewing authority in writing within 90 days after the cessation of all operations at the permitted source. It is not necessary to submit a report of closure for regular, seasonal closures. (iv) Annual reports. The permittee shall submit an annual report on or before March 15 of each calendar year to the reviewing authority. The annual report shall cover the period from January 1 to December 31 of the previous calendar year and shall include: (A) An evaluation of the permitted source’s compliance status with the requirements in paragraph (d)(2) of this section; (B) Summaries of the required monitoring and recordkeeping in paragraphs (d)(3) and (4) of this section; and (C) Summaries of deviation reports submitted pursuant to paragraph (d)(5)(v) of this section. (v) Deviation reports. The permittee shall promptly report to the reviewing authority any deviations as defined at 40 CFR 71.6(a)(3)(iii)(C) from permit by rule requirements including deviations attributable to upset conditions. (For the purposes of this permit by rule, promptly shall be defined to mean: At the time the annual report in paragraph (d)(5)(iv) of this section is submitted.) Deviation reports shall include: (A) The identity of affected emissions unit where the deviation occurred. (B) The nature of the deviation; (C) The length of time of the deviation; (D) The probable cause of the deviation; and (E) Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 from the deviation and to prevent future deviations. (vi) Reporting and notification address. The permittee shall send all required reports to the reviewing authority at the mailing address specified in paragraph (f) of this section. (vii) Signature verifying truth, accuracy and completeness. All reports required by this permit by rule shall be signed by a responsible official as to the truth, accuracy and completeness of the information. The report must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete. If the permittee discovers that any reports or notification submitted to the reviewing authority contain false, inaccurate, or incomplete information, the permittee shall notify the reviewing authority immediately and correct or amend the report as soon as practicable. (6) Changes to this permit by rule—(i) Revising, reopening, revoking and reissuing, or terminating for cause. The permit by rule may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re-issuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit by rule condition. This provision also applies to the documents incorporated by reference. (ii) Terminating coverage under this permit by rule. The reviewing authority may terminate coverage under the permit by rule, and thereby terminate that permittee’s authorization to construct or modify, and that permitted source’s authorization to operate under this permit by rule for cause as defined in paragraph (b) of this section. The reviewing authority may provide the permittee with notice of the intent to terminate, and delay the effective date of the termination to allow the permittee to obtain a source-specific permit. (iii) Permit becomes invalid. Authority to construct and operate under this permit by rule becomes invalid if the permittee does not commence construction within 18 months after the effective date of the Request for Coverage under the permit by rule, if the permittee discontinues construction for a period of 18 months or more, or if the permittee does not complete construction within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that an extension is justified according to 40 CFR 49.156(e)(8). (e) Petroleum dry cleaning facilities in certain nonattainment areas. For PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 25101 facilities located in serious, severe, or extreme ozone nonattainment areas, the permittee shall operate and maintain the solvent dry cleaning system in accordance with the requirements specified below and in accordance with the manufacturer’s recommendations: (1) General specifications. (i) All parts of the dry cleaning system where solvent may be exposed to the atmosphere or workroom shall be kept closed at all times except when access is required for proper operation and maintenance. (ii) Wastewater evaporators shall be operated to ensure that no liquid solvent or visible emulsion is allowed to vaporize to the atmosphere. (2) Additional specification for closed-loop machines. (i) A closed-loop machine means dry cleaning equipment in which washing, extraction, and drying is performed within the same single affected emissions unit and which re-circulates and recovers the solvent-laden vapor. (ii) A closed-loop machine shall not exhaust to the atmosphere or workroom during operation except when the vacuum pump exhausts to maintain a continuous vacuum. (iii) For any closed-loop machine that is not equipped with a locking mechanism, the operator shall not open the door of a closed-loop machine prior to completion of the drying cycle. (iv) For any closed-loop machine that is equipped with a locking mechanism, the operator shall not inactivate the locking mechanism and open the door of a closed-loop machine prior to completion of the drying cycle. (3) Leak check and repair requirements. (i) No less frequently than monthly, the owner or operator shall inspect the dry cleaning system for liquid and vapor leaks, including, but not limited to, the following: (A) Hose connections, unions, couplings, valves, and flanges; (B) Machine door gasket and seating of the machine cylinder; (C) Filter head gasket and seating; (D) Pumps; (E) Base tanks and storage containers; (F) Water separators; (G) Filter sludge recovery; (H) Seals and gaskets of distillation unit(s); (I) Diverter valves; (J) Saturated lint from lint trap basket; (K) Button trap lid; (L) Cartridge or other types of filters; (M) Seals, gaskets and the diverter valve of the refrigerated condenser; (N) Exhaust stream ducts; (O) Lint trap ducts; and (P) Gaskets and ducts of the carbon adsorber. E:\FR\FM\01MYR2.SGM 01MYR2 25102 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations (ii) To inspect for a vapor leak, the operator shall use at least one of the following techniques: (A) Soap bubble technique in accordance with the procedures in EPA Method 21, section 4.3.3—Alternative Screening Procedure; (B) A non-halogenated hydrocarbon detector; (C) A portable hydrocarbon analyzer; or (D) An alternative method approved by the reviewing authority. (iii) To inspect for a liquid leak, the operator shall visually inspect the equipment for liquid leaking in a visible mist or at the rate of more than one drop every 3 minutes. (iv) Any liquid leak or vapor leak that has been detected by the operator shall be repaired within 3 working days of detection. If repair parts are not available at the facility, the parts shall be ordered within 2 working days of detecting such a leak and the operator shall provide written notification to the reviewing authority that explains the reason(s) for delaying the leak repair. Such repair parts shall be installed within 5 working days after receipt. A facility with a leak that has not been repaired by the end of the 7th working day after detection shall not operate the dry cleaning equipment, until the leak is repaired. (f) List of reviewing authorities and areas of coverage. TABLE 1—LIST OF REVIEWING AUTHORITIES AND AREAS OF COVERAGE EPA region Address for notification of coverage Address for all other notifications and reports Area covered Phone number Region I .............. EPA New England, 5 Post Office Square, Suite 100, Mail Code OEP05–2, Boston, MA 02109– 3912. Chief, Air Programs Branch, Clean Air and Sustainability Division, EPA Region 2, 290 Broadway, 25th Floor, New York, NY 10007–1866. Office of Permits and Air Toxics, 3AP10, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air Permits Section, EPA Region 4 APTMD, 61 Forsyth Street, Atlanta, GA 30303. EPA New England, 5 Post Office Square, Suite 100, Mail Code OES04–2, Boston, MA 02109– 3912. Chief, Air Compliance Branch, Division of Enforcement and Compliance Assistance, EPA Region 2, 290 Broadway, 21st Floor, New York, NY 10007–1866. Office of Air Enforcement and Compliance Assurance, 3AP20, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air & EPCRA Enforcement Branch, EPA Region 4 APTMD, 61 Forsyth Street SW., Atlanta, GA 30303. Air Enforcement and Compliance Assurance Branch (AE–17J), Air and Radiation Division, EPA Region 5, 77 West Jackson Blvd, Chicago, IL 60604. Compliance and Enforcement Correspondence:, Compliance Assurance and Enforcement Division, EPA Region 6, 1445 Ross Avenue (6EN), Dallas, TX 75202. Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. U.S. Environmental Protection Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics and Technical Enforcement Program, 8ENF–AT, 1595 Wynkoop Street, Denver, CO 80202. Enforcement Division Director, Attn: Air & TRI Section (ENF–2– 1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. Tribal Air Permits Coordinator, U.S. EPA, Region 10, AWT– 150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. New Jersey, New York, Puerto Rico, and Virgin Islands. 888–372–7341 617– 918–1111 Region II ............. Region III ............ Region IV ........... Region V ............ Air Permits Section, Air Programs Branch (AR–18J), EPA Region 5, 77 West Jackson Blvd, Chicago, IL 60604. Region VI ........... Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue (6PD–R), Dallas, TX 75202. Region VII .......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. U.S. Environmental Protection Agency, Region 8, Office of Partnerships and Regulatory Assistance, Tribal Air Permitting Program, 8P–AR, 1595 Wynkoop Street, Denver, CO 80202. Region VIII ......... Chief, Permits Office (Air-3), Air Division, EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. Region X ............ mstockstill on DSK4VPTVN1PROD with RULES2 Region IX ........... Tribal U.S. 150, 900, Air Permits Coordinator, EPA, Region 10, AWT– 1200 Sixth Avenue, Suite Seattle, WA 98101. 6. Section 49.164 is added to read as follows: ■ Delaware, District of Co800–438–2474 215– lumbia, Maryland, Penn814–5000 sylvania, Virginia, and West Virginia. Alabama, Florida, Georgia, 800–241–1754 404– Kentucky, Mississippi, 562–9000 North Carolina, South Carolina, and Tennessee. Illinois, Indiana, Michigan, 800–621–8431 312– Minnesota, Ohio, and 353–2000 Wisconsin. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 800–887–6063 214– 665–2760 Iowa, Kansas, Missouri, and Nebraska. 800–223–0425 913– 551–7003 Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 800–227–8917 303– 312–6312 American Samoa, Arizona, California, Guam, Hawaii, Navajo Nation Nevada, and Northern Mariana Islands. Alaska, Idaho, Oregon, and Washington. 866–EPA–9378 415–947–8000 § 49.164 Air quality permit by rule for new or modified true minor source gasoline dispensing facilities in Indian country. 19:17 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 800–424–4372 206– 553–1200 AST Aboveground Storage Tank CAA or the Act Federal Clean Air Act CFR Code of Federal Regulations (a) Abbreviations and acronyms: VerDate Sep<11>2014 877–251–4575 E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 EPA United States Environmental Protection Agency GDF Gasoline Dispensing Facility NAAQS National Ambient Air Quality Standards NSR New Source Review ppm parts per million PSD Prevention of Significant Deterioration PV Pressure/Vacuum VOC Volatile Organic Compounds (b) Definitions for the purposes of this permit by rule. (1) Cause means with respect to the reviewing authority’s ability to terminate a permitted source’s coverage under a permit that: (i) The permittee is not in compliance with the provisions of this permit by rule; (ii) The reviewing authority determines that the emissions resulting from the construction or modification of the permitted source significantly contribute to NAAQS violations, which are not adequately addressed by the requirements in this permit by rule; (iii) The reviewing authority has reasonable cause to believe that the permittee obtained coverage under the permit by rule by fraud or misrepresentation; or (iv) The permittee failed to disclose a material fact required by the Notification of Coverage or the requirements applicable to the permitted source of which the applicant had or should have had knowledge at the time the permittee submitted the Notification of Coverage. (2) Construction means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an affected emissions unit that would result in a change of emissions. (3) Dual-point vapor balance system means a type of vapor balance system in which the storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection. (4) Emergency engine means any stationary reciprocating internal combustion engine that meets all of the criteria in paragraphs (b)(4)(i) through (iii) of this section. All emergency engines must comply with the requirements specified in 40 CFR 63.6640(f) in order to be considered emergency engines. If the engine does not comply with the requirements specified, then it is not considered to be an emergency engine. (i) The engine is operated to provide electrical power or mechanical work during an emergency situation. Examples include engines used to produce power for critical networks or equipment (including power supplied to VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or an engine used to pump water in the case of fire or flood, etc. (ii) The engine is operated under limited circumstances for situations not included in paragraph (b)(4)(i) of this section, as specified in 40 CFR 63.6640(f). (iii) The engine operates as part of a financial arrangement with another entity in situations not included in paragraph (b)(4)(i) of this definition only as allowed in 40 CFR 63.6640(f). (5) Notification of Coverage means the permit notification that contains all the information required in the standard notification form for this permit by rule. (6) Permittee means the owner or operator of a permitted source. (7) Permitted source means each gasoline dispensing facility for which a permitted source submits a complete Notification of Coverage. (8) Responsible official means one of the following: (i) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is directly responsible for the overall operation of the permitted source; (ii) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; or (iii) For a public agency: Either a principal executive officer or ranking elected official, such as a chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency. (9) Submerged filling means the filling of a gasoline storage tank through a submerged fill pipe whose discharge is no more than 6 inches from the bottom of the tank. Bottom filling of gasoline storage tanks is covered under this submerged filling definition. (10) Ullage means the volume of a container not occupied by liquid. For example, the ullage of a tank designed primarily for containing liquid is the volume of the tank minus the volume of the liquid it contains. (11) Vapor balance system means a combination of pipes and hoses that create a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded. PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 25103 (12) Vapor tight means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the lower explosive limit when measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch from the potential leak source. (c) Information about this permit by rule—(1) Applicability. Pursuant to the provisions of the CAA, subchapter I, part D and 40 CFR part 49, subpart C, this permit authorizes the construction or modification and the operation of each stationary gasoline dispensing facility (GDF) for which a reviewing authority receives a completed Notification of Coverage (permitted source). (2) Eligibility. To be eligible for coverage under this permit by rule, the permitted source must qualify as a true minor source as defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR 49.156(f)(6)(iii). In addition, coverage under this Permit by Rule is not available in areas located within the geographic boundaries of California. (3) Notification of Coverage. Requirements for submitting a Notification of Coverage are contained in paragraph (d)(1) of this permit by rule. The information contained in each permitted source’s Notification of Coverage is hereby enforceable under this permit by rule. (4) Termination. Paragraph (d)(6) of this permit by rule addresses a reviewing authority’s ability to revise, revoke and reissue, or terminate coverage under this permit by rule. It also addresses the reviewing authority’s ability to terminate an individual permitted source’s coverage under this permit by rule. (5) Definitions. The terms used herein shall have the meaning as defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of this permit by rule. If a term is not defined, it shall be interpreted in accordance with normal business use. (d) Permit by rule terms and conditions. The following applies to each permittee and permitted source with respect to only the affected emissions units and any associated air pollution control technologies in that permitted source’s Notification of Coverage. (1) General provisions—(i) Obtaining coverage under this permit by rule. To obtain coverage under this permit by rule, an applicant must submit a completed Notification of Coverage to E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25104 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations the appropriate reviewing authority for the area in which the permitted source is or will be located (the Notification of Coverage Form can be found at: https:// www.epa.gov/air/tribal/tribalnsr.html). Table 1 of paragraph (f) contains a list of reviewing authorities and their area of coverage. You must also submit a copy of the Notification of Coverage to the Indian governing body for any area in which the permitted source will operate. Coverage under this permit by rule is not available in areas within the geographical boundaries of California. (ii) Construction and operation. The permittee shall construct or modify and shall operate the affected emissions units and any associated air pollution control technologies in compliance with this permit by rule and all other applicable federal air quality regulations; and in a manner consistent with representations made by the permittee in the Notification of Coverage. (iii) Locations. This permit by rule only authorizes the permittee to construct or modify and to operate the permitted source in the location(s) listed in the Notification of Coverage for that permitted source. (iv) Liability. This permit by rule does not release the permittee from any liability for compliance with other applicable federal and tribal environmental laws and regulations, including the CAA. (v) Severability. The provisions of this permit by rule are severable. If any portion of this permit by rule is held invalid, the remaining terms and conditions of this permit by rule shall remain valid and in force. (vi) Compliance. The permittee must comply with all provisions of this permit by rule, including emission limitations that apply to the affected emissions units at the permitted source. Noncompliance with any permit provision is a violation of this permit by rule and may constitute a violation of CAA; is grounds for an enforcement action; and is grounds for the reviewing authority to revoke and terminate the permitted source’s coverage under this permit by rule. (vii) National Ambient Air Quality Standards (NAAQS)/Prevention of Significant Deterioration (PSD) Protection. The permitted source must not cause or contribute to a NAAQS violation or, in an attainment area, must not cause or contribute to a PSD increment violation. (viii) Unavailable defense. It is not a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 compliance with the provisions of this permit by rule. (ix) Property rights. This permit by rule does not convey any property rights of any sort or any exclusive privilege. (x) Information requests. You, as the permittee, shall furnish to the reviewing authority, within 30 days unless another timeframe is specified by the EPA, any information that the reviewing authority may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating coverage under the permit by rule or to determine compliance with the permit by rule. For any such information claimed to be confidential, the permittee must submit a claim of confidentiality in accordance with 40 CFR part 2 subpart B. (xi) Inspection and entry. Upon presentation of proper credentials, the permittee must allow a representative of the reviewing authority to: (A) Enter upon the premises where a permitted source is located or emissions-related activity is conducted or where records are required to be kept under the conditions of the permit by rule; (B) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit by rule; (C) Inspect, during normal business hours or while the permitted source is in operation, any facilities, equipment (including monitoring and air pollution control equipment), practices or operations regulated or required under the permit by rule; (D) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit by rule or other applicable requirements; and (E) Record any inspection by use of written, electronic, magnetic and photographic media. (xii) Posting of coverage. The most current Notification of Coverage for the permitted source, must be posted prominently at the facility, and each affected emissions unit and any associated air pollution control technology must be labeled with the identification number listed in the Notification of Coverage for that permitted source. (xiii) Duty to obtain source-specific permit. If the reviewing authority intends to terminate a permitted source’s coverage under this permit by rule for cause as provided in § 49.164(d)(6), then the permittee shall apply for and obtain a source-specific as required by the reviewing authority. (xiv) Credible evidence. For the purpose of establishing whether the PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 permittee violated or is in violation of any requirement of this permit by rule, nothing shall preclude the use, including the exclusive use, of any credible evidence or information relevant to whether a permitted source would have been in compliance with applicable requirements if the permittee had performed the appropriate performance or compliance test or procedure. (2) Emission limitations and standards. (i) The permittee shall install, maintain, and operate each affected emissions unit, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions of NSR regulated pollutants and considering the manufacturer’s recommended operating procedures at all times, including periods of startup, shutdown, maintenance and malfunction. The reviewing authority will determine whether the permittee is using acceptable operating and maintenance procedures based on information available to the reviewing authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the permitted source. (ii) GDFs located in an ozone attainment, unclassifiable or attainment/ unclassifiable area or a marginal or moderate ozone nonattainment area shall limit throughput of gasoline to less than 25,000,000 gallons per year based on a 12-month rolling total. (iii) GDFs located in a serious, severe or extreme ozone nonattainment area shall limit throughput of gasoline to less than 8,000,000 gallons per year based on a 12-month rolling total. (iv) You must ensure gasoline is handled in a manner that will minimize vapor releases to the atmosphere. The measures to be taken include: (A) Minimizing gasoline spills; (B) Cleaning up spills as expeditiously as practicable. The spill bucket shall be free from standing liquid and debris; (C) Covering all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use (all portable gasoline containers that meet the requirements of 40 CFR part 59, subpart F meet this requirement); (D) Minimizing gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators; and E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations (E) To the extent practicable, any other actions necessary to minimize vapor releases to the atmosphere. (v) Except as specified in paragraph (d)(2)(v)(B) of this section, you must only load gasoline into storage tanks at your facility by utilizing submerged filling, and as specified in this condition. The applicable distances shall be measured from the point in the opening of the submerged fill pipe that is the greatest distance from the bottom of the storage tank. (A) Submerged fill pipes must be no more than 6 inches from the bottom of the tank. (B) Submerged fill pipes not meeting the specifications paragraph (d)(2)(v)(A) of this section are allowed if the owner or operator can demonstrate that the liquid level in the tank is always above the entire opening of the fill pipe. Documentation providing such demonstration must be made available onsite for inspection by the reviewing authority. (vi) Except as provided in paragraph (d)(2)(viii) of this section, each new or modified gasoline storage tank constructed must be equipped with a Stage I dual-point vapor balance system. (vii) Except as provided in paragraph (d)(2)(viii) of this section, each Stage I dual-point vapor balance system on your gasoline storage tank must meet the design criteria and management practices in paragraph (e) of this section, as applicable. (viii) The affected emissions units listed below are not required to comply with the control requirements in paragraphs (d)(2)(vi) and (vii) of this section, but must comply with the requirements in paragraph (d)(2)(v) of this section. (A) Gasoline storage tanks with a capacity of less than 250 gallons. (B) Gasoline storage tanks with a capacity of less than 2,000 gallons. (C) Gasoline storage tanks equipped with floating roofs, or the equivalent. (ix) Cargo tanks unloading at GDFs must not unload gasoline into a storage tank at a GDF unless the following management practices are met: (A) All hoses in the vapor balance system are properly connected; (B) The adapters or couplers that attach to the vapor line on the storage tank have closures that seal upon disconnect; (C) All vapor return hoses, couplers, and adapters used in gasoline delivery are vapor-tight; (D) All tank truck vapor return equipment is compatible in size and forms a vapor-tight connection with the vapor balance equipment on the GDF storage tank; VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 (E) All hatches on the tank truck are closed and securely fastened; and (F) The filling of storage tanks at GDF shall be limited to unloading from vapor-tight gasoline cargo tanks. (x) Each emergency engine shall: (A) Be equipped with a non-resettable hour meter; (B) If using fuel oil, use diesel or biodiesel containing no more than 15 ppm (0.0015 percent) sulfur; (C) Meet the following certification requirement for compression ignition emergency engines: for model year 2006 and later engines, the engine shall be certified to the standards in 40 CFR part 89. (D) Meet the following certification requirements for spark ignition emergency engines manufactured on or after January 1, 2009: (1) Engines greater than 50 hp and less than 130 hp shall be certified to the Phase I standards in 40 CFR 90.103; and (2) Engines greater than or equal to 130 hp shall be certified to the standards in 40 CFR 1048. (E) If not required to be certified to the standards in paragraph (d)(2)(x)(C) or (D) of this section: (1) Follow the manufacturer’s emission-related operation and maintenance instructions or develop your own maintenance plan which must provide to the extent practicable for the maintenance and operation of the engine in a manner consistent with good air pollution control practice for minimizing emissions; (2) Change oil and filter and inspect every hose and belt every 500 hours of operation or annually, whichever comes first; and (3) Inspect air cleaner or spark plugs, as applicable, every 1,000 hours of operation, or annually, whichever comes first. (3) Monitoring and testing requirements. (i) For each vapor balance system, the permittee shall perform an initial performance test as prescribed in paragraph (e) of this section and every 3 years thereafter. The performance test shall be conducted within 60 days after achieving the maximum production rate at which the permitted source will operate the affected vapor balance system, but not later than 180 days after the first day of operation after the reviewing authority receives the completed Notification of Coverage. (ii) The permittee shall monitor monthly gasoline throughput in gallons. (iii) The permittee shall perform weekly inspections of the vapor control recovery system(s), all pumps, compressors, pipes, hoses, mechanical seals, or other equipment storing, handling, conveying, or controlling PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 25105 VOCs. For sources located in extreme ozone nonattainment areas, these equipment inspections shall be performed daily. The inspections shall be used to determine whether all equipment is in good working order according to any available manufacturer’s recommendations and good engineering practices. (4) Recordkeeping requirements. (i) The permittee shall maintain all records required to be kept onsite by this permit by rule for at least 5 years from the date of origin, unless otherwise stated. (ii) The Notification of Coverage and all documentation supporting that application shall be maintained by the permittee for the duration of time the affected emissions unit(s) is covered under this permit by rule. (iii) The permittee shall maintain records of each inspection required by paragraph (d)(3)(iii) of this section. The records shall include a log of: (A) Identification of the devices inspected; (B) The date of the inspection; (C) The results of each inspection; (D) Any corrective actions taken as a result of the inspection; and (E) The results of any corrective actions taken. (iv) For each emergency engine, the permittee shall maintain a log of all maintenance activities conducted and a log of the hours of operation including the date, time, duration, and reason for use. (v) The permittee shall maintain records on a monthly basis of the fuel throughput and the 12-month rolling total. The 12-month rolling total is defined as the sum of the fuel throughput during the current month and the fuel throughput for the previous 11 months. (vi) The results of each performance test conducted pursuant to § 49.164(d)(3)(i) shall be recorded. At a minimum, the permittee shall maintain records of: (A) The date of each test; (B) Each test plan; (C) Any documentation required to approve an alternate test method; (D) Test conditions; (E) The results of each test; and (F) The name of the company or entity conducting the analysis. (5) Notification and reporting requirements—(i) Notification of construction or modification, and operations. The permittee shall submit a written or electronic notice to the reviewing authority within 30 days from when the permittee begins actual construction, and within 30 days from when the permittee begins initial operations or resumes operation after a modification. E:\FR\FM\01MYR2.SGM 01MYR2 mstockstill on DSK4VPTVN1PROD with RULES2 25106 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations (ii) Notification of change in ownership or operator. If the permitted source changes ownership or operator, then the new owner must submit a written or electronic notice to the reviewing authority within 90 days before or after the change in ownership is effective. In the notice, the new permittee must provide the reviewing authority a written agreement containing a specific date for transfer of ownership, and an effective date on which the new owner assumes partial and/or full coverage and liability under this permit by rule. The submittal must identify the previous owner, and update the name, street address, mailing address, contact information, and any other information about the permitted source if it would change as a result of the change of ownership. The current owner shall ensure that the permitted source remains in compliance with the permit by rule until any such transfer of ownership is effective. (iii) Notification of closure. The permittee must submit a report of any permanent or indefinite closure to the reviewing authority in writing within 90 days after the cessation of all operations at the permitted source. The notification must identify the owner, the current location, and the last operating location of the permitted source. It is not necessary to submit a report of closure for regular, seasonal closures. (iv) Annual reports. The permittee shall submit an annual report on or before March 15 of each calendar year to the reviewing authority. The annual report shall cover the period from January 1 to December 31 of the previous calendar year and shall include: (A) An evaluation of the permitted source’s compliance status with the emission limitations and standards in paragraph (d)(2) of this section; (B) Summaries of the required monitoring and recordkeeping in paragraphs (d)(3) and (4) of this section; and (C) Summaries of deviation reports submitted pursuant to paragraph (d)(5)(v) of this section. (v) Deviation reports. The permittee shall promptly report to the reviewing authority any deviations as defined at 40 CFR 71.6(a)(3)(iii)(C) from the permit by rule requirements including deviations attributable to upset conditions. (For the purposes of this permit by rule, promptly shall be defined to mean: at the time the annual report in paragraph (d)(5)(iv) of this section is submitted.) Deviation reports shall include: (A) The identity of affected emissions unit where the deviation occurred; VerDate Sep<11>2014 19:17 Apr 30, 2015 Jkt 235001 (B) The nature of the deviation; (C) The length of time of the deviation; (D) The probable cause of the deviation; and (E) Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions from the deviation and to prevent future deviations. (vi) Performance test reports. The permittee shall submit a test report to the reviewing authority within 45 days after the completion of any required performance test. At a minimum, the test report shall include: (A) A description of the affected emissions unit and sampling location(s); (B) The time and date of each test; (C) A summary of test results, reported in units consistent with the applicable standard; (D) A description of the test methods and quality assurance procedures used; (E) A summary of any deviations from the proposed test plan and justification for why the deviation(s) was necessary; (F) Operating parameters of the affected emissions unit and control equipment during each test run; (G) Sample calculations of equations used to determine test results in the appropriate units; and (H) The name of the company or entity performing the analysis. (vii) Reporting and notification address.The permittee shall send all required reports to the reviewing authority at the mailing address specified in paragraph (f) of this section. (viii) Signature verifying truth, accuracy and completeness. All reports required by this permit by rule shall be signed by a responsible official as to the truth, accuracy and completeness of the information. The report must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete. If the permittee discovers that any reports or notification submitted to the reviewing authority contain false, inaccurate, or incomplete information, the permittee shall notify the reviewing authority immediately and correct or amend the report as soon as practicable. (6) Changes to this permit by rule— (i) Revising, reopening, revoking and reissuing, or terminating for cause. The permit by rule may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re-issuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit by rule condition. This provision also PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 applies to the documents incorporated by reference. (ii) Terminating coverage under this permit by rule. The reviewing authority may terminate coverage under this permit by rule, and thereby terminate that permittee’s authorization to construct or modify, and that permitted source’s authorization to operate under this permit by rule for cause as defined in paragraph (b) of this section. The reviewing authority may provide the permittee with notice of the intent to terminate, and delay the effective date of the termination to allow the permittee to obtain a source specific permit as required by the reviewing authority. (iii) Permit becomes invalid. Authority to construct and operate under this permit by rule becomes invalid if the permittee does not commence construction within 18 months after the Notification of Coverage is received by the reviewing authority, if the permittee discontinues construction for a period of 18 months or more, or if the permittee does not complete construction within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that an extension is justified according to 40 CFR 49.156(e)(8). (e) Vapor balance system design criteria, management practices, and performance testing. (1) Design criteria and management practices for each vapor balance system: (i) All vapor connections and lines on the storage tank(s) shall be equipped with closures that seal upon disconnect. (ii) The vapor line from the gasoline storage tank to the gasoline cargo tank shall be vapor-tight. (iii) The vapor balance system shall be designed such that the pressure in the tank truck does not exceed 18 inches water pressure or 5.9 inches water vacuum during product transfer. (iv) The vapor recovery and product adaptors, and the method of connection with the delivery elbow, shall be designed so as to prevent the overtightening or loosening of fittings during normal delivery operations. (v) If a gauge well separate from the fill tube is used, it shall be provided with a submerged drop tube that extends no more than 6 inches from the bottom of the storage tank. (vi) Liquid fill connections for all systems shall be equipped with vaportight caps. (vii) Pressure/vacuum (PV) vent valves shall be installed on the storage tank vent pipes. The pressure specifications for PV vent valves shall be: a positive pressure setting of 2.5 to 6.0 inches of water and a negative E:\FR\FM\01MYR2.SGM 01MYR2 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations pressure setting of 6.0 to 10.0 inches of water. The total leak rate of all PV vent valves at an affected facility, including connections, shall not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of 4 inches of water. (viii) The vapor balance system shall be capable of meeting the static pressure performance requirement of the following equation: Pf = 2e¥500.887/v, where: Pf = minimum allowable final pressure, inches of water, v = total ullage affected by the test, gallons, e = dimensionless constant equal to approximately 2.718, 2 = the initial pressure, inches water. (ix) For aboveground storage tanks (ASTs) with a capacity greater than 250 gallons and located at a GDF in a serious, severe, or extreme ozone nonattainment area the permittee shall also: (A) Limit standing loss emissions to less than or equal to 0.57 lbs VOC per 1,000 gallons ullage per day (lbs/1,000 gallons/day), for newly installed tanks. (B) Limit standing loss emissions to less than or equal to 2.26 lbs VOC per 1,000 gallons ullage per day (lbs/1,000 gallons/day), for modified or reconstructed tanks. (2) Vapor balance system performance testing: (i) The permittee shall conduct performance testing to demonstrate compliance with the leak rate and cracking pressure requirements, specified in paragraph (e)(1)(vii) of this section, for pressure-vacuum vent valves installed on your gasoline storage tanks as follows: (A) According to a test plan submitted at least 30 days in advance of the test date to the reviewing authority; and (B) Using California Air Resources Board Vapor Recovery Test Procedure TP–201.1E,—Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (see 40 CFR 63.14). (ii) The permittee shall conduct performance testing to demonstrate compliance with the static pressure performance requirement, specified in paragraph (e)(1)(viii) of this section, for 25107 each vapor balance system by conducting a static pressure test on each gasoline storage tank as follows: (A) According to a test plan submitted at least 30 days in advance of the test date to the reviewing authority; (B) Using California Air Resources Board Vapor Recovery Test Procedure TP–201.3,—Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999 (see 40 CFR 63.14) or Bay Area Air Quality Management District Source Test Procedure ST–30—Static Pressure Integrity Test—Underground Storage Tanks, adopted November 30, 1983, and amended December 21, 1994 (see 40 CFR 63.14); and (iii) For ASTs subject to § 49.164(e)(1)(ix), the ASTs shall be California Air Resources Board certified AST for Standing Loss Control per Vapor Recovery Test Procedures TP– 206.1 or TP–206.2. (f) List of reviewing authorities, and areas of coverage. TABLE 1—LIST OF REVIEWING AUTHORITIES, AND AREAS OF COVERAGE EPA region Address for notification of coverage Address for all other notification and reports Area covered Region I ............ EPA New England, 5 Post Office Square, Suite 100, Mail Code OEP05–2, Boston, MA 02109– 3912. Chief, Air Programs Branch, Clean Air and Sustainability Division, EPA Region 2, 290 Broadway, 25th Floor, New York, NY 10007–1866. EPA New England, 5 Post Office Square, Suite 100, Mail Code OES04–2, Boston, MA 02109– 3912. Chief, Air Compliance Branch, Division of Enforcement and Compliance Assistance, EPA Region 2, 290 Broadway, 21st Floor, New York, NY 10007– 1866. Office of Air Enforcement and Compliance Assurance, 3AP20, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air & EPCRA Enforcement Branch, EPA Region 4 APTMD, 61 Forsyth Street, SW, Atlanta, GA 30303. Air Enforcement and Compliance Assurance Branch (AE–17J), Air and Radiation Division, EPA Region 5, 77 West Jackson Blvd, Chicago, IL 60604. Compliance and Enforcement Correspondence: Compliance Assurance and Enforcement Division, EPA Region 6, 1445 Ross Avenue (6EN), Dallas, TX 75202. Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. 888–372–7341 617–918–1111 New Jersey, New York, Puerto Rico, and Virgin Islands. 877–251–4575 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia. 800–438–2474 215–814–5000 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 800–241–1754 404–562–9000 Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 800–887–6063 214–665–2760 Iowa, Kansas, Missouri, and Nebraska. 800–223–0425 913–551–7003 Region II ........... Region III .......... Region IV .......... Office of Permits and Air Toxics, 3AP10, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. Chief, Air Permits Section, EPA Region 4 APTMD, 61 Forsyth Street, Atlanta, GA 30303. Air Permits Section, Air Programs Branch (AR–18J), EPA Region 5, 77 West Jackson Blvd, Chicago, IL 60604. Region VI .......... mstockstill on DSK4VPTVN1PROD with RULES2 Region V ........... Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue (6PD–R), Dallas, TX 75202. Region VII ......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 11201 Renner Blvd, Lenexa, KS 66219. VerDate Sep<11>2014 20:02 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\01MYR2.SGM 01MYR2 Phone number 800–621–8431 312–353–2000 25108 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations TABLE 1—LIST OF REVIEWING AUTHORITIES, AND AREAS OF COVERAGE—Continued EPA region Address for notification of coverage Address for all other notification and reports Area covered Region VIII ........ U.S. Environmental Protection Agency, Region 8, Office of Partnerships and Regulatory Assistance, Tribal Air Permitting Program, 8P–AR, 1595 Wynkoop Street, Denver, CO 80202. Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 800–227–8917 303–312–6312 Region IX .......... Chief, Permits Office (Air-3), Air Division, EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. American Samoa, Arizona, California, Guam, Hawaii, Navajo Nation Nevada, and Northern Mariana Islands. 866–EPA–9378 415–947–8000 Region X ........... Tribal U.S. 150, 900, U.S. Environmental Protection Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics and Technical Enforcement Program, 8ENF–AT, 1595 Wynkoop Street, Denver, CO 80202. Enforcement Division Director, Attn: Air & TRI Section (ENF– 2–1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 94105. Tribal Air Permits Coordinator, U.S. EPA, Region 10, AWT– 150, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Alaska, Idaho, Washington. 800–424–4372 206–553–1200 Air Permits Coordinator, EPA, Region 10, AWT– 1200 Sixth Avenue, Suite Seattle, WA 98101. Oregon, [FR Doc. 2015–09739 Filed 4–30–15; 8:45 am] mstockstill on DSK4VPTVN1PROD with RULES2 BILLING CODE 6560–50–P VerDate Sep<11>2014 20:02 Apr 30, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4701 Sfmt 9990 E:\FR\FM\01MYR2.SGM 01MYR2 Phone number and

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 25067-25108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09739]

[[Page 25067]]

Vol. 80

Friday,

No. 84

May 1, 2015

Part III

Environmental Protection Agency

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40 CFR Part 49

General Permits and Permits by Rule for the Federal Minor New Source
Review Program in Indian Country for Five Source Categories; Final Rule

Federal Register / Vol. 80 , No. 84 / Friday, May 1, 2015 / Rules and
Regulations

[[Page 25068]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2011-0151; FRL-9919-85-OAR]
RIN 2060-AQ95

General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country for Five Source Categories

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is finalizing
general permits for use in Indian country pursuant to the Federal Minor
New Source Review (NSR) Program in Indian Country for new or modified
minor sources in the following two source categories: Hot mix asphalt
(HMA) plants; and stone quarrying, crushing, and screening (SQCS)
facilities. The EPA is also finalizing permits by rule for use in
Indian country for new or modified minor sources in three source
categories: Auto body repair and miscellaneous surface coating
operations; gasoline dispensing facilities (GDFs), except in
California; and petroleum dry cleaning facilities. The EPA is also
taking final action authorizing the use of general permits established
under the program to create synthetic minor sources for the HMA and
SQCS source categories.

DATES: The final rule is effective on June 1, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0151. All documents in the docket are
listed in the https://www.regulations.gov index. Although listed in the
index, some information is not publicly available e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the EPA
Docket Center, the EPA/DC, William Jefferson Clinton West Building,
Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Christopher Stoneman, Outreach and
Information Division, Office of Air Quality Planning and Standards, (C-
304-03), Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, telephone number (919) 541-0823, facsimile number
(919) 541-0072, email address: stoneman.chris@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing
authority,'' ``we,'' ``us'' and ``our'' refer to the EPA. The
information in this preamble is organized as follows:

Table of Contents

I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
II. Overview of the Final Rule
III. Background
A. Federal Indian Country Minor NSR Rule
B. General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country--Proposed Rule
IV. Final Rulemaking Action
A. Permit Documents and Implementation Tools
B. Requirements of the Endangered Species Act (ESA) and the
National Historic Preservation Act (NHPA)
C. Use of Streamlined General Permit Applications
D. Administrative Aspects of General Permits
E. Control Technology Review
F. Use of Throughput Limits
G. Setback Requirements
H. Permit by Rule Regulatory Framework
I. Use of General Permits and Permits by Rule To Create
Synthetic Minor Sources
J. Use of Both Permitting Mechanisms for Certain Source
Categories
K. Use of More Than One General Permit and/or Permit by Rule for
a Source at a Single Location
L. Additional Source Categories for General Permits and/or
Permits by Rule
M. Final Rule Changes to the Federal Indian Country Minor NSR
Rule
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act

I. General Information

A. Does this action apply to me?

Entities potentially affected by this final action consist of
owners and operators of facilities included in the following source
categories that are located, or planning to locate, in Indian country
as defined in 18 U.S.C. 1151 where there is no EPA-approved program in
place and that are subject to the requirements of the program:

Table 1--Source Categories
------------------------------------------------------------------------
North American
Industry Examples of regulated
Industry category Classification entities
System
------------------------------------------------------------------------
HMA Facilities................ 324122 Asphalt Shingles and
Coating Materials
Manufacturing.
324121 Asphalt Paving Mixture
and Block
Manufacturing.
SQCS Facilities............... 212311 Dimension Stone Mining
and Quarrying.
212312 Crushed and Broken
Limestone Mining and
Quarrying.
212313 Crushed and Broken
Granite Mining and
Quarrying.
212319 Other Crushed and
Broken Stone Mining
and Quarrying.
212321 Construction Sand and
Gravel Mining.
Auto Body Repair and 811121 Automotive Body,
Miscellaneous Surface Coating Paint, and Interior
Operations. Repair and
Maintenance.
332812 Metal Coating,
Engraving (Except
Jewelry and
Silverware), and
Allied Services to
Manufacturers.

[[Page 25069]]

GDFs.......................... 4471 Gasoline Stations.
44711 Gasoline Stations
without Convenience
Stores.
447110 Gasoline Stations with
Convenience Stores.
44719 Other Gasoline
Stations.
447190 Other Gasoline
Stations.
Petroleum Dry Cleaning 812320 Dry Cleaning and
Facilities. Laundry Services
(Except Coin-
Operated).
812310 Coin-Operated
Laundries and Dry
Cleaners.
------------------------------------------------------------------------

This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be potentially affected
by this action. To determine whether your facility could be affected by
this action, you should examine the applicability criteria in the final
federal minor NSR program for Indian country, 40 CFR 49.153. If you
have any questions regarding the applicability of this action to a
particular entity, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

B. Where can I get a copy of this document and other related
information?

In addition to being available in the docket, an electronic copy of
this final rule is posted in the regulations and standards section of
our NSR home page located at https://www.epa.gov/nsr and on the tribal
NSR page at https://www.epa.gov/air/tribal/tribalnsr.html.

II. Overview of the Final Rule

In July 2011, the EPA issued the Federal Minor New Source Review
Program in Indian Country rule \1\ (the Federal Indian Country Minor
NSR rule or Rule) that established, among other things, the
requirements and process for the preconstruction permitting of minor
sources in Indian country. Under the Rule, existing true minor sources
were required to register with the EPA by March 1, 2013. True minor
sources that commence construction after the Rule's effective date must
also register within certain timeframes spelled out in the Rule (40 CFR
49.160). In addition, beginning September 2, 2014, an owner or operator
must obtain a preconstruction permit from the reviewing authority \2\
if the owner/operator will construct a new true minor source,\3\ will
modify an existing true minor source in Indian country, or will modify
an existing major source in Indian country. In addition, existing
synthetic minor sources \4\ beginning construction of minor
modifications were required to obtain preconstruction permits under the
rule beginning August 30, 2011. The rule also specified the process and
requirements for using general permits as a streamlined permitting
approach to authorize construction and modifications at true minor
sources. General permits streamline the preconstruction permitting of
new or modified true minor sources because they involve the issuance of
one permit that can apply to multiple stationary sources that have
similar emissions units.
---------------------------------------------------------------------------

\1\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
\2\ In this document, reviewing authority refers to an EPA
Regional Office. However, tribes can become reviewing authorities if
they decide to assist the EPA with implementation of the minor NSR
program in their area, and the EPA delegates the authority to assist
the EPA to the tribe.
\3\ At 40 CFR 49.152(d), true minor source is defined as a
source, not including the exempt emissions units and activities
listed in Sec. 49.153(c), that emits or has the potential to emit
regulated NSR pollutants in amounts that are less than the major
source thresholds in Sec. 49.167 (Major NSR program for
Nonattainment Areas) or Sec. 52.21 (Prevention of Significant
Deterioration program), as applicable, but equal to or greater than
the minor NSR thresholds in Sec. 49.153, without the need to take
an enforceable restriction to reduce its potential to emit to such
levels. The PTE includes fugitive emissions, to the extent that they
are quantifiable, only if the source belongs to one of the 28 source
categories listed in part 51, Appendix S, paragraph II.A.4(iii) or
Sec. 52.21(b)(1)(iii) of 40 CFR, as applicable.
\4\ At 40 CFR 49.152(d), synthetic minor source means a source
that otherwise has the potential to emit regulated NSR pollutants in
amounts that are at or above those for major sources in Sec.
49.167, Sec. 52.21 or Sec. 71.2, as applicable, but that has taken
a restriction so that its potential to emit is less than such
amounts for major sources. Such restrictions must be enforceable as
a practical matter.
---------------------------------------------------------------------------

In today's action, the EPA is finalizing the use of two types of
minor NSR preconstruction permits to help streamline the EPA's
permitting of true minor sources--and synthetic minor sources in select
source categories--that construct or modify in Indian country and
belong to one of five different source categories. The first type of
permit is a general permit. The second type is a permit by rule, which
is another mechanism for streamlining the issuance of preconstruction
permits. Permits by rule use a regulatory-type structure (i.e., the
permit requirements are codified in the Code of Federal Regulations) to
permit sources by pre-authorizing construction and modification
activities carried out in accordance with the codified requirements. To
become covered by a permit by rule, as we are finalizing today, a
source must notify the EPA that it meets the terms of coverage and is
complying with the permit's terms and conditions but does not need
approval of a Request for Coverage. The source must also submit its
Notification of Coverage Form in fulfillment of the minor source
registration requirement in the Federal Indian Country Minor NSR rule
(40 CFR 49.160(c)(1)(iii)). Once it has done so and the reviewing
authority has posted the Notification of Coverage Form online, the
source may commence construction of a new source or modification of an
existing source.
In this final action, we are finalizing general permits for HMA
plants and SQCS facilities. We are finalizing permits by rule for GDFs
(except for California), auto body repair and miscellaneous surface
coating operations, and petroleum dry cleaning facilities.\5\ For
permits by rule, we are finalizing the regulatory framework via
rulemaking that: (a) Defines a permit by rule; (b) explains how we will
issue them; (c) describes the process for granting coverage; and (d)
provides the general and specific permit terms and conditions. For all
of the permits we are finalizing today, we are providing the following
implementation documents and tools: Questionnaires; Instructions;
Potential to Emit (PTE) Calculators; and Background Documents. For the
general permits we are finalizing today, we are

[[Page 25070]]

providing Request for Coverage Forms (applications). For the permits by
rule we are finalizing today, we are providing Notification of Coverage
Forms.\6\
---------------------------------------------------------------------------

\5\ The general permits are available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at Docket ID No. EPA-HQ-
OAR-2011-0151.
\6\ All of the implementation documents and tools are available
online at: https://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

In this action, the EPA is also finalizing the use of general
permits to create synthetic minor sources for the HMA and SQCS source
categories. We have decided to issue final general permits for these
two categories (and not the three others) that involve more complex
operations and multiple pollutants because the general permit approval
process provides an opportunity for case-specific reviewing authority
review. Because permits by rule do not provide for the same level of
review, the EPA is not finalizing the use of permits by rule to create
synthetic minor sources. Finally, in this action we are promulgating
three minor amendments to the Federal Indian Country Minor NSR rule.
One amendment will allow sources to use a general permit immediately
upon the permit becoming final.\7\ The second and third amendments
ensure that it is clear the permit by rule is an option available to
true minor sources that are required to obtain a minor NSR permit.
---------------------------------------------------------------------------

\7\ Under the current Rule, a general permit becomes final
either when the time for challenging the permit has expired or the
review process for challenging a permit has been completed and the
permit has been upheld. See 40 CFR 49.159.
---------------------------------------------------------------------------

III. Background

A. Federal Indian Country Minor NSR Rule

1. What is the Federal Indian Country Minor NSR rule?
On August 21, 2006, the EPA proposed the regulation: ``Review of
New Sources and Modifications in Indian Country'' (commonly referred to
as the Federal Indian Country NSR rule).\8\ Within this proposed
regulation, the EPA proposed to protect air quality in Indian country,
as defined in 18 U.S.C. 1151, by establishing a federal implementation
plan (FIP) program to regulate, among other matters, the modification
and construction of minor stationary sources consistent with the
requirements of section 110(a)(2)(c) of the Clean Air Act (CAA). We
refer to this part of the Federal Indian Country NSR rule as the
Federal Indian Country Minor NSR rule. Under the Federal Indian Country
Minor NSR rule, we proposed to fill a regulatory gap and provide a
mechanism for issuing preconstruction permits for the construction of
new minor sources and certain modifications of major and minor sources
in Indian country. We promulgated final rules on July 1, 2011,\9\ and
the FIP became effective on August 30, 2011.
---------------------------------------------------------------------------

\8\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 71 FR 48696, August
21, 2006, https://www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06-6926.htm.
\9\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

The Federal Indian Country Minor NSR rule applies to new and
modified minor stationary sources and to minor modifications at
existing major stationary sources located in Indian country \10\ where
there is no EPA-approved program in place. Tribes can elect to develop
and implement their own EPA-approved program under the Tribal Authority
Rule,\11\ but they are not required to do so.\12\ In the absence of an
approved tribal program, EPA implements this program. Alternatively,
tribes can take delegation of the program from EPA and become the
reviewing authority.
---------------------------------------------------------------------------

\10\ The Federal Indian Country Minor NSR rule defines ``Indian
country'' to include three categories of lands consistent with 18
U.S.C. 1151, i.e., Indian reservations, dependent Indian
communities, and Indian allotments. The U.S. Court of Appeals for
the District of Columbia Circuit vacated the rule with respect to
non-reservation areas of Indian country (i.e., dependent Indian
communities and Indian allotments) (Oklahoma Dept. of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The court held that
the state, not tribes or the EPA, has initial primary responsibility
for implementation plans under Clean Air Act section 110 in non-
reservation areas of Indian country in the absence of a
demonstration of tribal jurisdiction by the EPA or a tribe. The
rule, therefore, does not apply in non-reservation areas of Indian
country unless a tribe or the EPA has demonstrated that a tribe has
jurisdiction in a particular non-reservation area of Indian country.
\11\ To develop and implement an EPA-approved program, under the
Tribal Authority Rule a tribe must meet four requirements: (1) be a
federally-recognized tribe, (2) have a functioning government, (3)
have the legal authority and (4) have the capacity to run the
program. For more information go to: ``Indian Tribes: Air Quality
Planning and Management,'' U.S. Environmental Protection Agency, 63
FR 7254, February 12, 1998, https://www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.
\12\ Under tribal law, tribes can also establish permit fees
under a tribal permitting program as do most states.
---------------------------------------------------------------------------

Beginning September 2, 2014, any new stationary sources that will
emit, or will have the PTE, a regulated NSR pollutant in amounts that
will be: (a) Equal to or greater than the minor NSR thresholds,
established in the Federal Indian Country Minor NSR rule; and (b) less
than the amount that would qualify the source as a major source or a
major modification for purposes of the Prevention of Significant
Deterioration (PSD) or nonattainment major NSR programs, must apply for
and obtain a minor NSR permit before beginning construction of the new
source. Likewise, any existing stationary source (minor or major) must
apply for and obtain a minor NSR permit before beginning construction
of a physical or operational change that will increase the allowable
emissions of the stationary source by more than the specified threshold
amounts, if the change does not otherwise trigger the permitting
requirements of the PSD or nonattainment major NSR program(s).\13\
---------------------------------------------------------------------------

\13\ A source may, however, be subject to certain monitoring,
recordkeeping and reporting (MRR) requirements under the major NSR
programs, if the change has a reasonable possibility of resulting in
a major modification. A source may be subject to both the Federal
Indian Country Minor NSR rule and the reasonable possibility MRR
requirements of the major NSR program(s).
---------------------------------------------------------------------------

Among other things, the Federal Indian Country Minor NSR rule
created a framework for the EPA to streamline the issuance of
preconstruction permits to true minor sources by using general permits.
2. What is a true minor source and how does it differ from a synthetic
minor source?
``True minor source,'' under the Federal Indian Country Minor NSR
rule means a source that emits, or has the potential to emit, regulated
NSR pollutants in amounts that are less than the major source
thresholds under either the PSD Program at 40 CFR 52.21, or the Federal
Major New Source Review Program for Nonattainment Areas in Indian
Country at 40 CFR 49.166-49.173, but equal to or greater than the minor
NSR thresholds in Sec. 49.153, without the need to take an enforceable
restriction to reduce its PTE to such levels. A source's PTE includes
fugitive emissions, to the extent that they are quantifiable, only if
the source belongs to one of the 28 source categories listed in part
51, Appendix S, paragraph II.A.4(iii) or Sec. 52.21(b)(1)(iii) of 40
CFR, as applicable. By contrast, ``synthetic minor source'' means a
source that otherwise has the potential to emit regulated NSR
pollutants in amounts that are at or above those thresholds for major
sources, but that has taken a restriction so that its PTE is less than
such amounts. Such restrictions must be enforceable as a legal and
practical matter.
3. What is a general permit?
A general permit, for purposes of this action, is a permit document
that contains standardized requirements that

[[Page 25071]]

multiple stationary sources can use. The Federal Indian Country Minor
NSR rule specified the process and requirements for using general
permits to authorize construction and modifications at minor sources as
a streamlined permitting approach. The EPA may issue a general permit
for categories of emissions units or stationary sources that are
similar in nature, have substantially similar emissions, and would be
subject to the same or substantially similar permit requirements.\14\
``Similar in nature'' refers to size, processes, and operating
conditions. The purpose of a general permit is to provide for
protection of air quality while simplifying the permitting process for
similar minor sources. General permits offer a cost-effective means of
issuing permits and provide a quicker and simpler mechanism for
permitting minor sources than the site-specific permitting process.
---------------------------------------------------------------------------

\14\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38770, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

While the final Federal Indian Country Minor NSR rule contemplated
issuance of general permits by the EPA Regional Offices,\15\ we have
determined (for the permits on which we are taking final action) that a
nationwide action is appropriate. Through this action, we are
finalizing general permits to serve as preconstruction permit
authorizations that contain emission limitations and other restrictions
to govern how sources construct, modify and operate.
---------------------------------------------------------------------------

\15\ If a tribe develops an EPA-approved implementation plan,
then under that plan it could also issue its own general permits.
---------------------------------------------------------------------------

4. What is a permit by rule?
Like a general permit, a permit by rule is a standard set of
requirements that can apply to multiple stationary sources with similar
emissions characteristics. For purposes of this action, a permit by
rule would differ from a general permit in that the agency would codify
a permit by rule directly into the Federal Indian Country Minor NSR
rule. The process for a source to gain coverage under a permit by rule
is more streamlined compared to a general permit, or a site-specific
permit. The permits by rule program establishes a more streamlined
notification of coverage process that allows an individual applicant to
notify the reviewing authority that it meets the eligibility criteria
for the permit and the permit conditions rather than have to go through
a reviewing authority review and approval process. This
``notification'' process streamlines permitting for eligible sources
and makes it easier for the reviewing authority to implement the permit
by rule program compared to traditional site-specific permits and
standard general permits.

B. General Permits and Permits by Rule for the Federal Minor New Source
Review Program in Indian Country--Proposed Rule

1. What was in the proposed rule?
On January 14, 2014 (79 FR 2545), the EPA published a proposed
rule, ``General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country,'' to simplify the CAA
permitting process for five source categories: HMA plants, SQCS
facilities, auto body repair and miscellaneous surface coating
operations, GDFs (except in California), and petroleum dry cleaning
facilities.\16\ The proposed action is intended to ensure that air
quality in Indian country is protected by facilitating the
implementation of the Federal Indian Country Minor NSR rule issued by
the EPA in July 2011.
---------------------------------------------------------------------------

\16\ On July 17, 2014, the EPA published a second proposed rule
to simplify the permitting process for six source categories:
Concrete batch plants, boilers, stationary spark ignition engines,
stationary compression ignition engines, graphic arts and printing
operations, and sawmills. This second proposed rule can found at:
``General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country,'' 79 FR 41846, July 17,
2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014-16814.pdf.
EPA will finalize permits for these six source categories in a
separate action.
---------------------------------------------------------------------------

As the preferred approach, the EPA proposed draft general permits
for new or modified minor sources in the following five categories of
emission sources: HMA plants, SQCS facilities, GDFs, auto body repair
and miscellaneous surface coating operations, and petroleum dry
cleaning facilities. As an alternative approach, we proposed a permit
by rule for new or modified minor sources in three of the five source
categories: GDFs, auto body repair and miscellaneous surface coating
operations, and petroleum dry cleaning facilities. We also proposed
five changes to the following provisions in the Federal Indian Country
Minor NSR rule: Sec. 49.151(c)(1)(iii)(B); Sec. 49.156(e); and Sec.
49.160(c)(1)(ii) and (c)(1)(iii). The changes are:
(a) Shortening the general permit application review process from
90 to 45 days for certain source categories;
(b) Adjusting the deadline by which minor sources covered by a
general permit need to obtain a preconstruction permit;
(c) Extending the permitting deadline for true minor sources within
the oil and gas source category;
(d) Removing a provision to make clear that sources may seek
coverage under a general permit as soon as it is effective and need not
wait an additional 4 months; and
(e) Adjusting the deadline for oil and gas sources for certain
registration-related requirements to be consistent with the proposed
permitting deadline extension.
2. Previously Finalized Actions From the January 14, 2014, Proposal
In a final rulemaking dated May 22, 2014, and published June 16,
2014,\17\ the EPA amended the Federal Indian Country Minor NSR rule by
finalizing the following three actions:
---------------------------------------------------------------------------

\17\ ``Review of New Sources and Modifications in Indian Country
Amendments to the Registration and Permitting Deadlines for True
Minor Sources,'' 79 FR 34231, June 16, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf.
---------------------------------------------------------------------------

Adjusted the deadline by which minor sources covered by a
general permit need to obtain a preconstruction permit by eliminating a
requirement for all true minor sources that begin operation before
September 2, 2014, to obtain a minor NSR permit 6 months after the EPA
publishes a general permit (no general permits have been finalized to
date, so the provision is now moot; item (b) above) (Sec.
49.151(c)(1)(iii)(B));
Extended the permitting deadline for true minor sources
within the oil and gas source category (item (c) above) (Sec.
49.151(c)(1)(iii)(B)); and
Adjusted the deadline for oil and gas sources for certain
registration-related requirements to be consistent with the proposed
permitting deadline extension (item (e) above) (Sec.
49.151(c)(1)(iii)(A); Sec. 49.160(c)(1)(ii) and (c)(1)(iii)).

IV. Final Rulemaking Action

This section outlines the major areas where we sought comment in
the January 14, 2014, proposal, highlights our responses and describes
our final action in those areas. The complete Response to Comments
Document (RTC) can be found in docket EPA-HQ-OAR-2011-0151 and contains
more detailed summaries of the comments we received and our responses
to them. As noted in Section III. Background, we have already responded
to some of the comments made on the January 14, 2014, proposal in the
final action we took on May 22, 2014. In addition, as noted below, we
will address comments related to the permitting of minor sources in the
oil and natural gas sector in the context of the EPA's follow up to

[[Page 25072]]

an Advance Notice of Proposed Rulemaking \18\ (ANPR). In the ANPR, we
sought feedback on how to address minor source NSR permitting for oil
and natural gas sources in Indian country.
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\18\ ``Managing Emissions from Oil and Natural Gas Production
Indian Country,'' 79 FR 32502, June 5, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-05/pdf/2014-12951.pdf.
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A. Permit Documents and Implementation Tools

1. Proposed Rule
As our preferred approach, the EPA proposed general permits for use
in Indian country pursuant to the Federal Indian Country Minor NSR rule
for new or modified minor sources in the following five source
categories: HMA plants, SQCS facilities, auto body repair and
miscellaneous surface coating operations, GDFs, and petroleum dry
cleaning facilities. In the alternative, we also proposed permits by
rule for use in Indian country for new or modified minor sources for
three of the five source categories: Auto body repair and miscellaneous
surface coating operations, GDFs, and petroleum dry cleaning
facilities. Overall, we sought comment on all aspects of the permit
documents and implementation tools for these five source categories.
Specifically, Section VI. Summary of Specific Terms and Conditions of
the General Permits and Request for Comment of the January 14, 2014,
proposal, provided a summary of the specific terms and conditions of
the general permits and indicated specific areas where we requested
comment. Detailed responses to the comments on the permits and related
tools and documents are addressed in Sections 3.1 to 3.5 of the RTC
Document.\19\
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\19\ The document is available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at: Docket ID No. EPA-HQ-OAR-2011-
0151.
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2. Final Action, Comments and Responses
This section provides a brief summary of what the EPA considers to
be the most significant comments received and our responses to those
comments. Overall, on our January 14, 2014, proposal, we received 26
comments: 13 from industry (or their representatives), 11 from tribes
(or their representatives), 1 from a local air quality agency and 1
from a state environmental agency.
Overall, based in part on our review of the comments, in this final
action the EPA is issuing general permits for two source categories:
HMA plants and SQCS facilities. These are available at: https://www.epa.gov/air/tribal/tribalnsr.html. We are also promulgating permits
by rule for three source categories: Auto body repair and miscellaneous
surface coating operations, GDFs, and petroleum dry cleaning
facilities. These are available in this Federal Register notice and
will be codified at 40 CFR 49.162. For all of these permits, the
implementation tools and documents are available at: https://www.epa.gov/air/tribal/tribalnsr.html. The tools and documents are:
Request for Coverage Forms (applications for general permits);
Notification of Coverage Forms (permits by rule); Questionnaires;
Instructions; PTE Calculators and Background Documents.
The following sections provide an abbreviated summary of
significant comments on the proposed draft permits for the five source
categories addressed in this final rule and our responses. In our final
action, based in part on our review of the comments, we have made
changes to the terms and conditions for the two draft general permits
and the three proposed permits by rule and to the related
implementation tools in the following areas: Setback requirements;
throughput limits; various control requirements; and enhancements and
clarifications to the implementation tools.
(a) Overview of Changes to Implementation Tools and Permits
In response to public comments, we are making the following changes
to the implementation tools:
(1) Retitled the implementation tools for the three categories for
which we are promulgating permits by rule to reflect that they are not
general permits but are, in fact, permits by rule;
(2) For the Notification of Coverage Forms for the three permits by
rule we are promulgating today, we have added requirements for (a) a
list of equipment that will be present at the new or modified source;
(b) PTE; (c) at existing sources, estimated annual emissions based on
actual operating conditions and equipment \20\ to satisfy the minor
source registration requirement of Sec. 49.160; and (d) clarified that
sources covered by the permits by rule must also register under Sec.
49.160 and that submittal of the Notification of Coverage Form
satisfies that requirement;
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\20\ Estimates of emissions take into account equipment,
operating conditions, and air pollution control measures and are
calculated using the actual operating hours, production rates, in-
place control equipment, and types of materials processed, stored,
or combusted during the preceding calendar year.
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(3) For the permits by rule, we have separated the screening
processes from the Notification of Coverage Forms and created a
separate document, ``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'';
(4) For the Request for Coverage Forms for the two general permits
we are promulgating today, we have added a request for estimates of PTE
and, at existing sources, actual emissions to satisfy the minor source
registration requirement of Sec. 49.160; clarified that sources
covered by the general permits rule must also register under Sec.
49.160 (submittal of the Request for Coverage Form satisfies that
requirement); and added a section in which a source can list multiple
source locations in which a portable source is planning to locate and
for which it wants reviewing authority approval;
(5) For the instructions and questionnaires, we have made the
changes necessary to reflect the changes made to the Notification of
Coverage Forms and Request for Coverage Forms;
(6) For the questionnaires, to avoid confusion and redundancy with
the eligibility criteria provided in the Notification of Coverage Forms
and Request for Coverage Forms, we have removed the list of eligibility
criteria at the front of the documents; and
(7) For the background documents, we have made the changes
necessary to reflect the changes made to permit requirements in areas
such as setbacks and throughput limits (see Sections IV.F. and IV.G.
below for more detail).
In addition, we have made some changes in the permits being
finalized in this action as a result of comments received on the July
17, 2014, proposed rule we issued for general permits and permits by
rule in Indian country.\21\ These changes concern general provisions in
the permits and, thus, need to be reflected in all of the final permits
from both proposals. One commenter stated that the condition in the
draft general permits concerning Notification of Change in Ownership is
unclear in establishing whether it is the responsibility of the new
permittee or the old permittee to comply with the notification
requirements. The same commenter requested that certain conditions of
the draft general permit be clarified to cover situations in which
there is a change of operator, but the ownership of the equipment is
the same. In response to the comments, the EPA has clarified in the
permits for the five source categories covered by this action that it
is the responsibility of the new

[[Page 25073]]

permittee to submit a written or electronic notice to the reviewing
authority within 90 days before or after the change in ownership is
effective. For the permits, we have also modified two Change in
Ownership conditions \22\ that appear in Sec. Sec. 49.162(d)(5)(ii),
49.163(d)(5)(ii), and 49.164(d)(5)(ii) to include the word ``operator''
to clarify that these conditions also cover a change in operators where
ownership of the equipment is the same.
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\21\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country,'' 79 FR 41846, July 17,
2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014-16814.pdf.
\22\ The Change in Ownership condition in Section 6 of the
proposed permits by rule has been dropped from the final permits by
rule because there is no Approval of Coverage to change for permits
by rule.
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One commenter stated that the term ``Responsible Official'' should
be defined to ensure truth, accuracy and completeness of required
reports. In response to the comment, EPA has added a definition of
Responsible Official to each of the final permits.
Two commenters supported the proposed rule's approach of requiring
each source to post the current approval of the Request for Coverage
and to label each affected emissions unit and associated air pollution
control technology with the identification numbers listed in the
approval. One commenter recommended that the General Permit and the
most current approval of the Request for Coverage for the permitted
source ``must be made available immediately upon request,'' as opposed
to ``must be posted.'' The commenter stated that it was not necessary
to label the air pollution control equipment as the description and
serial numbers are provided in the application. The EPA acknowledges
the support of the commenters with respect to posting the Approval of
the Request for Coverage. Upon review of comments received related to
the posting of the General Permit in addition to the Approval of the
Request for Coverage, EPA is revising the permits to exclude the
requirement that the General Permit must be posted. Posting of the
Approval of the Request for Coverage is required under 40 CFR
49.156(e)(6), but the General Permit itself is not required under the
regulation to be posted and only needs to be available on site as
needed. Regarding the labeling of emission units and air pollution
control equipment, identification and labeling of these units is needed
to facilitate identification of equipment covered under the General
Permit by any potential inspectors. Therefore, EPA is finalizing the
labeling requirements as proposed.
(b) Hot Mix Asphalt Plants and Stone, Quarrying, Crushing, and
Screening Facilities
The EPA received numerous comments \23\ on the draft General Air
Quality Permit for New or Modified True Minor Source Hot Mix Asphalt
Facilities in Indian Country and the related implementation tools.
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\23\ Comments received on throughput limits and setback
requirements for the HMA plants and SQCS facilities general permits
are addressed in Sections IV.F. and IV.G., respectively.
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One commenter recommended that the EPA use South Coast Air Quality
Management District (SCAQMD) documents to develop some of the standards
for asphalt plant equipment. We did consider SCAQMD rules when we
developed some of the nonattainment area emission requirements in the
HMA general permit because many of the nation's tribal nonattainment
areas are in California. One commenter recommended that asphalt batch
plants, process heaters, and storage tanks also be subject to Best
Available Control Technology (BACT \24\). We agree that additional
requirements for combustion units and asphalts tanks at HMA plants
planning to locate or modify in nonattainment areas is appropriate and,
accordingly, have modified the HMA general permit to include additional
requirements for combustion units and asphalt tanks for nonattainment
areas.
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\24\ For federal purposes, BACT is a requirement for major
sources under the PSD Program. However, the term is being used as it
is used by the SCAQMD air program in the context of minor source NSR
permitting in nonattainment areas.
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One commenter recommended that the EPA add a requirement for hot
asphalt conveying, mixing, and truck load out to have ``Blue Smoke
Control.'' The EPA considers the proposed opacity limits and weekly
opacity monitoring requirements to be adequate for controlling visible
emissions from HMA facilities. Two commenters stated that the
requirements to submit annual compliance and deviation reports are
overly cumbersome when compared to state requirements applicable
immediately outside reservations. The EPA notes that the provision
requiring submittal of annual compliance monitoring and deviation
reports is included in the Federal Indian Country Minor NSR rule itself
and is, therefore, properly included in general permits.
Commenters noted that, while the EPA used existing state general
permits as the standard for the proposed HMA general permit, it picked
more stringent permit requirements from the state permits reviewed, and
created overly burdensome and duplicative requirements, creating an
economic disadvantage for operators on tribal lands. The EPA notes that
the primary purpose of a preconstruction review program is to protect
air quality. The EPA believes that establishing a reasonable level of
equality between what is required of sources locating in Indian country
and sources locating outside of Indian country is an important
secondary consideration; however, it is challenging to develop a single
general permit for use across all tribal lands that would adequately
protect air quality and create a perfectly level playing field.
Two commenters stated that the EPA failed to recognize that many
HMA plants are portable in operation, and that the proposed general
permit does not allow the flexibility necessary to easily relocate HMA
plants. The EPA notes that the proposed HMA general permit includes
provisions allowing relocation of the HMA facility as long as the
alternate location(s) is (are) identified in the Approval of the
Request for Coverage. For HMA facilities (and SQCS facilities), three
commenters recommended that the EPA adopt an approach based on
generalized relocation criteria that would not require identification
of specific locations. The EPA disagrees with the commenters. The
purpose of the preconstruction permitting program is to protect air
quality and a determination of whether that goal is actually being met
is dependent on knowing where a particular facility is going to be
located. The EPA has, however, revised the Request for Coverage Form to
clarify that the applicant may identify multiple locations for which
the applicant is seeking coverage under the General Permit, including
potential future locations.
One commenter stated that requiring operators to submit to the EPA
a notice of construction each time the facility begins or resumes
operations provides unnecessary enforcement risk to operators on tribal
lands and should be stricken from the proposed HMA general permit. The
EPA considers these notifications necessary to document when the
requirements in the permit become applicable. Two commenters
recommended that the EPA recognize an existing stack test on the same
facility approved by an adjoining state agency, as stack tests are
expensive, and the HMA industry has thin (profit) margins, creating an
economic disadvantage for operators on tribal lands. The EPA has
determined that it will allow a previous performance test that meets
the performance test requirements

[[Page 25074]]

identified in the HMA general permit to be used in lieu of an initial
performance test, as long as conditions that might affect the
facility's performance have not changed since the previous performance
test was conducted.
One commenter stated that the restriction on HMA plants locating in
severe and extreme ozone nonattainment areas and serious carbon
monoxide (CO) nonattainment areas would place a restraint on any Indian
tribe in these areas that might want to establish or attract an HMA
plant for economic development purposes. The EPA notes that in severe
and extreme ozone nonattainment areas, the air quality is already
considerably degraded and that any additional impacts associated with a
new facility must, therefore, be carefully evaluated before allowing
construction to proceed. Although the EPA considered throughput limits
for facilities locating in severe and extreme ozone nonattainment
areas, we determined that these limits would need to be set at very low
levels and would not provide sufficient flexibility for sources. The
EPA revised the proposed HMA general permit to allow sources locating
in serious CO nonattainment areas to be eligible for the permit, but
maintained the exclusion for severe and extreme ozone nonattainment
areas.
Two commenters noted that the proposed HMA permit requirements
create major-source like requirements for true minor sources and
synthetic minor sources, and noted that the proposed HMA general permit
is a very complex permit for a not very complex industry. The EPA
believes that the conditions in the general permit for this source
category are appropriate. The complexity of this source category is
demonstrated by there being multiple pieces of equipment and/or
processes and pollutants and it being typically collocated with SQCS
facilities. Protecting air quality for sources in such a source
category necessitates a more comprehensive and specific set of
emissions limitations and standards and associated requirements. It is
important to also keep in mind that a comparison of the requirements in
the EPA's proposed HMA general permit and the limits listed in
Attachment A of the HMA background document \25\ demonstrate that the
EPA's proposed general permit for HMA plants is not the most stringent,
nor the least stringent, in the country for HMA plants. The EPA's
limits on throughput, fuel use, fuel sulfur content, nitrogen oxides
emissions, CO emissions, and particulate matter (PM) emissions for
attainment, unclassifiable or attainment/unclassifiable areas are all
within the range of limits established by states in their general
permits.
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\25\ The background documents are available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at Docket ID No. EPA-HQ-
OAR-2011-0151.
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Two commenters noted that the EPA did not provide any opportunity
to use on-specification waste oil or used oil, which is common in the
asphalt industry, and could create an economic disadvantage for
operators on tribal lands. Another commenter stated that the HMA permit
sulfur content limit for liquid fuels (<0.0015 percent sulfur) is a
very stringent on-road fuel standard being applied to stationary or
non-road equipment, and that this creates a disadvantage for operations
on tribal land. The EPA has accounted for the use of waste oil and
recycled oil in the definition of ``distillate fuel'' in Attachment B
to the final General Permit.\26\ ``Distillate fuel'' is defined as
``fuel oils, including recycled oils that comply with the
specifications for fuel oil numbers 1 and 2, as defined by ASTM 396, or
equivalent.'' Regarding sulfur content limits, we have limited the
sulfur content for all fuels used to less than 0.0015 percent sulfur in
order to maintain consistency with the current fuel standards for
sulfur in 40 CFR 80.510, which are already required for engines under
NSPS subpart IIII (Stationary Compression Ignition Internal Combustion
Engines) and National Emission Standards for Hazardous Air Pollutants
(NESHAP) subpart ZZZZ (Stationary Reciprocating Internal Combustion
Engines). One commenter noted that the EPA created duplicative
requirements for engines that already have extensive federal
requirements applicable through EPA engine standards: NSPS, Maximum
Achievable Control Technology (MACT), and on-road engine rules. The EPA
acknowledges that the permit includes requirements for engines that are
covered by NSPS and NESHAP engine rules. However, we did not simply
duplicate the NSPS and NESHAP requirements in the permits. Instead, we
conducted a case-by case control technology review of the source
category and established engine requirements that are consistent with
the NSPS and NESHAP requirements. This approach is consistent with the
requirement of the Federal Indian Country Minor NSR rule, which
requires that each permit include applicable emission limitations that
assure each affected emissions unit will comply with all requirements
of parts 60, 61 and 63.
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\26\ The final general permits are available online at: https://www.epa.gov/air/tribal/tribalnsr.html and at Docket ID No. EPA-HQ-
OAR-2011-0151.
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One commenter stated that fuel consumption limits are overly
burdensome and unnecessary for determining compliance with the HMA
general permit, and recommended that they be removed from the General
Permit. The EPA is retaining the fuel consumption limits in the final
general permit in lieu of ton-per-year emission limits because tracking
fuel use is easier for sources and, thus, reduces the burden of having
to calculate and track emissions. Two commenters noted that the EPA did
not provide any allowance or justification for not allowing wet
scrubbers for particulate controls when they may be allowed on
adjoining state lands, creating an economic disadvantage for operators
on tribal lands. The EPA agrees with the commenter and has added
provisions to the HMA general permit to allow for the use of a wet
scrubber in appropriate circumstances. One commenter recommended that
the EPA remove the provision requiring that extra bags and spare parts
be maintained onsite, and allow operators the choice to shut down a
facility that has a torn bag in the baghouse until a replacement is
transported to the site. The EPA agrees with the commenter and has
modified the permit to suggest the permittee maintain extra bags and
spare parts on site to ensure timely repair. However, replacements bags
can be transported on site when needed. In either case, the permittee
must shut down the facility until a replacement bag is installed.
The EPA received numerous comments on the draft General Permit for
New or Modified True Minor Source Stone Quarrying, Crushing and
Screening Facilities in Indian Country and the related implementation
tools. Two commenters stated that a monthly total emissions limitation
based on a 30-day rolling total would be appropriate since an SQCS
facility can relocate much like an HMA plant, and even perhaps to an
area in nonattainment for PM10. One commenter recommended
that, as an alternative, the EPA could retain the 12-month period
limits on raw material throughput but establish different throughput
production limits for areas in attainment and for areas in serious,
severe, or extreme nonattainment for PM.\27\ The EPA has considered the
commenters' suggestion

[[Page 25075]]

and agrees that the approach used in the HMA general permit is
appropriate for SQCS facilities since they often also need to relocate
and are frequently collocated with HMA plants. The EPA replaced the
proposed annual throughput limit with monthly throughput limits for
both raw material and fuel. The limits are set at a level which will
generally keep the combined emissions of a collocated SQCS facility and
a HMA plant at a level that does not trigger title V applicability (see
Section IV.K. Use of More Than One General Permit and/or Permit by Rule
for a Source at a Single Location). The general permits for both HMA
plants and SQCS facilities are written for use by both true minor
sources and synthetic minor sources. The permits contain one set of
requirements for each that apply to true minor sources and synthetic
minor sources and include a margin of safety between the permitted
throughput limit and the major source thresholds (see Section IV.I. Use
of General Permits and Permits by Rule to Create Synthetic Minor
Sources). In addition, the control technology determinations proposed
are contained in the final general permits. They cover a myriad of
emissions points at sources in these categories, including engines,
mixers, dryers, and heaters.
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\27\ Subpart 4, which contains the provisions governing
requirements for PM nonattainment areas, provides for only moderate
and serious classifications.
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One commenter recommended that the EPA consider SCAQMD Rule 1157 to
address particulate emissions from SQCS equipment. The EPA has reviewed
Rule 1157 and notes that the draft permit conditions appear to be at
least as stringent as those suggested by the commenter. One commenter
noted that the draft general permit assumes that all engines used for
this operation would be diesel-fired compression ignition engines and
asked why provisions for spark ignition (SI) engines and the use of
other fuels were not included. The EPA has not included provisions for
SI engines in the final SQCS permit because the EPA believes that it is
unlikely that many minor sources in this source category are using SI
engines. Electricity for the motors running the crushers, screens, and
conveyors at SQCS facilities is provided either by grid electric power
or by diesel engines. Diesel engines are preferred in this source
category because of their improved efficiency and reliability in these
heavy work-intensive, industrial applications versus SI engines. In the
EPA's view, adding SI engines to the SQCS general permit is, therefore,
not necessary.
One commenter recommended that the general permit reference the
specifics of compliance such as stack testing and emission limits to
the NSPS and MACT requirements in the federal regulations. The EPA
notes that the emission limitations in the SQCS general permit are
intended to ensure compliance with the applicable NSPS and NESHAPs for
this source category, as required by the Federal Indian Country Minor
NSR rule. However, the EPA's pre-construction permitting program under
the Federal Indian Country Minor NSR rule is not an operating permit
program. The terms and conditions in permits issued pursuant to the
Federal Indian Country Minor NSR rule are enforceable independent of
the NSPS and NESHAP requirements.
Two commenters stated that the requirements in the SQCS permit can
be damaging to tribal member-owned companies and may cause them to go
out of business. The EPA does not believe that the requirements in the
SQCS permit will be damaging to tribal member-owned companies. During
the development of the draft permit, the EPA conducted research to
identify, review and incorporate similar throughput limits, fuel usage
limits, fuel sulfur limits, fugitive dust suppression methods, and
engine emission and opacity limitations in state-issued permits. Based
on this analysis, we have determined that the emission limitations and
controls proposed in the general permit for both attainment and
nonattainment areas are consistent with what is required of similarly
located SQCS facilities across the country and, therefore, would not
present an unfair or undue burden for tribal member-owned sources.
The EPA received comments on whether to establish a single,
combined permit for HMA and SQCS facilities. One commenter stated its
preference for a permitting approach that requires each HMA plant and
SQCS facility to request coverage under its own general permit, rather
than placing both sources under one general permit. Another commenter
stated that collocation of HMAs and SQCSs is quite probable, but
believed that they cannot be combined and permitted in one permit. One
commenter did not support offering a single permit for both facilities
because most often it would be two different companies. One commenter
recommended that HMAs and SQCSs be permitted separately, but when
operated at the same location and utilizing materials from one
operation to another that they combine (and limit) the emissions (as if
they were one source) to protect the airshed without creating an
emissions loophole. Another commenter recommended that a single general
permit should be issued covering sources that are co-located in
addition to issuing separate general permits for each source, noting
that the requirement for co-located sources would be used to ensure
that the two sources' combined emissions are below the major source
thresholds.
The EPA has considered the concerns and recommendations of
commenters and has determined that it is appropriate to maintain
separate permits for HMA and SQCS sources even when they are co-
located. In the final HMA and SQCS general permits, however, the EPA is
providing alternative throughput and fuel limits for instances where an
HMA operation and an SQCS operation are co-located and the owner/
operator wants to ensure that combined emissions are below the title V
permitting thresholds. Each source should contact its reviewing
authority if it intends to rely on the emission limitations and
standards in the HMA and SQCS general permits to prevent having to
obtain a title V permit. The Request for Coverage Forms were revised to
allow applicants to request the co-location option.
In addition, the co-location option for these source categories is
not available in serious, severe and extreme ozone nonattainment areas.
For severe and extreme areas, the co-location option is not available
because the HMA general permit alone is not available in those areas
because the major stationary source thresholds are very low in these
types of areas, and we do not envision that any minor source HMA plants
would be able to meet the thresholds through a general permit.
Similarly, for serious areas, in trying to set co-location limits for
these source categories that are set low enough to meet the 50 tons per
year major source threshold for serious areas, we found that we would
have to set the throughput limits at levels so low that we do not
envision minor, co-located sources being able to meet the limits. In
these cases, we believe that co-location is more appropriately handled
for these sources thorough a site-specific permit.
(c) Auto Body Repair and Miscellaneous Surface Coating Operations
The EPA received numerous comments on the draft General Air Quality
Permit for New or Modified True Minor Source Auto body Repair and
Miscellaneous Surface Coating Operations in Indian Country \28\ (the

[[Page 25076]]

Auto body General Permit) and the related implementation tools. One
commenter recommended that, for ozone nonattainment regions, the EPA
should consider requiring the most stringent emissions limitation or
installation of BACT based on the requirements of the neighboring air
district regardless of a facility's PTE or throughput, and recommended
that the EPA use the most recent version of the SCAQMD BACT
requirements for serious, severe, and extreme ozone nonattainment
regions. The EPA has incorporated many of the SCAQMD BACT \29\
requirements, as well as amended volatile organic compound (VOC)
content limits, into the Permit by Rule that we are finalizing for this
source category versus a general permit. We did not include
requirements for activities that we do not expect to be located at
sources eligible for this permit by rule.
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\28\ The comments we received also apply to the Air Quality
Permit by Rule for New or Modified True Minor Source Auto body
Repair and Miscellaneous Surface Coating Operations in Indian
Country that the EPA proposed in the alternative. In this final
action, we are promulgating a permit by rule for the auto body
source category.
\29\ For federal purposes BACT is a requirement for major
sources under the PSD Program. However, the term is being used as it
is used by the SCAQMD air program in the context of minor source NSR
permitting in nonattainment areas.
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One commenter stated that the materials-use provisions in the draft
Auto body General Permit are unclear, while another commenter
recommended that the EPA specify the coating VOC content limits in
grams per liter or pounds (lbs) per gallon, excluding water. The EPA
based the material-use provisions in the draft Auto body General Permit
on a worst-case VOC content limit of 8.34 lbs per gallon and then
limited use to 5,000 gallons of materials with a VOC content of 8.34
lbs per gallon or less per year. As recommended, the EPA has also
specified coating content limits in grams per liter. One commenter
recommended that an emission limit based on the Federal Indian Country
Minor NSR rule ton per year permitting thresholds be used instead of a
throughput limitation. The EPA chose to include limitations on material
use in lieu of ton-per-year emission limits because tracking material
use is easier for sources and, thus, reduces burden. The EPA's research
of state permitting programs indicates that states are using material-
use limits for these sources.
One commenter recommended that the EPA consider adding a
requirement that prohibits the use of automotive coatings that contain
cadmium or chromium to help ensure adequate public health protection.
The Federal Indian Country Minor NSR rule permitting program does not
provide the EPA authority to regulate hazardous air pollutants (HAPs)
other than through the issuance of a synthetic minor permit. Therefore,
the content limits do not address cadmium or chromium. One commenter
recommended that the EPA add limits and work practices for stripping
operations in the permit. The EPA notes that the recommended limits for
stripping operations primarily address HAPs. As the EPA lacks authority
under the NSR program to impose such limits and the commenter did not
provide information indicating that such work practices are necessary
for other reasons, the EPA has not included limits or work practices
for stripping operations.
One commenter stated that the term ``reasonable time'' is
subjective and not easily enforceable as it pertains to reviewing
authority information requests of permittees. This commenter
recommended that a specific time frame should be included in the
permit. The EPA agrees with the commenter and replaced ``reasonable
time'' with ``30 days unless another timeframe is specified by the
EPA.'' We have made this change in all of the final permits in this
action. One commenter recommended that the Auto body General Permit
identify a specific test method to ensure consistency in determining
the efficiency of filters used in conjunction with capturing paint
overspray in enclosed painting areas. The EPA agrees and has revised
the permit by rule accordingly. One commenter noted that airless and
air-assisted airless spray guns are not equivalent to high volume, low
pressure (HVLP) spray guns and recommends that their use not be allowed
under Section 2: Emission Limitations and Standards, Conditions 19 and
33 of the draft general permits, unless the spray gun manufacturer can
demonstrate that their device is capable of achieving transfer
efficiency comparable to that of an HVLP spray gun. The EPA agrees with
the comment in the context of serious, severe, and extreme ozone
nonattainment areas. The more stringent requirement recommended by the
commenter will only apply to these nonattainment areas. For other
areas, consistency with the spray gun requirements in 40 CFR part 63
Subpart HHHHHH is more appropriate. One commenter requested that the
exemption for spray guns with a cup capacity of 3 fluid ounces or less
be removed for facilities located in serious, severe or extreme ozone
nonattainment areas. The commenter recommended continuing to exempt
spray guns with this capacity used in air brush operations. The EPA
agrees, and has changed the permit by rule. One commenter recommended
that the EPA require installation and maintenance of a pressure gauge
across each filter bank. The EPA agrees, and has revised the permit by
rule, accordingly.
One commenter recommended that the EPA revise the definitions for
``Air Brush Operations,'' ``Freeboard Area,'' ``Freeboard Height'' and
``Liquid Leak.'' The EPA agrees that the suggested changes are
appropriate and, therefore, revised the definitions as suggested,
except for ``Air Brush Operations'' because the term is not included in
any of the conditions of the final Auto body Permit by Rule. One
commenter recommended that, in the surface coating permit, the expected
transfer efficiency of the HVLP spray gun be defined. The EPA
disagrees. The draft Auto body General Permit defines an HVLP spray gun
consistent with 40 CFR part 63 Subpart HHHHHH, and we prefer to
maintain consistency with this regulation. One commenter stated that
the materials use provisions for cold cleaning solvent in the draft
Auto body General Permit are unclear, and recommended that an emission
limit be used instead. The EPA believes that the requirements are
sufficiently clear and that the materials use requirements are
preferable to an emission limit in this context because it is far
easier for small sources to track material use than emissions. As a
result, the EPA is retaining material use limits in the final permit by
rule.
One commenter requested clarification on whether sources that do
not exceed the permitting limit in the Federal Indian Country Minor NSR
rule, but are subject to the MACT, still need to obtain a general
permit. In response, the EPA notes that sources that are subject to a
NESHAP, but whose emissions do not exceed the permitting thresholds for
the Federal Indian Country Minor NSR rule, are not required to obtain a
minor source permit. One commenter stated that the Auto body General
Permit requires the permittee to keep records of the VOC and HAP
content of the solvent used in a solvent degreaser, but asked why the
permittee would need to keep records when there are no limits on the
VOC content of the solvents. The EPA agrees and revised these
recordkeeping requirements to require the Material Safety Data Sheet
(MSDS) to be maintained for each solvent degreaser, consistent with the
requirements for other VOC-containing material in the permit.
One commenter noted that, in the notification of construction or
modification requirement, it is not clear

[[Page 25077]]

whether the notification required for beginning operations is within 30
days of start of construction or within 30 days after operations begin
or resume. The EPA has revised the final Auto body Permit by Rule to
clarify that the permittee must provide written notice within 30 days
of beginning construction, and within 30 days of beginning initial
operations or resuming operations after a modification.
One commenter requested clarification on when the refresher
training is required for spray booth operators. The EPA has updated
Sec. 49.162(f) to the final Auto body Permit by Rule to specify that
training must be conducted within 180 days for new hires and that
operators must be re-certified at least every 5 years thereafter.
(d) Gasoline Dispensing Facilities
The EPA received numerous comments on the draft General Air Quality
Permit for New or Modified True Minor Source Gasoline Dispensing
Facilities in Indian Country \30\ (the GDF General Permit) and the
related implementation tools.\31\ One commenter stated that, for GDFs,
the percent onboard refueling vapor recovery (%ORVR) estimate seems
optimistic, and that basing applicability on throughput based on those
assumptions may under estimate source emissions. The EPA disagrees with
the commenter. The EPA determined the %ORVR for the vehicle fleet based
on an agency analysis using the 2012 memorandum, ``Updated Data for
ORVR Widespread Use Assessment,'' \32\ and believes this analysis is
well substantiated. Therefore, the EPA has continued to rely on this
analysis in establishing the throughput limits in the Permit by Rule
that we are finalizing for this source category versus a general
permit. One commenter supports the inclusion in the GDF General Permit
of standing loss control (SLC) requirements for above ground storage
tanks (ASTs) in those parts of Indian country that are located in
serious, severe and extreme ozone nonattainment areas. The EPA has
determined that SLC requirements for VOC emissions from ASTs should be
applied to GDFs in Indian country serious, severe and extreme ozone
nonattainment areas as we proposed. In doing this, the EPA has tried to
balance the requirement to protect the National Ambient Air Quality
Standards (NAAQS) with the desire to provide a level regulatory playing
field.
---------------------------------------------------------------------------

\30\ The comments we received also apply to the Air Quality
Permit by Rule for New or Modified True Minor Source Gasoline
Dispensing Facilities in Indian Country that the EPA proposed in the
alternative. In this final action, we are promulgating a permit by
rule for the GDF source category.
\31\ While we did not receive comments on setting a throughput
limit for the GDF permit by rule for marginal and moderate ozone
nonattainment areas, we are adding one for the GDF permit by rule
for those areas (see Section IV.F. for a fuller discussion of
throughput limits).
\32\ The memorandum can be found at: Docket Id. No. The EPA-HQ-
OAR-2010-1076.
---------------------------------------------------------------------------

One commenter noted that the proposed GDF General Permit requires
Stage I control for both underground and aboveground storage tanks and
SLC for aboveground storage tanks, but that Stage II control is not
required under the General Permit, even though Stage II control is
still required in some states. The commenter recommended that the EPA
require Stage II controls in states that still require Stage II
controls, Phase II Enhanced Vapor Recovery (EVR) systems, and Phase II
EVR systems in all serious, severe or extreme nonattainment areas.
Another commenter recommended that the EPA require In-Station
Diagnostics (ISD) for all GDFs that dispense more than 600,000 gallons
per year. Another commenter recommended that vapor recovery systems be
certified.
The EPA previously issued a notice of final rulemaking to allow
states to phase out Stage II controls for serious, severe and extreme
ozone nonattainment areas (77 FR 28772, May 12, 2012). At that time,
the Administrator made the determination that ORVR is in widespread
use, and that Stage II controls could be removed to reduce costs for
redundant control, as authorized under section 202(a)(6) of the CAA.
The rule allowed, but did not require, states to discontinue Stage II
vapor recovery programs. California has chosen to continue requiring
the program. The additional emission reductions associated with the use
of Stage II controls continue to be necessary and are required to be
included in California plans for demonstrating how they will attain the
NAAQS. We do not, however, anticipate any other areas in the country
continuing to require Stage II controls at new or modified GDFs. Based
on California's decision to continue to require the use of Stage II
controls, and the fact that such controls are not necessary in other
areas of the country, we have, however, determined that the use of the
proposed permit by rule, which does not include Stage II controls, in
California is not appropriate. As a result, while the final permit by
rule for GDFs will not include Stage II controls, sources located in
California will not be eligible to use the permit by rule. This
approach will allow EPA Region 9, the current reviewing authority in
all areas of California, to develop a general permit or permit by rule
for areas within California that is tailored to address the unique air
quality concerns in that area of the country. Requirements for the use
of ISD and the certification of vapor recovery systems are not included
in this final permit as these requirements are associated with Stage II
systems.
One commenter supports the exemption for tanks with less than 250
gallon capacity. Commenters requested that the EPA modify several
conditions in the draft GDF General Permit and Appendices to clarify
control equipment requirements, add housekeeping measures, revise
testing requirements, delete inconsistencies, and revise definitions.
The EPA agrees with some of these requests and disagrees with others.
The EPA made changes to the permit where we deemed that the change
would strengthen the permit's ability to protect air quality. One
commenter requested that the EPA revise the monitoring requirements in
the draft GDF General Permit to add a requirement for the daily visual
inspection of equipment. The EPA revised the permit to include a
requirement for a daily visual inspection of equipment in extreme ozone
nonattainment areas. One commenter recommended that the EPA make
several changes in the draft general permit to Attachment C: Vapor
Balance System Design Criteria, Management Practices, and Performance
Testing, Paragraph 11, relating to applicability, technical references,
and certifications for ASTs. The EPA concurs and has made the changes.
One commenter recommended that the MACT standard for GDFs, 40 CFR
part 63, subpart CCCCCC, should be referenced in the GDF General
Permit, and noted that the permit conditions in the draft general
permit are more stringent than are the MACT requirements in some
respects. The requirements included in the permit are intended to
harmonize with the existing NESHAP rule to the greatest extent
possible. We have tried to maintain consistency with 40 CFR part 63,
subpart CCCCCC to streamline the permit and to reduce burden to sources
who may need to comply with both requirements. More stringent
requirements were included for GDFs in certain nonattainment areas to
protect the NAAQS.
(d) Petroleum Dry Cleaning Facilities
The EPA received comments on the draft General Air Quality Permit
for New or Modified True Minor Source Petroleum Dry Cleaning Facilities
in

[[Page 25078]]

Indian Country \33\ (the Petroleum Dry Cleaning General Permit) and the
related implementation tools. Two commenters agreed with the throughput
limits and inspection requirements for dry cleaning facilities, while
another commenter stated the inspection timeframes and repair deadlines
for dry cleaning dryers were burdensome. One commenter recommended that
the EPA include BACT \34\ guidelines for new petroleum dry cleaning
equipment in nonattainment areas identical to the SCAQMD BACT
guidelines, while another commenter noted there would be costs
associated with meeting the draft requirements for nonattainment areas
in the permit. One commenter recommended that the MACT standard for dry
cleaners be referenced in the General Permit. One commenter stated its
belief that the draft permit conditions are more stringent than the
MACT requirements, and recommended that the EPA remove any sections
from the General Permit that duplicate the MACT rule. The EPA has
determined that it will maintain the proposed throughput limits and
inspection requirements in the Permit by Rule that we are finalizing
for this source category versus a general permit. The EPA believes the
timeframe for inspections and repair is reasonable, as these are
equivalent to requirements in the Petroleum Dry Cleaners NSPS (40 CFR
part 60, subpart JJJ). The EPA intended to include more stringent
requirements for sources locating in certain ozone nonattainment areas.
The EPA did not intend to include standards from the NESHAP standard
for perchloroethylene dry cleaners (40 CFR 63, subpart M) in the permit
by rule as the permit is not intended to regulate emissions of HAP.
Instead, the EPA drew upon requirements from the Petroleum Dry Cleaners
NSPS (40 CFR part 60, subpart JJJ) in establishing the requirements in
the draft permit. The EPA believes that more stringent provisions are
necessary in serious, severe, and extreme ozone nonattainment areas and
has included such provisions in the final permit by rule. As these
nonattainment provisions are largely drawn from state and local
requirements, the EPA believes that the final permit conditions are
reasonable for areas with impaired air quality and consistent with the
requirements in other areas outside of Indian country.
---------------------------------------------------------------------------

\33\ The comments we received also apply to the Air Quality
Permit by Rule for New or Modified True Minor Source Dry Cleaning
Facilities in Indian Country that the EPA proposed in the
alternative. In this final action, we are promulgating a permit by
rule for the petroleum dry cleaning source category.
\34\ For federal purposes BACT is a requirement for major
sources under the PSD Program. However, the term is being used as it
is used by the SCAQMD air program in the context of minor source NSR
permitting in nonattainment areas.
---------------------------------------------------------------------------

B. Requirements of the Endangered Species Act (ESA) and the National
Historic Preservation Act (NHPA)

1. Proposed Rule
The ESA requires federal agencies to ensure, in consultation with
the U.S. Fish and Wildlife Service and/or the National Marine Fisheries
Service (the Services), that any action they authorize, fund, or carry
out will not likely jeopardize the continued existence of any listed
threatened or endangered species, or destroy or adversely modify the
designated critical habitat of such species. Under relevant ESA
implementing regulations, federal agencies consult with the Service(s)
on actions that may affect listed species or designated critical
habitat.
The NHPA requires federal agencies to take into account the effects
of their undertakings on historic properties--i.e., properties that are
either listed on, or eligible for listing on, the National Register of
Historic Places--and to provide the Advisory Council on Historic
Preservation (the Council) a reasonable opportunity to comment on such
undertakings. Under relevant NHPA implementing regulations, NHPA
consultations are generally conducted with the appropriate Tribal and/
or State Historic Preservation Officers in the first instance, with
opportunities for direct Council involvement in appropriate
circumstances. The Federal Minor NSR Program in Indian Country has
increased the number of activities for which the EPA is the permitting
authority. To ensure appropriate consideration of listed species and
historic properties, we provided draft screening processes in
Appendices A and B to the draft Request for Coverage Forms for the
draft general permits that we made available for comment.
2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received and our responses. Overall, as a result of the comments in
this final action, we are largely retaining the processes we proposed,
but with some important adjustments. In terms of process, as discussed
in Section IV.H. Permit by Rule Regulatory Framework, we have modified
the permit by rule process to require that a source planning to seek
coverage under a permit by rule must first demonstrate it has
adequately completed the screening processes for threatened and
endangered species and historic properties, and received a written
letter from the EPA indicating that the processes have been
satisfactorily addressed, prior to notifying the reviewing authority
that it is covered under the permit by rule.\35\ (To this end, as noted
above, for the permits by rule, we have separated the screening
processes from the Notification of Coverage Forms and created a
separate document, ``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.'') Responses to
individual comments are set forth in Section 2.4 of the RTC Document.
---------------------------------------------------------------------------

\35\ In some cases, the EPA may delegate to an Indian tribe the
authority to assist the EPA with administration of the Federal
Indian Country Minor NSR rule (including the permits by rule).
However, even where such a delegation occurs, the EPA will retain
responsibility for providing notification to sources that the listed
species and historic property processes have been satisfactorily
addressed.
---------------------------------------------------------------------------

One commenter expressed support for requiring applicants to meet
the screening requirements for protected resources. We note that the
EPA has revised terminology in the screening procedures for the
protected resource screening procedures to provide greater clarity, but
has otherwise largely retained the proposed procedures. One commenter
asked if the EPA will be including the endangered species and historic
preservation requirements in all air permitting actions. At this time,
the EPA is only requiring sources to complete threatened and endangered
species and historic property screening procedures in order to obtain
coverage under the general permits and permits by rule being finalized
in this action. Any issues related to other air permitting action not
included by this final action are beyond the scope of this action.
One commenter inquired if the threatened and endangered species
clause (i.e., the ESA) is also included in the title V permits. This
rulemaking action is not within the scope of the title V permit program
(i.e., sources in Indian country that are defined as major sources or
otherwise required to obtain operating permits under 40 CFR part 71);
thus, the comment is outside the scope of this action. One commenter
requested clarification on which geographic areas the ESA ``action
areas'' would encompass. For purposes of the listed species screening
procedures, the EPA uses the definition of the term ``action area''
found in 50 CFR 402.02 of the ESA regulations; however, we have added
additional information in the

[[Page 25079]]

screening process to further explain considerations in determining the
action area.
Multiple commenters expressed concerns about the ability of permit
applicants to meet the time, expertise, and cost burdens associated
with complying with the listed species and historic property screening
requirements. The EPA understands that satisfactorily addressing the
screening procedures for threatened and endangered species and historic
properties will impose some burden on sources seeking permits. However,
we have attempted to streamline the screening processes in order to
minimize the effort needed to complete them. For example, both sets of
procedures have been clarified to make more explicit that sources can
rely on prior assessments performed by other federal agencies to
satisfy the procedures.
One commenter believes that it is not appropriate for the EPA to
use a process to demonstrate compliance with the ESA and NHPA that is
modeled after the National Pollutant Discharge Elimination System
(NPDES) general permit for Stormwater Discharge from Construction
Activities. The commenter requested that the EPA defer the regulation
of ESA and NHPA to Federal Land Management Agencies (FLMs). The EPA
believes that the screening procedures included in the general permits
and permits by rule are appropriate means to ensure proper review of
possible effects on threatened and endangered species and historic
properties as sources seek coverage under the permits. Where available,
and to avoid duplication of efforts, we believe it is appropriate for
facilities seeking to be covered under the general permits or permits
by rule to use listed species and historic property assessments,
analyses, and outcomes obtained through the FLMs' separate compliance
with the ESA and NHPA in connection with their own actions to satisfy
the relevant screening procedures of the minor NSR general permits and
permits by rule. For the permits by rule, we have modified the
protected resource procedures in Appendix A of the document titled
``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'' to clarify that this approach is
the first consideration in the screening process. For the general
permits, we have made the same change to the protected resource
procedures that are attached to the Request for Coverage Forms.
One commenter stated that, because no regulatory text has been
provided with respect to the EPA's proposed approach to addressing ESA
and NHPA requirements, it is impossible to fully evaluate the EPA's
proposal. The commenter also noted that the EPA's ESA/NHPA approach
poses a number of potentially significant problems: (a) The proposed
rule does not expressly address whether this rulemaking action is
itself subject to the ESA and NHPA; (b) the process the EPA identifies
for ensuring compliance with the ESA and NHPA involves requiring
applicants to interface with the agencies responsible for guiding
implementation of the ESA and NHPA in the absence of any procedure
governing that interaction; (c) there are no clear timeframes for these
agencies to respond to an applicant's request for coordination; and (d)
the legal consequences of certifying compliance with the ESA and NHPA
are undefined. This commenter also noted that the process does not
acknowledge the importance of the EPA's role in compliance with the ESA
and NHPA, stating that the no effect determination, or any obligation
to undertake consultation with other federal agencies, is the EPA's
responsibility and that the EPA should not defer to the opinions of
other agencies.
The EPA notes that it is the issuance of the general permit or
permit by rule that triggers any ESA/NHPA requirement, not the separate
coverages of individual sources. To address these requirements, the EPA
has established the listed species and historic properties screening
procedures via this action to provide an effective means of identifying
and addressing any impacts on the protected resources as sources seek
coverage. We note that sources must demonstrate satisfactory completion
of the screening procedures and that this demonstration must form part
of the legal basis that the source is eligible for coverage under the
general permit or permit by rule. To provide an opportunity for the
public to review these screening procedures, all of the five proposed
general permits and associated implementation tools were made available
in the docket for review and comment. The applications for each draft
general permit contain appendices (Appendix A for listed species and
Appendix B for historic properties) with the detailed screening
procedures that an applicant will follow to assess the potential
impacts of their source as it pertains to the relevant protected
resources. We specifically requested comment on these general permits
and implementation tools and believe that our process provided an
appropriate opportunity for public involvement.
One commenter recommended that the EPA should include a
determination expressly finding that the minor sources on tribal lands
subject to the Federal Indian Country Minor NSR rule will have no
effect on any species listed under the ESA, nor any potential effects
on resources protected by the NHPA in the final permit. This commenter
stated that the use of the term ``significant risk'' (``. . . based on
the evaluation of available information, that the sources that are the
subject of this proposal are unlikely to present a significant risk to
listed species and critical habitat and to historic properties . . .'')
confuses the issue, as that term is not the relevant standard under the
ESA or NHPA for determining whether regulatory requirements pursuant to
those statutes apply. The commenter believes that the EPA should
instead conclude that minor sources on tribal lands subject to the
Federal Indian Country Minor NSR rule are likely to have ``no effect''
on any listed species or critical habitat, and no potential to affect
historic properties.
The EPA does not believe that a single determination for all new
sources in Indian country that may be covered under a general permit or
permit by rule would be appropriate. To ensure that appropriate
consideration of any potential impacts on listed species or historic
properties occurs, we believe a level of site-specific assessment is
needed, primarily for the purpose of investigating potential land
disturbance activities but also to address any other potential impacts.
We believe the source screening procedures contained in the Request for
Coverage Forms for general permits and ``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'' for permits by rule are the most efficient way to
make those determinations.

C. Use of Streamlined General Permit Applications

1. Proposed Rule
In the proposed rule, we sought comment on the appropriateness of
utilizing permits by rule for three source categories as an alternative
to general permits: auto body repair and miscellaneous surface coating
operations, GDFs, and petroleum dry cleaning facilities. We
specifically requested comment on the permit by rule notification
procedures.

[[Page 25080]]

2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received regarding the appropriateness of utilizing permits by rule and
streamlined notification forms, and our responses. (Since we are not
issuing general permits for the three source categories, we will not be
issuing any general permit applications for those categories.)
Responses to comments on the use of streamlined notification forms for
the permits by rule in today's action can be found in Section 4.0 of
the RTC Document.
Several commenters provided support for EPA's proposed use of
streamlined permit applications for permits by rule. Some commenters
noted that several states and local reviewing authorities use permits
by rule to authorize construction of minor sources and that the EPA has
approved several state or local permits by rule in State Implementation
Plans. Three commenters asserted that the use of permits by rule would
expedite the permitting process and reduce administrative burdens and
costs for permitting agencies and/or operators. Four commenters opposed
the use of permits by rule for the three source categories. One
commenter also opposed the use of permits by rule for any future source
categories that the EPA may propose. One of these commenters stated
that a lack of notification could result in a permittee missing out on
critical permitting steps. The commenter also asked how the EPA or a
tribe would be able to review and confirm that a facility is providing
the correct information. The commenter asserted that this scenario is
no different than the process before the Federal Indian Country Minor
NSR rule.
The EPA believes that the use of permits by rule is appropriate for
the three source categories. Permits by rule provide a streamlined
approach that (a) reduces the time permitting authorities must devote
to reviewing permit applications and issuing permits, (b) protects air
quality by controlling emissions-generating activities that pose little
environmental concern and (c) simplifies the permitting process for
sources that pose little environmental concern. The EPA has attempted
to balance air quality concerns in Indian country with the resource and
workload needs of reviewing authorities. The issuance of general
permits for these facilities as compared to covering them with a permit
by rule would greatly add to the workload of the reviewing authority
without providing greater benefits to air quality. Given the relative
simplicity and generally lower emissions of these sources, we have
determined that we do not need to conduct a case-specific review to
evaluate whether an individual source qualifies for the permit, and we
are comfortable requiring only a streamlined notification form from
these sources. Because we will need to continue to balance the workload
and resource needs of the reviewing authority with the need to protect
air quality, we do not agree with the comment that permits by rule
should not be used for any future source categories. We note that the
permit by rule notifications do not ask for detailed source information
because these source categories reflect facilities that are
straightforward in their configuration and emissions (they are
primarily VOC emission sources), and do not require detailed review or
confirmation of the information.

D. Administrative Aspects of General Permits

1. Proposed Rule
The EPA requested comment on the administrative aspects of general
permits. Specifically, among other areas, we requested comment on two
issues:
(a) Whether the EPA's proposed approach of incorporating by
reference each reviewing authority's approval of a Request for Coverage
into the general permit is necessary and appropriate; and
(b) The appropriateness of draft permit terms related to the
reviewing authority's ability to reopen, revise, or terminate an
individual approval of coverage under the general permit.
2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received related to administrative procedures for permit issuance and
obtaining coverage under a general permit and permit by rule. Responses
to these comments are also addressed in Sections 1.2 and 1.3 of the RTC
Document. In this final action, we are providing responses to issues
raised in comments, but we have concluded that those comments do not
necessitate any substantive changes to the administrative aspects of
the permits.
One commenter disagreed with the EPA's proposed procedure for
amending general permits, noting that the provision is overly broad and
inconsistent with the procedures for amending source-specific permits.
This commenter recommends that the EPA treat sources covered by general
permits (or permits by rule) in the same manner as facilities covered
by source-specific permits.
The EPA's procedure for issuing general permits is governed by 40
CFR 49.156, and the EPA interprets the Federal Indian Country Minor NSR
rule to require the provision in 40 CFR 49.156 to be used anytime a
general permit is revised (amended). In the proposal (79 FR 2546), the
EPA clarified that although a general permit may be revised in the
future, we do not intend to use the revision process to subject
existing sources already covered by a general permit to new control
requirements, unless and until they modify. This process is consistent
with how site-specific permits are revised.
A few commenters expressed concern on how the Federal Indian
Country Minor NSR rule would address permitting a source that could
cause or contribute to a NAAQS violation or a PSD increment violation.
Commenters also objected to the EPA's stated preference for general
permits, noting that the proposed rule does not address the fundamental
problem of a lack of staff at local agencies to process these new
regulatory requirements, and recommended that the EPA include a
staffing plan and the funding to support it, or use permits by rule
instead. Commenters noted that the EPA's ability to terminate a permit
for ``cause'' would create uncertainty, and puts tribally owned
companies at risk. The EPA believes that the ability to deny coverage
is necessary to prevent exceedances of the NAAQS due to cumulative
increases in emissions. The EPA recommends that tribes planning to
construct tribally-owned facilities work with the specific reviewing
authority in their area to address these concerns. The general permit
program will help alleviate any potential backlog in the issuance of
minor source permits to sources that would otherwise require site-
specific permits, allowing limited agency resources to be focused on
more complicated sources that require more in-depth review. The
conditions under which a permit can be terminated for cause are defined
in each general permit; therefore, the situations for which coverage
under a general permit would be terminated are fairly specific.
One commenter pointed out that the proposed rule did not include
specific regulatory language for any of the proposed permits by rule.
This commenter argued that the lack of regulatory text prevented full
and complete public review and comment on the proposed rule. The
commenter asked that the EPA provide regulatory text and a full
explanation of the permit

[[Page 25081]]

by rule approach before finalizing the rule. The EPA did not provide
specific regulatory language for any of the proposed permits by rule,
but rather proposed to codify the requirements of the proposed general
permits of the specified source category. For the permits by rule in
this final action, we are codifying the requirements as contained in
the draft general permit for the three source categories, including
changes that we have identified are appropriate based on our review of
public comments. We believe that the proposed general permits have
provided the public with a sufficient understanding of the contents of
the final rule, and, therefore, satisfy our obligations under section
301(a) of the CAA.

E. Control Technology Review

1. Proposed Rule
In the proposal, we requested comment on the EPA's conclusion,
based on its control technology review, that the control measures in
the draft general permits are currently used by other similar sources
in other areas of the country and that the measures in the draft
permits are, therefore, technically and economically feasible and cost-
effective.
2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received and our responses. Responses to these comments are also
addressed in Section 2.2 of the RTC Document. The EPA is largely
retaining the basic approach to the control technology review outlined
in the January 14, 2014, proposal.
A few commenters expressed concern with the EPA's decision to apply
local control requirements on a nationwide basis. They stated that this
might lead to a competitive advantage or disadvantage for sources
locating in Indian country and tribes could lose revenue as a result.
Commenters recommended that the EPA issue regional permits, and that
the control requirements for each region should be based on the rules
and regulations in adjacent areas, and on the nonattainment status of
the area. The EPA addressed the challenge of developing a single
general permit for use across a broad range of Indian country by
evaluating national EPA standards, as well as state and some local
standards currently in place, and then adopting requirements we feel
are appropriate and that reflect commonly used standards.

F. Use of Throughput Limits

1. Proposed Rule
The Federal Indian Country Minor NSR rule requires the reviewing
authority to establish annual allowable emission limitations for each
affected emissions unit and for each NSR regulated pollutant emitted by
the unit, if the unit is issued an enforceable limitation lower than
the PTE of that unit. See 40 CFR 49.155(a)(2). The EPA included
throughput, fuel usage, and materials usage limitations and compliance
monitoring requirements in the proposed general permits and permits by
rule as a means for limiting emissions and demonstrating compliance
with those limits. For the five source categories that are the subject
of this action, some states (but not all) provide both annual ton per
year allowable emission limitations and throughput limits in their
general permits. Other state reviewing authorities provide only overall
production limits that limit the amount of throughput a facility can
process over a period of time. We requested comment on the use of
throughput limits as a surrogate for ton-per-year allowable emission
limitations, or, alternatively, establishment of annual allowable
emission limitations for each pollutant, and the use of throughput
limits as surrogate monitoring measures to demonstrate compliance with
ton-per-year annual allowable emission limitations.
2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received and our responses. Responses to all comments regarding this
issue are set forth in Section 2.3 of the RTC Document. In our final
action, we are retaining throughput limits; however, in response to
comments we received, we are making adjustments to the throughput
limits for the general permits for HMA plants and SQCS facilities. We
believe these adjustments are appropriate for three reasons:
They provide monthly throughput limitations to reflect the
fact that HMA plants and SQCS facilities relocate often (see Section
IV.A. Permit Documents and Implementation Tools);
They provide co-located throughput limits to reflect the
fact that these facilities are often sited together (see Section IV.K.
Use of More Than One General Permit and/or Permit by Rule for a Source
at a Single Location); and
They ensure a margin of safety between a source's
permitted throughput limit and the major source thresholds for
synthetic minor sources since the general permits for these two source
categories are written for use by both true minor and synthetic minor
sources (see Section IV.I. Use of General Permits and Permits by Rule
to Create Synthetic Minor Sources).
We are also adding a throughput limit to the GDF permit by rule for
marginal and moderate ozone nonattainment areas.
The EPA received comments on the use of throughput limitations for
HMA and SQCS facilities. A few commenters agreed with the throughput
production limits and fuel-type and usage limits stated in the draft
permits for HMA plants and SQCS facilities and believe that the
emission limitations based on those factors are reasonable. One
commenter asserted that the inclusion of different throughput limits in
general permits for attainment versus nonattainment areas is
unnecessary because each such nonattainment area will have a
nonattainment state implementation plan (SIP) that, by definition, will
include measures adequate to achieve attainment. The EPA disagrees that
the existence of nonattainment SIPs renders the inclusion of
nonattainment-area specific emission limitations unnecessary. A state's
SIP may or may not account for activities in Indian country and the
state may lack authority to implement or enforce the SIP there.\36\ As
a result, the EPA believes that establishing different throughput
limits for nonattainment areas is necessary to help move such areas
toward attainment.
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\36\ In Oklahoma Dept. of Environmental Quality v. EPA, 740
F.3rd 185 (D.C. Cir. 2014), the U.S. Court of Appeals for the
District of Columbia Circuit held that the state, not tribes or the
EPA, has initial primary responsibility for implementation plans
under Clean Air Act section 110 in non-reservation areas of Indian
country (i.e., dependent Indian communities and Indian allotments)
in the absence of a demonstration of tribal jurisdiction by the EPA
or a tribe. However, SIPs generally do not apply in reservations,
including informal reservations or trust lands, and these areas are
believed to comprise the bulk of Indian country.
---------------------------------------------------------------------------

Several commenters supported the use of throughput limits noting
that monitoring throughput limits, hours of operation and production
are more efficient and cost-effective methods for minor sources to
demonstrate their compliance. A few commenters advocated that sources
be allowed flexibility in demonstrating compliance, including using
alternative methods to a throughput limit so that facility capacity is
not unnecessarily constrained. A few commenters requested that the
General Permit also include clearly defined, enforceable, annual
allowable emission limits.

[[Page 25082]]

The EPA notes that these types of permit terms and conditions are
commonly found in state general permits and permits by rule.
Throughput, materials usage, and hours of operation are easy to track.
As a result, limitations on throughput, materials usage and hours of
operation are less burdensome than requiring sources to determine
emissions on a regular basis in order to demonstrate compliance with an
emission limit. If a source feels an alternative limit or compliance
monitoring method is more compatible with their operational procedures,
they may apply for a source-specific permit to have such criteria
considered.

G. Setback Requirements

1. Proposed Rule
For HMA plants and SQCS facilities, we included permit provisions
regarding the location of the emitting activities relative to the
source property boundary. We call these provisions, which are designed
to minimize the near-field impacts of emissions, setback requirements.
Under the proposed setback requirement, sources could not locate within
a specific distance of the property boundary and nearest residences. We
proposed that these provisions seemed both reasonable and prudent
measures to protect local air quality and are economically feasible and
cost effective.
We invited comments to identify other source categories for which
setback requirements should apply. We also welcomed comments on the
types of buildings from which we should establish setbacks (e.g.,
schools, nursing homes). Lastly, we further requested comment on
whether the setback requirements conflict with tribal authority over
zoning-related matters, and, if so, on how we should resolve that
conflict.
2. Final Action, Comments and Responses
One commenter recommended that the EPA add a setback requirement to
the HMA permit similar to the one included in the proposed SQCS
facilities permit. Another commenter noted that the setback
requirements may be difficult for existing sources to meet if the
source is modified. Due to the lack of an EPA analysis demonstrating
the air quality benefits of requiring setbacks, we lack sufficient
information to incorporate them in the final general permits for HMA
plants and SQCS facilities. Therefore, the final general permits for
HMA plants and SQCS facilities do not contain setback provisions.
Nonetheless, the reviewing authority retains the discretion to deny the
granting of source coverage under the general permits based on local
air quality concerns. The many comments the EPA received on its
inclusion of setback requirements in the SQCS and HMA permits, and our
responses to those comments, are found in Sections 3.2.1.1, 3.2.1.2,
3.2.4.1, 3.3.4, and 4.2.1 of the RTC Document.

H. Permit by Rule Regulatory Framework

1. Proposed Rule
We proposed to codify a nationally applicable permit by rule for
source categories or emissions generating activities for which we have
determined that the permit by rule mechanism would offer permit
streamlining benefits, while at the same time protecting air quality,
into a new section of the Federal Indian Country Minor NSR rule. As
proposed, permits by rule would be used to address source categories of
true minor sources, where the reviewing authority does not need to
conduct an in-depth review to evaluate whether an individual source
meets all of the requirements in the permit. A permit by rule may be
issued for a category of emissions units or sources that are similar in
nature, have substantially similar emissions and would be subject to
the same or substantially similar requirements governing operations,
emissions, monitoring, reporting and recordkeeping. ``Similar in
nature'' refers to size, processes and operating conditions. We
requested comment on all aspects of the streamlined permit by rule
approach.
2. Final Action, Comments and Responses
This section provides a brief summary of significant comments
received. In our final action, we are codifying nationally applicable
permits by rule for three source categories: GDFs, auto body repair and
miscellaneous surface coating operations, and petroleum dry cleaning
facilities. Overall, as described in greater detail below, we are
making two significant changes to the process or framework we proposed
in January 14, 2014. First, we are requiring that sources obtain
advance, written confirmation from the EPA that the screening
procedures have been completed correctly for threatened and endangered
species and historic properties. To provide clarification, we have
created a new document, ``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,''
that sources will need to use prior to submitting a Notification of
Coverage Form. Second, we are making clear the process citizens will
need to follow to appeal a source's coverage under a permit by rule.
Under these three permits by rule, individual sources eligible for
coverage will be subject to the operational, monitoring and
recordkeeping requirements specified in the relevant rule. In this
action, in addition to promulgating the three permits by rule, we are
amending the Indian Country Minor NSR rule general permit provisions at
40 CFR 49.156 to set forth the unique elements of the permits by rule
process. The permits by rule program establishes a more streamlined
notification of coverage process that allows an individual applicant to
notify the reviewing authority that it meets the eligibility criteria
for the permit and the permit conditions. The source will complete the
Notification of Coverage Form and submit copies of the form to both the
reviewing authority and the appropriate tribal entity to satisfy the
registration requirement at 40 CFR 49.160(c)(1)(iii). A copy of the
completed form must be kept onsite and made available upon request.
This ``notification'' process streamlines permitting for eligible
sources and makes it easier for the reviewing authority to implement
the permit by rule program compared to traditional site-specific
permits and standard general permits.
A permit by rule must be issued according to the applicable
requirements in Sec. Sec. 49.154(c), 49.154(d) and 49.155. A source
category permit by rule must include the permit elements listed in
Sec. 49.155(a). The reviewing authority will determine which
categories of true minor sources are appropriate for coverage under a
permit by rule. Permits by rule will be issued at the discretion of the
reviewing authority. Issuance of a permit by rule is considered final
agency action with respect to all aspects of the permit by rule except
its applicability to an individual source.
Prior to submitting the Notification of Coverage Form to the
reviewing authority, a source must demonstrate to the EPA that the
endangered or threatened species and historic property screening
procedures set forth in the procedures document \37\ provided for

[[Page 25083]]

that purpose for the permits by rule have been satisfactorily
completed. The source must submit documentation of the endangered or
threatened species and historic property screening evaluations to the
EPA (and the tribe in the area in which the source is located/locating)
for review prior to submitting the completed Notification of Coverage
Form and obtaining coverage under a permit by rule. Thirty days after
receipt of the documentation, the EPA must notify the source by letter
of one of two possible outcomes: (a) The documentation is satisfactory
(i.e., the listed species and historic property screening procedures
have been completed properly); or (b) the documentation is not adequate
and additional information/evaluation is needed. If the initial
submittal is deemed deficient, the EPA will identify any deficiencies
and may offer further direction on completing the screening
process(es). Once the source has addressed the noted deficiencies it
must resubmit its updated screening procedure documentation to the EPA
for review. The source must obtain written confirmation from the EPA
indicating that it has adequately documented that the screening
procedures have been properly completed before it can submit its
Notification of Coverage Form.
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\37\ The processes are contained in the following document:
``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,'' https://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

If the source qualifies for a permit by rule and intends to notify
the reviewing authority that it is covered under the rule, the source
may submit its Notification of Coverage Form upon the effective date of
the permit by rule, generally 60 days after publication of the permit
by rule in the Federal Register. Pursuant to the registration
requirement of Sec. 49.160(c)(1)(iii), the source must submit a
completed Notification of Coverage Form to the reviewing authority. The
Notification of Coverage Forms are available online at https://www.epa.gov/air/tribal/tribalnsr.html or at: Docket ID No. EPA-HQ-OAR-
2011-0151. The source must also submit a copy of the completed
Notification of Coverage Form to the tribe in whose area of Indian
country the source is locating or expanding.
Upon receiving the Notification of Coverage Form, the EPA must post
the notification on its Web site. The posting of the notification form
is considered final agency action with respect to its applicability to
an individual source. The sole issue that may be appealed after an
individual source is covered under a permit by rule is the
applicability of the permit by rule to that particular source. Appeals
must be made to the U.S. Court of Appeals within 60 days of EPA's
action. The EPA is promulgating this process as a separate regulation
from 40 CFR 49.159 to provide a process for permits by rule that is
streamlined compared to the two-step process provided in 40 CFR 49.159
for general permits.
The source must comply with all terms and conditions of the permit
by rule. The source will be subject to enforcement action for failure
to obtain a preconstruction permit if the emissions unit(s) or source
is constructed under coverage of a permit by rule and the source is
later determined not to qualify under the terms and conditions of the
permit by rule.
Coverage under a permit by rule becomes invalid if construction is
not commenced within 18 months after the date of the posting of the
completed Notification of Coverage Form under a source category permit
by rule, if construction is discontinued for a period of 18 months or
more, or if construction is not completed within a reasonable time. The
reviewing authority may extend the 18-month period upon a satisfactory
showing that an extension is justified. This provision does not apply
to the time period between construction of the approved phases of a
phased construction project; construction of each such phase must
commence within 18 months of the projected and approved commencement
date. Any source category covered by a permit by rule may also instead
apply for a source-specific permit under 40 CFR 49.154.
The EPA received many comments on the regulatory framework proposed
for establishing permits by rule. Summaries of all of these comments,
and the EPA's responses, are found in Section 4.1 of the RTC Document.
Many of these commenters supported the EPA's proposed use of permits by
rule for GDFs, auto body repair and miscellaneous surface coating, and
petroleum dry cleaning facilities, stating that a permit by rule is
appropriate for these types of sources and that several states already
use permits by rule for these source categories. A few commenters
asserted that the use of permit by rule would expedite the permitting
process, reduce administrative burdens and costs for permitting
agencies, and allow the EPA to more efficiently manage minor sources.
Two commenters expressed concerns about whether the EPA has the
resources to process general permits in a timely manner, referenced
issues experienced by the EPA Region 8 office when the synthetic minor
source permitting program for that region became effective, and pointed
to the Fort Berthold Indian Reservation FIP \38\ used in that region as
a model for EPA's minor source permitting. Two commenters asserted that
the permit by rule approach provides sufficient opportunities for
public input, as well as retaining the public's right to judicial
review of any source's receipt of coverage under a permit by rule. One
commenter recommended that the requirement for certification of
compliance be retained in the final rule, and that the applicant be
required to mail a copy of the application to the reviewing authority
for the reviewing authority's records. A few commenters opposed use of
permits by rule for these three source types, stating that the process
does not allow for public notice and comment. Two commenters stated
that a facility may not be aware of all aspects of the permitting
process they must meet to comply. One commenter noted that neither the
EPA nor the tribe would be able to review and confirm that a facility
is providing the correct information.
---------------------------------------------------------------------------

\38\ ``Approval and Promulgation of Federal Implementation Plan
for Oil and Natural Gas Well Production Facilities; Fort Berthold
Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North
Dakota,'' U.S. Environmental Protection Agency, 78 FR 17836, March
22, 2013, https://www.gpo.gov/fdsys/pkg/FR-2013-03-22/pdf/2013-05666.pdf.
---------------------------------------------------------------------------

After carefully considering all of the comments on these issues,
the EPA concludes that permits by rule are appropriate for the
following three source categories and is, therefore, finalizing them:
GDFs, auto body repair and miscellaneous surface coating operations,
and petroleum dry cleaning facilities. In doing this, the EPA addresses
the goal of protecting air quality, while reducing workloads of
reviewing authorities and minimizing delays associated with the
permitting process by providing a streamlined approach for permitting
construction of less complex minor sources that have the simplest
compliance requirements.
The EPA disagrees with those commenters opposing the use of permits
by rule. These three source types are relatively straightforward
sources (compared to HMA plants and SQCS facilities), have similar
operations and can be adequately controlled with a single set of
control requirements without the need for additional reviewing
authority evaluation or further public notice. Requiring these
facilities to seek coverage under a general permit would add to the
workload of the reviewing authority

[[Page 25084]]

without providing substantial benefits to air quality since a general
permit would be unlikely to impose any additional substantive
requirements. Since we are establishing the permit by rule through
notice and comment rulemaking, the public has had an adequate
opportunity to comment on the proposed rule and the provisions of the
permits by rule for the three source categories. The public retains the
opportunity for judicial review on the issue of whether the source
should be able to gain coverage under the permit by rule. Regarding the
concern that a facility may not be aware of all aspects of the
permitting process, the EPA has developed multiple implementation tools
and documents to provide facilities with the information necessary to
understand the permitting process, assist facilities in navigating the
permitting process and help to ensure that a facility meets critical
permitting requirements. The EPA is adding the requirement to submit a
copy of the Notification of Coverage Form to the relevant tribal
government office when notifying the reviewing authority in order to
ensure that the tribal government is aware of new facilities. The EPA
is also clarifying that under 40 CFR 49.160(c)(1)(iii), minor source
applicants \39\ (other than sources in the oil and natural gas sector)
that must register with the EPA beginning on September 2, 2014, will do
so by providing a copy of their minor source permit Notification of
Coverage Form.
---------------------------------------------------------------------------

\39\ The language of 40 CFR 49.160(c)(1)(iii) refers
specifically to ``applications.'' Eligible sources that have decided
to be covered by a permit by rule are not required to submit
applications. They are required to submit ``notification'' forms to
the reviewing authority that they are electing to be covered under a
permit by rule. Submittal of the Notification of Coverage Form to
the reviewing authority satisfies the registration requirement.
---------------------------------------------------------------------------

One commenter argued that the use of permits by rule would
effectively mean that sources exceeding the minor source permit
threshold are exempt from a permit. Another commenter asserted that
permits by rule are not appropriate for either true minor or synthetic
minor sources. The commenter also stated that it is difficult to
enforce against a source that has constructed in violation of the
``permit by rule'' requirements. The EPA disagrees. Permits by rule are
only available to true minor sources. As with source-specific permits
and general permits, the permit by rule contains a set of enforceable
terms and conditions that will ensure that facilities remain true minor
sources. Facilities that cannot meet the throughput limitations or
emission controls in the permits by rule would not be eligible for
coverage. Facilities must submit a Notification of Coverage Form
certifying that the facility will comply with all of the terms and
conditions in the relevant permit by rule. Each permit by rule contains
clear, enforceable terms and conditions such that noncompliance can
quickly be identified. If a source operates in violation of the terms
in a permit by rule for which the owner/operator has submitted a
completed Notification of Coverage Form, the reviewing authority can
revoke coverage under the permit by rule and the owner/operator may be
subject to an enforcement action for failing to obtain a permit prior
to commencing construction.
One commenter pointed out that the proposed rule did not include
``specific regulatory language'' for any of the proposed permits by
rule, and argued that the lack of regulatory text prevented full and
complete public review and comment on the proposed rule. As discussed
in Section VIII (Proposed Permits by Rule) of the preamble to the
proposed rule, rather than proposing separate, specific regulatory
language for any of the proposed permits by rule, we proposed a general
approach to issuing permits by rule and to codify the requirements of
the draft general permits for the specified source category. Therefore,
EPA did effectively propose specific regulatory language for each
proposed permit by rule.

I. Use of General Permits and Permits by Rule To Create Synthetic Minor
Sources

1. Proposed Rule
We proposed to allow a source to use coverage under general
permits, including the permits by rule mechanism, to establish
federally enforceable emission limitations that can restrict operations
of an otherwise major source, such that the source qualifies as a
synthetic minor source. We requested comment on all aspects of using
general permits and permits by rule to create synthetic minor sources
generally and with respect to the five source categories in the
proposed rule. We requested specific comment on whether:
Any regulatory changes in the permits being proposed would
be necessary to implement this change in policy;
A source should be allowed to qualify to use a general
permit or permit by rule to become a synthetic minor source, and then
subsequently use a general permit or permit by rule to authorize
construction or modification activities;
Both regulatory purposes can be achieved in a single
general permit/permit by rule;
Permits by rule are an appropriate type of permit for
creating synthetic minor sources, given that the permit notification
does not provide an opportunity for public input on the coverage of a
particular source by a permit by rule;
Any specific changes that would need to be made to the
general permits to include provisions for creating synthetic minor
permits for these source categories;
Any specific changes that would need to be made in the
production limits of each permit to properly regulate synthetic minor
sources for these categories; and
Permit conditions include sufficient monitoring,
recordkeeping and reporting provisions to: (a) Assure continuous
compliance; and (b) lower the emissions potential to that of a true
minor source.
2. Final Action, Comments and Responses
In our final action, we have modified the EPA's policy on the use
of general permits to create synthetic minor sources and are allowing
the use of general permits to create synthetic minor sources. We have
further concluded that it is not appropriate to allow the use of
permits by rule to create synthetic minor sources. Consistent with EPA
guidance,\40\ we have set the throughput limits in the HMA and SQCS
general permits at levels sufficiently low to ensure a margin of safety
between a source's permitted throughput limit (and corresponding
emissions) and the major source thresholds, since the general permits
for these two source categories are written for use by both true minor
and synthetic minor sources (see Section IV.F. Use of Throughput
Limits).
---------------------------------------------------------------------------

\40\ See the following memos available in the docket (ID No.
EPA-HQ-OAR-2011-0151): ``Guidance on Limiting the Potential to Emit
in New Source Permitting,'' from Terrell E. Hunt, Associate
Enforcement Counsel, Office of Enforcement and Compliance Monitoring
and John S. Seitz, Director, Office of Air Quality Planning and
Standards, to EPA Regional Counsels, 1-10, et al, June 13, 1989,
https://www.epa.gov/ttn/atw/pte/june13_89.pdf; and ``Options for
Limiting the Potential to Emit (PTE) of a Stationary Source Under
Section 112 and Title V of the Clean Air Act (Act),'' from John S.
Seitz, Director, Office of Air Quality Planning and Standards, and
Robert I. Van Heuvelen, Director, Office of Regulatory Enforcement,
to Air Division Directors, EPA Regions 1-10, January 25, 1995,
https://www.epa.gov/region7/air/title5/t5memos/ptememo.pdf.
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The EPA received numerous comments regarding the use of general

[[Page 25085]]

permits and specific regulatory changes to the draft permits for each
source category to address synthetic minor sources. A summary of all of
these comments, and the EPA's responses, are found in Sections 5.1 and
5.3 of the RTC Document.
Many commenters supported the use of general permits or permits by
rule to create synthetic minor sources. A few commenters agreed that
major sources should be able to take advantage of this streamlined
permitting process, noted that this process would provide an incentive
for sources that would otherwise be considered a major source to
voluntarily reduce emissions, and that these general permits will
satisfy the air quality standards set by the NSR program. As noted, the
EPA is not finalizing the use of a permit by rule to create synthetic
minor sources, but will allow the use of a general permit for that
purpose. Because we are finalizing general permits in this action for
only two source categories (HMA plants and SQCS facilities), only
general permits for these two source categories can be used to create
synthetic minor sources.
Several commenters stated that the use of general permits to
establish federally enforceable emissions limits will ensure that
emissions from synthetic minor sources are appropriately restricted.
The commenters further stated that this would result in efficiency for
both operators and regulatory agencies, while leading to improved
health and welfare in Indian country. A few commenters requested that
the EPA provide more discussion regarding the technical process for
developing a general permit, and asked how the EPA plans to address
compliance with the one-hour and annual NO2 NAAQS. The EPA
agrees that the use of general permits to establish federally
enforceable limits on PTE will ensure that emissions from synthetic
minor sources are appropriately restricted. The EPA has revised the
throughput limits and fuel use limits in the HMA and SQCS general
permits to keep covered sources' emissions below the NSR major source
thresholds, with an adequate margin to account for uncertainties of
measurement, emissions from unpermitted activities, variability in
emission rates, and excess emissions during startup, shutdown, or
malfunction.\41\ We agree with commenters that, if appropriately
restricted and monitored, synthetic minor sources covered by a general
permit would not pose an environmental concern and would have emissions
similar to sources subject to a source-specific permit.
---------------------------------------------------------------------------

\41\ The throughput limits for the permits by rule being
promulgated today are also set at levels to keep covered sources'
emissions below the NSR major source thresholds. However, because
the permit by rule cannot be used to create synthetic minor sources,
it is not necessary to lower the throughput limits for the three
source categories to reflect an added margin to account for
uncertainties of measurement, emissions from unpermitted activities,
variability in emission rates, and excess emissions during startup,
shutdown, or malfunction.
---------------------------------------------------------------------------

With respect to the NO2 NAAQS, EPA conducted a control
technology review that is discussed in the proposed rule (See Section
V. Source Categories for Which Draft General Permits in Indian Country
are Available for Public Review). The EPA believes that the final
permits we are issuing and promulgating today are appropriately
protective of the NAAQS (see Section IV.E. Control Technology Review).
However, we reserve the ability to deny coverage under a general permit
based on concerns we may have about the state of air quality in the
area where a source is seeking to locate or modify, and the potential
impacts of an individual source in that area.
A few commenters reiterated that case-by-case permitting
determinations for source types where equipment and operations do not
differ significantly from source to source is unnecessary. One
commenter noted that state programs have used general permits and
permits by rule to authorize synthetic minor sources, and that these
permitting programs afford permittees consistency, predictability, and
efficiency, while reducing the administrative burden on the permitting
authority and allowing permittees of similar sites to operate on a
level playing field. A few commenters pointed to the Fort Berthold FIP
as an example of the successful use of general permits or permits by
rule for synthetic minor permits, also noting that the requirements of
the Fort Berthold FIP were consistent with the requirements of the
North Dakota SIP; thus, providing a level playing field. The EPA agrees
with commenters that the use of general permits to create synthetic
minor sources provides consistency, predictability, and efficiency, and
reduces the administrative burden on the permitting authority, while
allowing for greater scrutiny in the review of the permit application
by the reviewing authority. The EPA is not finalizing the use of
permits by rule for synthetic minor sources because permits by rule do
not provide for the same level of review and scrutiny by the reviewing
authority. They also do not provide the same level of public
participation. The EPA does not believe it is necessary to establish a
separate general permit for the specific purpose of creating synthetic
minor sources. The EPA is, therefore, providing one general permit each
for the HMA and SQCS source categories that are suitable for true minor
and synthetic minor sources. The EPA has balanced the need to provide a
level regulatory playing field with the need to protect the NAAQS.
(However, the issue does not arise for the three permit by rule source
categories in this action because the permit by rule is not a suitable
mechanism for creating synthetic minor sources.)
Several commenters provided support for the use of general permits
to create synthetic minor sources, but opposed the use of permit by
rule for this purpose, while several commenters advocated for the use
of a permit by rule for synthetic minor sources. Two commenters
asserted that no additional risk of noncompliance would result from the
use of permits by rule for synthetic minor sources, while another
commenter urged the EPA to consider using the streamlined permits for
synthetic minor sources on a case-by-case basis. The EPA has determined
that a permit by rule approach is not appropriate for creating
synthetic minor sources. We are only allowing the use of general
permits to create synthetic minor sources, which allows for greater
scrutiny in the review of the permit application by the reviewing
authority. This level of review helps to ensure that a particular
source that would otherwise be major is likely to be able to comply
with the throughput limits and emissions control requirements in the
general permit, thereby ensuring that the source's emissions will be
below the major source threshold(s). We believe that this level of
review is necessary for sources with a PTE that would otherwise be
above the major source threshold(s). Because permits by rule do not
provide for the same level of review regarding coverage, we are not
finalizing the use of permits by rule to create synthetic minor
sources.
A few commenters urged that the EPA make regulatory changes to be
more explicit and to inhibit future litigation concerning the issuance
of general permits or permits by rule for synthetic minor sources,
while other commenters urged the EPA to include more stringent
monitoring, recordkeeping and reporting requirements so that synthetic
minor sources can prove their emissions are below the major source
thresholds. A few commenters supported the EPA's suggestion to issue
synthetic minor permits only to sources with actual emissions at a
margin below the major source thresholds. This would assure

[[Page 25086]]

that synthetic minor sources do not inadvertently become major sources.
Several commenters disagreed, stating that the EPA should not require
more stringent monitoring, recordkeeping and reporting requirements for
synthetic minor sources using a general permit or permit by rule. Other
commenters stated that the EPA should not impose additional
requirements or limitations on the use of general permits or permits by
rule for synthetic minor sources. A few commenters argued that
compliance with permit limits will be required regardless of whether a
source is a true or synthetic minor source, and requested that the
general permits, implementation documents, and tools contained in the
proposed rule be amended to allow both true and synthetic minor sources
to apply for coverage. The EPA is not setting a requirement that
synthetic minor permits may only be issued to sources with actual
emissions at a margin below the major source thresholds, but we are
requiring sources to identify whether they are a synthetic minor source
in their Request for Coverage Form. In the application process,
permittees could apply for a general permit for purposes of creating a
synthetic minor source only if they meet the eligibility requirements
and are able to comply with the federally-enforceable limits
established in the general permit. Once EPA approves the Request for
Coverage, the requirements in the general permit become federally-
enforceable limits on the source's PTE. The monitoring, recordkeeping
and reporting requirements remain the same for true minor sources and
synthetic minor sources.

J. Use of Both Permitting Mechanisms for Certain Source Categories

1. Proposed Rule
The EPA requested comments on finalizing both permitting mechanisms
for a given source category by providing authorization to construct or
modify true minor sources via permits by rule and by providing
enforceable limitations to create synthetic minor sources via general
permits. We sought comment on whether this concept should be applied
differently or the same for different source categories.
2. Final Action, Comments and Responses
The EPA has decided to not make both permit types available for any
single source category largely because we have determined that none of
the five source categories would be suitable candidates for both permit
types. As proposed, the EPA is finalizing general permits for the HMA
and SQCS source categories, but is not finalizing permits by rule
because the EPA does not believe that true minor sources in these two
source categories are good candidates for permits by rule. For the
other three source categories in today's final action, the EPA is
finalizing only permits by rule because we do not believe that it is
necessary to provide general permits for these categories as the
potential impacts of emissions from sources in these categories can be
readily addressed through a permit by rule. We believe that the
majority of sources in the three source categories in this action for
which we are promulgating permits by rule are not major sources and,
therefore, would not need to seek synthetic minor status. However, any
source in these three source categories that performs a PTE analysis
and determines it is a major source can seek synthetic minor source
status through a site-specific permit.
The EPA received comments regarding finalizing both permitting
mechanisms (general permits and permits by rule) for GDFs, auto body
repair and miscellaneous surface coating operations, and petroleum dry
cleaning facilities. Summaries of all of these comments and our
responses to them are contained in Section 5.2 of the RTC Document.
While one commenter supported the establishment of both permitting
mechanisms for these three source types, several commenters opposed the
EPA's proposed ``hybrid approach'' to establishing permits by rule for
true minor sources and general permits for synthetic minor sources.
Several commenters suggested that permits by rule would work as well as
a general permit for any source category, and that the EPA should
accordingly treat true and synthetic minor sources for all source
categories in the same manner. As noted, the EPA is not adopting a
hybrid approach of establishing general permits for synthetic minor
sources and permits by rule for true minor sources. The EPA does not
anticipate that these three source types would require a synthetic
minor permit or that a hybrid approach would be necessary.

K. Use of More Than One General Permit and/or Permit by Rule for a
Source at a Single Location

1. Proposed Rule
As proposed, the intent of this minor source permitting process is
to ensure that a single stationary source gains coverage under a
general permit or permit by rule only if its PTE is below major source
emission levels. We requested comment on whether to allow a single
stationary source to gain coverage under more than one general permit
or permit by rule. We also requested comment on whether we should
categorically decline to allow coverage under more than one general
permit or permit by rule for a single stationary source, or whether the
application/notification materials offer the EPA an adequate
opportunity to verify that source-wide PTE for a stationary source is
below major source levels.
2. Final Action, Comments and Response
The EPA received comments related to the use of more than one
general permit or permit by rule for a source at a single location.
Summaries of all of these comments and our responses to them are
contained in Section 5.4 of the RTC Document. In this final action, as
discussed in detail below, we are retaining the approach in our
proposal on calculating PTE emissions for permit eligibility purposes,
and we are adjusting the throughput limits in the HMA and SQCS general
permits to accommodate cases of co-location for those two source
categories.
Several commenters supported allowing the use of more than one
general permit or permit by rule for a single source with different
types of equipment or co-located processes. One commenter asserted that
co-located sources should not be precluded from using general permits
if site-wide emissions remain below major source thresholds. A few
commenters expressed concerns with allowing a synthetic minor source to
acquire coverage under more than one general permit or permit by rule,
as it could potentially allow a source to incrementally increase
emissions and avoid major NSR preconstruction review and other
regulatory requirements. Other commenters disagreed, asserting that
there is no basis in the rulemaking record for assuming that the use of
more than one general permit or permit by rule might allow a source to
increase emissions beyond regulatory requirements. Several commenters
contended that a permit by rule for larger, more complex sources, or
synthetic minor sources would not provide for adequate review by a
reviewing authority, and suggested including a requirement to report
total emissions to prove the source is in compliance.
The EPA is finalizing its proposed policy with respect to a source
gaining coverage under multiple general permits

[[Page 25087]]

or permits by rule with modifications. Under the proposed policy, to
qualify for a general permit or permit by rule a source must sum the
PTE of its new, modified and existing units. If that sum is below major
source thresholds, the source is a true minor source and is eligible
for a true minor source general permit or permit by rule, provided it
can meet the permits' throughput limits and other terms and conditions
(even if the source is already subject to an existing general permit/
permit by rule). In this final action, we also allow the same steps for
synthetic minor sources seeking a general permit. In both cases, the
agency reserves the ability to deny a general permit for synthetic
minor sources seeking to combine new emissions with existing emissions
if the reviewing authority has concerns about local air quality
conditions.
In addition, we have modified the general permit applications for
HMA plants and SQCS facilities so as to allow those source types to co-
locate, if desired. If the applicant is seeking such co-location, the
permit contains the option to comply with alternative throughput limits
set low enough to ensure the source's emissions are below the level
that would trigger the requirement to obtain a title V permit.

L. Additional Source Categories for General Permits and/or Permits by
Rule

1. Proposed Rule
In developing the proposal, the EPA solicited input from tribal
governments and the EPA Regional Offices on which source categories
should be covered by streamlined permitting in Indian country. The
tribes and the EPA Regional Offices identified the five source
categories addressed in the proposed action because they were thought
to be common in Indian country and were good potential candidates for
streamlined permitting for several reasons: They represent categories
of emissions units or stationary sources that are similar in nature,
have substantially similar emissions, and would be subject to the same
or substantially similar permit requirements.\42\ The following source
categories were also thought to be good candidates for streamlined
permitting:
---------------------------------------------------------------------------

\42\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38770, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

Printing operations (including solvent cleaning/
degreasing);
Engines (spark and compression ignition);
Concrete batch plants;
Saw mills;
Landfill operations;
Boilers; and
Oil and gas production and operations.
We requested comment on whether the additional source categories
identified above should receive coverage by general permits or permits
by rule, including comments as to which categories are appropriate for
each type of rule. With respect to landfill operations, the EPA
specifically requested comment on whether enough landfill activity is
occurring in Indian country to warrant the development of a general
permit or permit by rule. In connection with the EPA's Municipal Solid
Waste Landfills New Source Performance Standard (40 CFR 60.750, subpart
WWW), the EPA created a database of active landfills across the U.S.
using information from the EPA's Greenhouse Gas Reporting Program,\43\
Landfill Methane Outreach Program, and Information Collection Request
Center. The database indicates there is a very small number of
landfills in Indian country. These results were compared to the source
culling that we did with the National Emissions Inventory and the lists
of sources from Regions 5 and 10, which also showed few landfills in
Indian country. Based on this information, we indicated that we were
not convinced that the resources necessary to develop a general permit
or permit by rule for landfills would be justified and requested
comment on the issue.\44\
---------------------------------------------------------------------------

\43\ For more information, go to: https://www.epa.gov/ghgreporting/.
\44\ The results of this analysis can be found at Docket ID No.
The EPA-HQ-OAR-2011-0151 and online at https://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

2. Final Action, Comment and Response
The EPA received comments related to additional source categories
for which general permits or permits by rule might be appropriate.
Summaries of all of those comments and our responses to them are
contained in Sections 6.1, 6.2, 6.3, and 6.4 of the RTC Document. The
EPA received several comments in support of the use of general permits
or permits by rule for minor sources for engines, concrete batch
plants, saw mills, boilers, printing operations, and landfills, and
only one comment in opposition. Aside from landfill operations, the
source categories discussed in this section are being addressed in
separate actions. In particular, in July 2014, the EPA proposed a
combination of general permits and permits by rule for spark ignition
engines, compression ignition engines, saw mills, graphic arts and
printing operations, boilers, and concrete batch plants, but not for
landfills.\45\ A review of the available data for landfills in Indian
country indicates that there are a limited number of these sources in
Indian country, and we do not expect this to change. As a result, we do
not think that the establishment of a general permit or permit by rule
for this source category is warranted.
---------------------------------------------------------------------------

\45\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country,'' U.S. Environmental
Protection Agency, 79 FR 41846, July 17, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014-16814.pdf.
---------------------------------------------------------------------------

The EPA received numerous comments supporting the development of
general permits or permits by rule for the oil and natural gas source
category, noting that these permits offer operators a level of
certainty regarding permitting requirements, will reduce emissions, and
will decrease regulatory burdens for sources and regulators. A few
commenters also expressed support for the use of general permits or
permits by rule for synthetic minor sources in the oil and natural gas
source category, because the facilities and emission controls do not
significantly vary from site to site. The EPA has determined that
permitting for sources in the oil and natural gas source category
should be dealt with in a separate action because of the unique
characteristics of those sources. Accordingly, in May 2014, the EPA
issued an ANPR to solicit input on potential permitting approaches to
address emissions from new, modified and existing oil and natural gas
production activities. The EPA will consider the comments received in
response to the original January 14, 2014, proposed rule concerning the
permitting of minor oil and natural gas sources in Indian country in
the action it will take as a follow up to the ANPR.

M. Final Rule Changes to the Federal Indian Country Minor NSR Rule

1. Proposed Rule
In the January 14, 2014, notice, we proposed five changes to three
separate provisions in the existing Federal Indian Country Minor NSR
rule to ensure the smooth functioning of the general permit program:
(a) Shortening the general permit application review process from
90 to 45 days for certain source categories (Sec. 49.156(e)(4));
(b) Adjusting the deadline by which minor sources covered by a
general

[[Page 25088]]

permit need to obtain a preconstruction permit (Sec.
49.151(c)(1)(iii)(B));
(c) Extending the permitting deadline for true minor sources within
the oil and gas source category (Sec. 49.151(c)(1)(iii)(B));
(d) Removing a provision to make it clear that sources may seek
coverage under a general permit as soon as it is effective and need not
wait an additional four months (Sec. 49.156(e)(1)); and
(e) Adjusting the deadline for oil and natural gas sources for
certain registration related requirements to be consistent with the
proposed permitting deadline extension (Sec. 49.160(c)(1)(ii) and
(iii)).
We proposed the first change for three source categories: GDFs,
auto body repair and miscellaneous surface coating operations, and
petroleum dry cleaning facilities.
2. Final Action, Comments and Responses
On June 16, 2014, EPA issued final amendments \46\ addressing three
of the changes:
---------------------------------------------------------------------------

\46\ ``Review of New Sources and Modifications in Indian Country
Amendments to the Registration and Permitting Deadlines for True
Minor Sources,'' U.S. Environmental Protection Agency, 79 FR 34231,
June 16, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf.
---------------------------------------------------------------------------

Adjusted the deadline by which minor sources covered by a
general permit need to obtain a preconstruction permit by eliminating a
requirement for all true minor sources that begin operation before
September 2, 2014, to obtain a minor NSR permit 6 months after the EPA
publishes a general permit (no general permits were finalized by May
2014, so the provision was moot) (Sec. 49.151(c)(1)(iii)(B)) (pertains
to item (b) under above Section 1. Proposed Rule);
Extended the permitting deadline for true minor sources
within the oil and gas source category (Sec. 49.151(c)(1)(iii)(B))
(pertains to item (c) under above Section 1. Proposed Rule); and
Adjusted the deadline for oil and gas sources for certain
registration-related requirements to be consistent with the proposed
permitting deadline extension (Sec. 49.151(c)(1)(iii)(A)) and Sec.
49.160(c)(1)(ii) and (iii)) (pertains to item (e) under above Section
1. Proposed Rule).

The comments received on these changes were addressed in the June 16,
2014, Federal Register notice.

In today's final action, we are addressing the two other proposed
changes:
Shortening the general permit application review process
from 90 to 45 days for certain source categories (Sec. 49.156(e)(4))
(pertains to item (a) under above Section 1. Proposed Rule); and
Removing a provision to make clear that sources may seek
coverage under a general permit as soon as it is effective and need not
wait an additional 4 months (Sec. 49.156(e)(1)) (pertains to item (d)
under above Section 1. Proposed Rule).
The first change is now moot because we are finalizing permits by
rule for the three source categories in question (except that the GDF
permit by rule does not cover California); the permit by rule process
does not include an application review. We are addressing the second
change by amending Sec. 49.156(e)(1) to make the general permits
available as soon as they are effective, which is generally 60 days
after signature. In addition, we have added a provision to ensure that
this is also true for permits by rule that we promulgate.
The EPA received comments related to these two changes. Summaries
of all comments and our responses are contained in Section 7.0 of the
RTC Document. Several commenters supported the EPA's proposal to amend
Sec. 49.156(e)(1) so that minor sources would not be required to wait
four months to seek coverage under the general permit after the general
permit's effective date, but may seek coverage as soon as the general
permit is effective. The EPA is removing the requirement for sources to
wait four months after the general permit is finalized to request
coverage. The EPA also received a number of comments related to
shortening the general permit application review process from 90 to 45
days for certain source categories. Multiple commenters supported the
EPA's proposal to shorten the general permit application review process
from 90 to 45 days for 3 of the proposed source categories (GDFs, auto
body repair and miscellaneous surface coating operations, and petroleum
dry cleaning facilities). A few commenters recommended that the EPA
consider reducing the application review period for general permits to
30 days. As noted, the EPA is not finalizing revisions to Sec.
49.156(e)(4) to shorten the General Permit application review process
from 90 to 45 days for the permits for the GDF, auto body repair and
miscellaneous surface operations, or petroleum dry cleaning source
categories because we are not issuing general permits for those source
categories. Rather, we are establishing permits by rule, for which
there is no review process for these three source categories.
We are promulgating a minor amendment to Sec. 49.151(c)(1)(iii)(B)
by adding the words ``permit by rule'' after general permit to ensure
that it is clear that the permit by rule option is available to true
minor sources required to obtain a minor source permit. The section
reads as follows with the added amendatory words ``/permit by rule'':
``If your true minor source is not an oil and natural gas source
and you wish to begin construction of a new true minor source or a
modification at an existing true minor source on or after September 2,
2014, you must first obtain a permit pursuant to Sec. Sec. 49.154 and
49.155 (or a general permit/permit by rule pursuant to Sec. 49.156, if
applicable). If your true minor source is an oil and natural gas source
and you wish to begin construction of a new true minor source or a
modification at an existing true minor source on or after March 2,
2016, you must first obtain a permit pursuant to Sec. Sec. 49.154 and
49.155 (or a general permit/permit by rule pursuant to Sec. 49.156, if
applicable). The proposed new source or modification will also be
subject to the registration requirements of Sec. 49.160, except for
sources that are subject to Sec. 49.138.''
Finally, we are promulgating a minor amendment to Sec. 49.156 by
adding the words ``permits by rule'' after general permits to ensure
that it is clear that the section also contains requirements for permit
by rule. The introductory paragraph to the section reads as follows
with the added amendatory words ``/permits by rule'':
``This section applies to general permits/permits by rule for the
purposes of complying with the preconstruction permitting requirements
for sources of regulated NSR pollutants under this program.''

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. This action merely establishes general permits and/or permits
by rule to satisfy the requirements of the Federal Indian Country Minor
NSR rule. Such permits are already available in

[[Page 25089]]

many states. It does not impose any new obligations or enforceable
duties on any state, local or tribal government or the private sector.
Therefore, this action does not impose an information collection
burden. OMB has previously approved the information collection
activities in the permits in this action, which are contained in the
Information Collection Request for Federal Indian Country Minor NSR
rule issued in July 2011 (OMB Control No. 2060-0003).

C. Regulatory Flexibility Act

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act. In making this determination, the impact of concern is
any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. The EPA analyzed the impact
of streamlined permitting on small entities in the Federal Indian
Country Minor NSR rule (76 FR 38748, July 1, 2011). The EPA determined
that that action would not have a significant economic impact on a
substantial number of small entities. Today's action merely implements
a particular aspect of the Federal Indian Country Minor NSR rule. As
such, this action will not have a significant economic impact on a
substantial number of small entities. We have, therefore, concluded
that this action will have no net regulatory burden for all directly
regulated small entities.

D. Unfunded Mandates Reform Act

This action does not contain any unfunded mandates, as described in
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. The EPA has conducted
outreach on this rule via on-going monthly meetings with tribal
environmental professionals in the development of this final action.
This action reflects tribal comments on and priorities for developing
general permits and permits by rule in Indian country. The EPA offered
consultation to elected tribal officials immediately after proposal on
December 16, 2013, via letter to 566 tribes to provide an opportunity
for meaningful and timely input into the development of this
regulation. No tribal officials requested consultation on this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental, health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

The final action involves technical standards. The EPA has decided
to use the EPA Methods 5, 7E and 10. While for the proposal the agency
identified 13 voluntary consensus standards (ASME B133.9-1994 (2001),
ISO 9096:1992 (2003), ANSI/ASME PTC-38-1980 (1985), ASTM D3685/D3685M-
98 (2005), CAN/CSA Z223.1-M1977, ANSI/ASME PTC 19-10-1981--Part 10, ISO
10396:1993 (2007), ISO 12039:2001, ASTM D5835-95 (2007), ASTM D6522-00
(2005), CAN/CSA Z223.2-M86 (1999), CAN/CSA Z223.21-M1978, ASTM D3162-94
(2005)) as being potentially applicable, we are not finalizing these in
this rulemaking. The use of these voluntary consensus standards would
not be practical with applicable law due to a lack of equivalency,
documentation, validation data and other important technical and policy
considerations. The EPA did not receive comments that have caused us to
alter the standards and methods in the final permits.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

The EPA believes the human health or environmental risk addressed
by this action will not have potentially, disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This action does not affect the level of
protection provided to human health or the environment. This final rule
merely implements certain aspects of the Federal Indian Country Minor
NSR rule. Therefore, this final action will not have a
disproportionately high and adverse human health or environmental
effects on minorities, low-income, indigenous populations in the United
States.
Our primary goal in developing this program is to ensure that air
resources in Indian country will be protected in the manner intended by
the CAA. This Rule will reduce adverse impacts by improving air quality
in Indian country. In addition, we seek to establish a flexible
preconstruction permitting program for minor sources in Indian country
that is comparable to similar programs in neighboring states in order
to create a more level regulatory playing field for owners and
operators within and outside of Indian country. This Rule will reduce
an existing disparity by filling the regulatory gap.

K. Congressional Review Act

This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 49

Environmental protection, Administrative practices and procedures,
Air pollution control, Indians, Indians-law, Indians-tribal government,
Intergovernmental relations, Reporting and recordkeeping requirements.

[[Page 25090]]

Dated: April 17, 2015.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, Chapter 1 of the
Code of Federal Regulations is amended as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

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

Subpart C--General Federal Implementation Plan Revisions

0
2. Section 49.151 is amended by revising paragraph (c)(1)(iii)(B) to
read as follows:

Sec. 49.151 Program overview.

* * * * *
(c) * * *
(1) * * *
(iii) * * *
(B) If your true minor source is not an oil and natural gas source
and you wish to begin construction of a new true minor source or a
modification at an existing true minor source on or after September 2,
2014, you must first obtain a permit pursuant to Sec. Sec. 49.154 and
49.155 (or a general permit/permit by rule pursuant to Sec. 49.156, if
applicable). If your true minor source is an oil and natural gas source
and you wish to begin construction of a new true minor source or a
modification at an existing true minor source on or after March 2,
2016, you must first obtain a permit pursuant to Sec. Sec. 49.154 and
49.155 (or a general permit/permit by rule pursuant to Sec. 49.156, if
applicable). The proposed new source or modification will also be
subject to the registration requirements of Sec. 49.160, except for
sources that are subject to Sec. 49.138.
* * * * *

0
3. Section 49.156 is amended by revising the section heading, the
introductory text, and paragraph (e)(1), and by adding paragraph (f) to
read as follows:

Sec. 49.156 General permits and permits by rule.

This section applies to general permits/permits by rule for the
purposes of complying with the preconstruction permitting requirements
for sources of regulated NSR pollutants under this program.
(e) * * *
(1) If your source qualifies for a general permit, you may submit a
Request for Coverage under that general permit to the reviewing
authority upon the effective date of the general permit, generally 60
days after publication of the general permit in the Federal Register.
* * * * *
(f) Permits by rule overview--(1) What is a permit by rule? A
permit by rule is a preconstruction permit issued by a reviewing
authority that may be applied to a number of similar emissions units or
sources within a designated category. The purpose of a permit by rule
is to simplify the permit issuance process for similar facilities so
that a reviewing authority's limited resources need not be expended for
case-by-case permit development for such facilities. A permit by rule
may be written to address a single emissions unit, a group of the same
type of emissions units or an entire minor source. A source wishing to
operate pursuant to a permit by rule must submit a Notification of
Coverage Form to the reviewing authority prior to commencing
construction or modification. Once a source submits the Notification of
Coverage and the EPA posts it online, the source may commence
construction or modification without further action by the reviewing
authority.
(2) When and where does a permit by rule apply? The provisions of a
permit by rule established under the authority of this section apply on
reservations and other areas of Indian country for which a tribe, or
EPA acting in a tribe's stead, has demonstrated that a tribe has
jurisdiction and where there is no EPA-approved tribal minor NSR
program and according to the following implementation schedule: Sources
that qualify for a permit by rule and have completed and submitted to
the reviewing authority and the tribe in the affected area that is
covered under the permit by rule the required Notification of Coverage
may commence construction of a new source or modification of an
existing source after the reviewing authority has posted the
Notification of Coverage Form online. If your source qualifies for a
permit by rule, you may submit a Notification of Coverage Form under
that permit by rule upon the effective date of the permit by rule,
generally 60 days after publication of the permit by rule in the
Federal Register.
(3) How will the reviewing authority issue permits by rule? The
reviewing authority will issue permits by rule as follows:
(i) A permit by rule may be issued for a category of emissions
units or sources that are similar in nature, have substantially similar
emissions and would be subject to the same or substantially similar
requirements governing operations, emissions, monitoring, reporting and
recordkeeping. ``Similar in nature'' refers to size, processes and
operating conditions.
(ii) A permit by rule must be issued according to the applicable
requirements in Sec. Sec. 49.154(c) and (d) and 49.155.
(4) For what source categories will source category permits by rule
be issued? (i) The reviewing authority will determine at its discretion
which categories of true minor sources are appropriate for coverage
under a permit by rule.
(ii) Permits by rule will be issued at the discretion of the
reviewing authority. Issuance of a permit by rule is considered final
agency action with respect to all aspects of the permit by rule except
its applicability to an individual source. Permits by rule for
additional source categories may be added in the future following the
procedure set forth in paragraph (e)(3)(ii) of this section.
(iii) Permits by rule are currently available for the following
source categories:
(A) Auto body repair and miscellaneous surface coating operations
(Sec. 49.162).
(B) Petroleum dry cleaning facilities (Sec. 49.163).
(C) Gasoline dispensing facilities (Sec. 49.164).
(5) What should the permit by rule contain? A source category
permit by rule must include the permit elements listed in Sec.
49.155(a).
(6) What procedures must you follow to obtain coverage for your
source under a permit by rule?
(i) You must determine whether your source is a true minor source
by following the procedures outlined in Sec. 49.153.
(ii) If you determine your source is a true minor source, then to
be eligible to be covered by the permit you must be willing to accept
the terms and conditions of the permit by rule, including emissions
limits that are either directly expressed as limits or specified as an
operational throughput limit or threshold.
(iii) Prior to submitting a completed Notification of Coverage to
the reviewing authority notifying the reviewing authority that you are
covered under a permit by rule, you must first submit documentation to
the EPA (and to the tribe where the source is located/locating)
demonstrating that you have completed the screening processes specified
for consideration of threatened

[[Page 25091]]

and endangered species and historic properties and receive a
determination from the EPA stating that you have satisfactorily
completed these processes. (The processes are contained in the
following document: ``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,'' https://www.epa.gov/air/tribal/tribalnsr.html.) Within 30 days of receipt of
your documentation, by letter to you, the reviewing authority must
provide a determination that: The documentation satisfactorily
demonstrates completion of the threatened and endangered species and
historic property processes; or the documentation is not adequate and
additional information is needed. If the initial submittal is
deficient, the reviewing authority will note any such deficiencies and
may offer further direction on completing the screening process(es).
Once you have addressed the noted deficiencies you must resubmit your
threatened and endangered species and historic property screening
procedure documentation for review. An additional 15-day review
notification period will be used for the reviewing authority to
determine whether the ESA/NHPA screening procedures have been
satisfied. If they have, the reviewing authority will send you a letter
so stating. You must obtain a letter from the reviewing authority
indicating that the source has adequately completed the processes
regarding threatened and endangered species and historic properties is
necessary before you can qualify for coverage under the permit by rule.
(iv) If your source qualifies for a permit by rule and you choose
to be covered under it, following notification from the EPA that you
have satisfactorily completed the threatened and endangered species and
historic property processes correctly, you may submit a Notification of
Coverage to the reviewing authority beginning upon the effective date
of the permit by rule, generally 60 days after publication of the
permit by rule in the Federal Register. Submission of the completed
Notification of Coverage to the reviewing authority satisfies the
registration requirement of Sec. 49.160(c)((1)(iii). The necessary
forms for submitting a Notification of Coverage are available online at
https://www.epa.gov/air/tribal/tribalnsr.html. You must also submit a
copy of the Notification of Coverage to the tribe in the area where
your source is locating or modifying.
(v) Upon receiving your Notification of Coverage, the notification
will be posted on the reviewing authority's Web site, which is the
relevant EPA Regional Office's Web site unless a tribe has been
delegated authority to implement the Federal Minor NSR Program in
Indian Country rule. The posting of the Notification of Coverage Form
is considered final agency action with respect to the permit by rule's
applicability to an individual source. Appeals can only be made
regarding the applicability of the permit by rule to an individual
source or modification. Appeals must be made to the relevant U.S. Court
of Appeals within 60 days of the EPA's final action.
(vi) Your source must comply with all terms and conditions of the
relevant permit by rule. You will be subject to enforcement action for
failure to obtain a preconstruction permit if the emissions unit(s) or
source are constructed under coverage of a permit by rule and your
source is later determined not to qualify for that permit by rule.
(vii) Coverage under a permit by rule becomes invalid if
construction is not commenced within 18 months after the date of the
posting of the Notification of Coverage under a source category permit
by rule, if construction is discontinued for a period of 18 months or
more, or if construction is not completed within a reasonable time. The
reviewing authority may extend the 18-month period upon a satisfactory
showing that an extension is justified. This provision does not apply
to the time period between construction of the approved phases of a
phased construction project; construction of each such phase must
commence within 18 months of the projected and approved commencement
date.
(viii) Any source eligible to request coverage under a permit by
rule may instead choose to apply for a source specific permit under
Sec. 49.154 if they prefer not to be subject to the permit by rule's
terms and conditions.

0
4. Section 49.162 is added to read as follows:

Sec. 49.162 Air quality permit by rule for new or modified true minor
source auto body repair and miscellaneous surface coating operations in
Indian country.

(a) Abbreviations and acronyms:

CAA or the Act Federal Clean Air Act
cc cubic centimeters
CFR Code of Federal Regulations
CO Carbon Monoxide
EPA United States Environmental Protection Agency
g/L grams per liter
lb/gal pounds per gallon
MSDS Material Safety Data Sheet
NAAQS National Ambient Air Quality Standards
NOX Oxides of Nitrogen
NSR New Source Review
PSD Prevention of Significant Deterioration
VOC Volatile Organic Compounds

(b) Definitions for the purposes of this permit by rule--(1)
Adhesion promoter means a coating, which is labeled and formulated to
be applied to uncoated plastic surfaces to facilitate bonding of
subsequent coatings, and on which, a subsequent coating is applied.
(2) Airless and air-assisted airless spray mean any paint spray
technology that relies solely on the fluid pressure of the paint to
create an atomized paint spray pattern and does not apply any atomizing
compressed air to the paint before it leaves the paint nozzle. Air-
assisted airless spray uses compressed air to shape and distribute the
fan of atomized paint, but still uses fluid pressure to create the
atomized paint.
(3) Cause means with respect to the reviewing authority's ability
to terminate a permitted source's coverage under a permit by rule that:
(i) The permittee is not in compliance with the provisions of this
permit by rule;
(ii) The reviewing authority determines that the emissions
resulting from the construction or modification of the permitted source
significantly contribute to NAAQS violations, which are not adequately
addressed by the requirements in this permit by rule;
(iii) The reviewing authority has reason to believe that the
permittee obtained coverage under the permit by rule by fraud or
misrepresentation; or
(iv) The permittee failed to disclose a material fact required by
the Notification of Coverage or the requirements applicable to the
permitted source of which the applicant had or should have had
knowledge at the time the permittee submitted the Notification of
Coverage.
(4) Clear coating means any coating that contains no pigments and
is labeled and formulated for application over a color coating or clear
coating.
(5) Cold cleaning solvent makeup means the gallons of gross cold
cleaning solvent usage minus the gallons of solvent disposed of as
waste solvent.
(6) Construction means any physical change or change in the method
of operation including fabrication, erection, installation, demolition,
or modification of an affected emissions unit that would result in a
change of emissions.
(7) Color coating means any pigmented coating, excluding adhesion

[[Page 25092]]

promoters, primers, and multi-color coatings, that requires a
subsequent clear coating and which is applied over a primer or adhesion
promoter. Color coatings include metallic/iridescent color coatings.
(8) Electrostatic application means any method of coating
application where an electrostatic attraction is created between the
part to be coated and the atomized paint particles.
(9) Freeboard area means the air space in a batch-loaded cold
cleaner that extends from the liquid surface to the top of the tank.
(10) Freeboard height means the distance from the top of the
solvent to the top of the tank for batch-loaded cold cleaners.
(11) Freeboard ratio means the ratio of the solvent cleaning
machine freeboard height to the smaller interior dimension (length,
width, or diameter) of the solvent cleaning machine.
(12) Halogenated Hazardous Air Pollutant (HAP) solvent means
methylene chloride (CAS No. 75-09-2), perchloroethylene (CAS No. 127-
18-4), trichloroethylene (CAS No. 79-01-6), 1,1,1-trichloroethane (CAS
No. 71-55-6), carbon tetrachloride (CAS No. 56-23-5), and/or chloroform
(CAS No. 67-66-3).
(13) High-volume, low-pressure (HVLP) spray equipment means spray
equipment that is permanently labeled as such and used to apply any
coating by means of a spray gun which is designed and operated between
0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure
measured dynamically at the center of the air cap and at the air horns.
(14) Liquid leak means a VOC-containing liquid leak from the
degreaser at a rate of three drops per minute or more or any visible
liquid mist.
(15) Multi-color coating means any coating that exhibits more than
one color in the dried film after a single application, is packaged in
a single container, and hides surface defects on areas of heavy use,
and which is applied over a primer or adhesion promoter.
(16) Notification of Coverage means the permit notification that
contains all the information required in the standard notification form
for this permit by rule.
(17) One-component coating means a coating that is ready for
application as it comes out of its container to form an acceptable dry
film. A thinner necessary to reduce the viscosity is not considered a
component.
(18) Permittee means the owner or operator of a permitted source.
(19) Permitted source means each auto body repair and miscellaneous
surface coating operation for which a source submits a complete
Notification of Coverage.
(20) Pretreatment coating means any coating that contains a minimum
of one-half (0.5) percent acid by weight and not more than 16 percent
solids by weight necessary to provide surface etching and is labeled
and formulated for application directly to bare metal surfaces to
provide corrosion resistance and adhesion.
(21) Primer means any coating, which is labeled and formulated for
application to a substrate to provide:
(i) A bond between the substrate and subsequent coats;
(ii) Corrosion resistance;
(iii) A smooth substrate surface; or
(iv) Resistance to penetration of subsequent coats, and on which a
subsequent coating is applied.
Primers may be pigmented.
(22) Responsible official means one of the following:
(i) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is directly
responsible for the overall operation of the permitted source.
(ii) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively.
(iii) For a public agency: Either a principal executive officer or
ranking elected official, such as a chief executive officer having
responsibility for the overall operations of a principal geographic
unit of the agency.
(23) Single-stage coating means any pigmented automotive coating,
(excluding automotive adhesion promoters, primers and multi-color
coatings), specifically labeled and formulated for application without
a subsequent clear coating and that are applied over an adhesion
promoter, a primer, or a color coating. Single-stage coatings include
single-stage metallic/iridescent coatings.
(24) Spray-applied coating operations means coatings that are
applied using a hand-held device that creates an atomized mist of
coating and deposits the coating on a substrate. For the purposes of
this permit by rule, spray-applied coatings do not include the
following materials or activities:
(i) Coatings applied from a hand-held device with a paint cup
capacity that is equal to or less than 3.0 fluid ounces (89 cc).
(ii) Surface coating application using powder coating, hand-held,
non-refillable aerosol containers, or non-atomizing application
technology, including, but not limited to, paint brushes, rollers, hand
wiping, flow coating, dip coating, electro deposition coating, web
coating, coil coating, touch-up markers, or marking pens.
(iii) Thermal spray operations (also known as metalizing, flame
spray, plasma arc spray, and electric arc spray, among other names) in
which solid metallic or non-metallic material is heated to a molten or
semi-molten state and propelled to the work piece or substrate by
compressed air or other gas, where a bond is produced upon impact.
(25) Temporary protective coating means any coating which is
labeled and formulated for the purpose of temporarily protecting areas
from overspray or mechanical damage.
(26) Tire retread adhesive means any adhesive to be applied to the
back of pre-cured tread rubber and to the casing and cushion rubber, or
to be used to seal buffed tire casings to prevent oxidation while the
tire is being prepared for a new tread.
(27) Truck bed liner coating means any coating, excluding color,
multi-color, and single stage coatings, labeled and formulated for
application to a truck bed to protect it from surface abrasion.
(28) Two-component coating means a coating requiring the addition
of a separate reactive resin, commonly known as a catalyst, before
application to form an acceptable dry film.
(29) Underbody coating means any coating labeled and formulated for
application to wheel wells, the inside of door panels or fenders, the
underside of a trunk or hood, or the underside of the motor vehicle.
(30) Uniform finish coating means any coating labeled and
formulated for application to the area around a spot repair for the
purpose of blending a repaired area's color or clear coat to match the
appearance of an adjacent area's existing coating.
(31) Volatile organic compounds or VOC means any compound of
carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate, which
participates in atmospheric photochemical reactions. This does not
include the compounds listed in 40 CFR 51.100(s)(1).
(c) Information about this permit by rule. (1) Applicability.
Pursuant to the provisions of the Clean Air Act (CAA), subchapter I,
part D and 40 CFR part 49, subpart C, this permit authorizes the
construction or modification and the

[[Page 25093]]

operation of the auto body repair and miscellaneous surface coating
operation for which a reviewing authority receives a completed
Notification of Coverage (permitted source).
(2) Eligibility. To be eligible for coverage under this permit by
rule, the permitted source must qualify as a true minor source as
defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR
49.156(f)(6)(iii).
(3) Notification of Coverage. Requirements for submitting a
Notification of Coverage are contained in paragraph (d)(1) of this
section. The information contained in each permitted source's
Notification of Coverage is hereby enforceable under this permit by
rule.
(4) Termination. Paragraph (d)(6) of this section addresses a
reviewing authority's ability to revise, revoke and reissue, or
terminate coverage under this permit by rule. It also addresses the
reviewing authority's ability to terminate an individual permitted
source's coverage under this permit by rule.
(5) Definitions. The terms used herein shall have the meaning as
defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of
this section. If a term is not defined, it shall be interpreted in
accordance with normal business use.
(d) Permit by rule terms and conditions. The following applies to
each permittee and permitted source with respect to only the affected
emissions units and any associated air pollution control technologies
in that permitted source's Notification of Coverage.
(1) General provisions--(i) Obtaining coverage under this permit by
rule. To obtain coverage under this permit by rule, an applicant must
submit a completed Notification of Coverage to the appropriate
reviewing authority for the area in which the permitted source is or
will be located (the Notification of Coverage Form can be found at:
https://www.epa.gov/air/tribal/tribalnsr.html). Table 2 contains a list
of reviewing authorities and their area of coverage. You must also
submit a copy of the Notification of Coverage to the Indian governing
body for any area in which the permitted source will operate in Indian
country.
(ii) Construction and operation. The permittee shall construct or
modify and shall operate the affected emissions units and any
associated air pollution control technologies in compliance with this
permit by rule and all other applicable federal air quality
regulations; and in a manner consistent with representations made by
the permittee in the Notification of Coverage.
(iii) Location. This permit by rule only authorizes the permittee
to construct or modify and to operate the permitted source in the
location listed in the Notification of Coverage for that permitted
source.
(iv) Liability. This permit by rule does not release the permittee
from any liability for compliance with other applicable federal and
tribal environmental laws and regulations, including the CAA.
(v) Severability. The provisions of this permit by rule are
severable. If any portion of this permit by rule is held invalid, the
remaining terms and conditions of this permit by rule shall remain
valid and in force.
(vi) Compliance. The permittee must comply with all provisions of
this permit by rule, including emission limitations that apply to the
affected emissions units at the permitted source. Noncompliance with
any permit by rule provision is a violation of the permit by rule and
may constitute a violation of the CAA; is grounds for an enforcement
action; and is grounds for the reviewing authority to revoke and
terminate the permitted source's coverage under this permit by rule.
(vii) National Ambient Air Quality Standards (NAAQS)/Prevention of
Significant Deterioration (PSD) Protection. The permitted source must
not cause or contribute to a NAAQS violation or, in an attainment area,
must not cause or contribute to a PSD increment violation.
(viii) Unavailable defense. It is not a defense for the permittee
in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
provisions of this permit by rule.
(ix) Property rights. This permit by rule does not convey any
property rights of any sort or any exclusive privilege.
(x) Information requests. You, as the permittee, shall furnish to
the reviewing authority, within 30 days unless another timeframe is
specified by the EPA, any information that the reviewing authority may
request in writing to determine whether cause exists for revising,
revoking and reissuing, or terminating coverage under the permit by
rule or to determine compliance with the permit by rule. For any such
information claimed to be confidential, the permittee must submit a
claim of confidentiality in accordance with 40 CFR part 2, subpart B.
(xi) Inspection and entry. Upon presentation of proper credentials,
the permittee must allow a representative of the reviewing authority
to:
(A) Enter upon the premises where a permitted source is located or
emissions-related activity is conducted or where records are required
to be kept under the conditions of the permit by rule;
(B) Have access to and copy, at reasonable times, any records that
are required to be kept under the conditions of the permit by rule;
(C) Inspect, during normal business hours or while the permitted
source is in operation, any facilities, equipment (including monitoring
and air pollution control equipment), practices or operations regulated
or required under the permit by rule;
(D) Sample or monitor, at reasonable times, substances or
parameters for the purpose of assuring compliance with the permit by
rule or other applicable requirements; and
(E) Record any inspection by use of written, electronic, magnetic
and photographic media.
(xii) Posting of coverage. The most current Notification of
Coverage for the permitted source must be posted prominently at the
facility, and each affected emissions unit and any associated air
pollution control technology must be labeled with the identification
number listed in the Notification of Coverage for that permitted
source.
(xiii) Duty to obtain source-specific permit. If the reviewing
authority intends to terminate a permitted source's coverage under this
permit by rule for cause as provided in Sec. 49.162(d)(6), then the
permittee shall apply for and obtain a source-specific permit as
required by the reviewing authority.
(xiv) Credible evidence. For the purpose of establishing whether
the permittee violated or is in violation of any requirement of this
permit by rule, nothing shall preclude the use, including the exclusive
use, of any credible evidence or information relevant to whether a
permitted source would have been in compliance with applicable
requirements if the permittee had performed the appropriate performance
or compliance test or procedure.
(2) Emission limitations and standards. (i) The permittee shall
install, maintain, and operate each affected emissions unit, including
any associated air pollution control equipment, in a manner consistent
with good air pollution control practices for minimizing emissions of
NSR regulated pollutants and considering the manufacturer's recommended
operating

[[Page 25094]]

procedures at all times, including periods of startup, shutdown,
maintenance and malfunction. The reviewing authority will determine
whether the permittee is using acceptable operating and maintenance
procedures based on information available to the reviewing authority
which may include, but is not limited to, monitoring results, opacity
observations, review of operating and maintenance procedures, and
inspection of the permitted source.
(ii) The permittee shall not use volatile organic compound (VOC)
containing materials (e.g., coatings, thinners, and clean-up solvents)
in excess of the following amounts (solvent used in a cold cleaning
solvent degreaser does not count toward compliance with this limit):
(A) 5,000 gallons per year based on a 12-month rolling total for
facilities located in ozone attainment, unclassifiable or attainment/
unclassifiable areas; and
(B) 900 gallons per year based on a 12-month rolling total for
facilities located in ozone nonattainment areas.
(iii) Total annual cold cleaning solvent makeup shall not exceed
500 gallons in any 12-month period.
(iv) The total combined heat input capacity of all combustion units
(such as space heaters or ovens) shall not exceed 10 MMBtu/hr. The
combustion units shall only burn natural gas, propane, or butane.
(v) Each combustion unit rated at 2.0 MMBtu/hr or greater located
in a serious, severe, or extreme ozone nonattainment area shall meet
the following requirements:
(A) NOX emissions shall not exceed 30 ppmdv
at 3 percent oxygen or 0.011 lb/MMBtu based on a 15-minute average.
(B) CO emissions shall not exceed 400 ppmdv at 3 percent
oxygen or 0.30 lb/MMBtu based on a 15-minute average.
(vi) The capacity of any volatile liquid storage tank shall not
exceed 19,812 gallons.
(vii) Except as specified in paragraph (d)(2)(xv) of this section,
the VOC content of coatings, as applied, shall not exceed 8.34 pounds
of VOC per gallon (999.4 grams of VOC per liter).
(viii) All painters must have certification that they have
completed training in the proper spray application of surface coatings
and the proper setup and maintenance of spray equipment. The minimum
requirements for training and certification are described in paragraph
(f) of this section. The spray application of surface coatings by
persons who are not certified as having completed the training
described in paragraph (f) of this section is prohibited. This
condition does not apply to the students of an accredited surface
coating training program who are under the direct supervision of an
instructor who meets the requirements of this condition.
(ix) All spray-applied coating operations must be applied in a
spray booth, preparation station, or mobile enclosure that meets the
following standards:
(A) All spray booths, preparation stations, and mobile enclosures
must be equipped with an exhaust filter certified by the manufacturer
to achieve at least 98 percent capture of paint overspray. The
procedure used to demonstrate filter efficiency must be consistent with
the American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Method 52.1, ``Gravimetric and Dust-Spot Procedures
for Testing Air-Cleaning Devices Used in General Ventilation for
Removing Particulate Matter, June 4, 1992.'' The test coating for
measuring filter efficiency shall be a high solids bake enamel
delivered at a rate of at least 135 grams per minute from a
conventional (non-HVLP) air-atomized spray gun operating at 40 pounds
per square inch (psi) air pressure; the air flow rate across the filter
shall be 150 feet per minute. Owners and operators may use published
filter efficiency data provided by filter vendors to demonstrate
compliance with this requirement and are not required to perform this
measurement. The requirements of this paragraph do not apply to water
wash spray booths that are operated and maintained according to the
manufacturer's specifications.
(B) Spray booths and preparation stations used to refinish complete
motor vehicles or mobile equipment must be fully enclosed with a full
roof and four complete walls or complete side curtains, and must be
ventilated at negative pressure so that air is drawn into any openings
in the booth walls or preparation station curtains. However, if a spray
booth is fully enclosed and has seals on all doors and other openings
and has an automatic pressure balancing system, it may be operated at
up to, but not more than, 0.05 inches water gauge positive pressure.
(C) Spray booths and preparation stations that are used to coat
miscellaneous parts and products or vehicle subassemblies must have a
full roof, at least three complete walls or complete side curtains, and
must be ventilated so that air is drawn into the booth. The walls and
roof of a booth may have openings, if needed, to allow for conveyors
and parts to pass through the booth during the coating process.
(D) Mobile ventilated enclosures within the site that are used to
perform spot repairs must enclose and, if necessary, seal against the
surface around the area being coated such that paint overspray is
retained within the enclosure and directed to a filter to capture paint
overspray.
(E) The exhaust filters of spray booths shall be equipped with
pressure gauges that indicate, in inches of water, the static pressure
differential across the exhaust filters.
(F) Each spray booth located in a serious, severe, or extreme ozone
nonattainment area that uses greater than 4 gallons per day of VOC-
containing material shall install add-on controls (with greater than or
equal to 90 percent collection efficiency and greater than or equal to
95 percent destruction efficiency) or use material with less than 5
percent VOC by weight or low VOC materials that result in an equivalent
emission reduction.
(x) Except for serious, severe, and extreme ozone nonattainment
areas, all spray-applied coating operations must be applied with a high
volume, low pressure (HVLP) spray gun, electrostatic application,
airless spray gun, or air-assisted airless spray gun. An equivalent
spray technology may be used if it that has been demonstrated by the
spray gun manufacturer to achieve a transfer efficiency comparable to
that of an HVLP spray gun and for which the spray gun manufacturer has
obtained written approval from the U.S. Environmental Protection Agency
(EPA). The requirements of this condition do not apply to spray guns
with a cup capacity less than 3.0 fluid ounces (89 cc).
(xi) In serious, severe, and extreme ozone nonattainment areas, all
spray-applied coating operations must be applied with an HVLP spray
gun, low volume low pressure (LVLP) spray gun, or air brush spray
operation. An equivalent spray technology may be used if it has been
demonstrated by the spray gun manufacturer to achieve a transfer
efficiency comparable to that of an HVLP spray gun and for which the
spray gun manufacturer has obtained written approval from the EPA.
(xii) All paint spray gun cleaning must be done so that an atomized
mist or spray of gun cleaning solvent and paint residue is not created
outside of a container that collects used gun cleaning solvent. Spray
gun cleaning may be done with, for example, hand cleaning of parts of
the disassembled gun in a container of solvent, by flushing solvent
through the gun

[[Page 25095]]

without atomizing the solvent and paint residue, or by using a fully
enclosed spray gun washer. A combination of non-atomizing methods may
also be used.
(xiii) All VOC-containing material (e.g., coatings, thinners, and
clean-up solvents) shall be stored in closed containers.
(xiv) All waste materials containing VOC (e.g., soiled rags) shall
be stored in sealed containers until properly disposed.
(xv) Each permitted source located in a serious, severe, or extreme
ozone nonattainment area, shall not apply a coating that has VOC
content in excess of the limits listed in the Table 1 below. Compliance
with the VOC limits shall be based on VOC content, including any VOC
material added to the original coating supplied by the manufacturer,
less water.

Table 1--VOC Content Limits
------------------------------------------------------------------------
VOC content VOC content
Type of coating limits (grams/ limits (lb/
liter) gallon)
------------------------------------------------------------------------
Adhesion Promoter....................... 540 4.5
Clear Coating........................... 250 2.1
Color Coating........................... 420 3.5
Multi-Color Coating..................... 680 5.7
Pretreatment............................ 660 5.5
Primer.................................. 250 2.1
Single-Stage Coating.................... 340 2.8
Temporary Protective Coating............ 60 0.5
Truck Bed Liner Coating................. 310 2.6
Underbody Coating....................... 430 3.6
Uniform Finishing Coating............... 540 4.5
One or Two-Component Coatings for 120 1.0
Plastics...............................
Tire Retread Adhesive................... 100 0.8
Any other coating type or adhesive...... 250 2.1
------------------------------------------------------------------------

(xvi) For each batch-loaded cold cleaner degreaser, the permittee
shall comply with the requirements of paragraph (e) of this section.
(xvii) Each permitted source located in a serious, extreme, or
severe ozone nonattainment area, shall use cleaning materials in the
batch-loaded cold cleaner degreaser that have a VOC content of less
than 25 grams per liter.
(3) Monitoring and testing requirements--(i) Initial performance
tests. (A) Within 60 days after achieving the maximum production rate
at which the permitted source will operate the affected emissions
unit(s), but not later than 180 days after the first day of operation
under the permit by rule, the permittee shall perform an initial
performance test to verify compliance with the emission limitations in
paragraphs (d)(2)(v) and (d)(2)(ix)(F) of this section (including
capture efficiency requirements), if applicable. Performance tests
shall be performed:
(1) According to a test plan submitted at least 30 days in advance
of the test date to the reviewing authority;
(2) While the permitted source is operating under typical operating
conditions;
(3) Using test methods from 40 CFR part 60, appendix A. In lieu of
the test methods from 40 CFR part 60, appendix A, measurements for
NOX and CO may be taken using portable analyzers according
to ASTM D6522-00, as incorporated by reference in 40 CFR 63.14(b)(27);
(4) Using Method 5 with a sample volume of at least 31.8 dscf to
determine particulate matter concentration; and
(5) Simultaneously for CO and NOX whenever either one
needs to be tested.
(B) Compliance with each limit shall be demonstrated by averaging
the results of at least three test runs of at least 1 hour duration
each, unless the permittee can demonstrate to the satisfaction of the
reviewing authority that the result of one of the test runs should be
discarded. The test results the permittee submits must contain at least
two test runs.
(ii) The permitted source shall demonstrate compliance with the
paint overspray capture efficiency requirements of paragraph
(d)(2)(ix)(A) of this section using published filter efficiency data
provided by filter vendors, as described in paragraph (d)(2)(ix)(A) of
this section.
(iii) The permitted source shall install, operate, and maintain an
exhaust filter pressure gauge on each spray booth and monitor (in
inches of water) the static pressure differential across the exhaust
filter at least once per calendar month while the equipment is
operating. As necessary, the exhaust filter shall be replaced according
to the manufacturer's specifications.
(iv) The exterior of each spray booth, preparation station, or
mobile enclosure shall be inspected at least once per calendar month
for evidence of overspray. If evidence of overspray is apparent, the
permittee shall take corrective action to eliminate overspray from the
exterior of each spray booth, preparation station, or mobile enclosure.
(v) Prior to each use, each cold solvent cleaning degreaser shall
be inspected for liquid leaks, visible tears, or cracks.
(4) Recordkeeping requirements. (i) The permittee shall maintain
all records required to be kept by this permit by rule onsite for at
least 5 years from the date of origin of the record, unless otherwise
stated.
(ii) The Notification of Coverage and all documentation supporting
the notification shall be maintained by the permittee for the duration
of time the affected emissions unit(s) is covered under this permit by
rule.
(iii) The permittee shall keep records of the VOC-containing
materials (including coatings, thinners, and clean-up solvents) as
follows:
(A) The name and Material Safety Data Sheet (MSDS) for each VOC-
containing material used onsite; and
(B) The gallons of each VOC-containing material used each month and
the resulting 12-month rolling total of VOC-containing material used.
The 12-month rolling total is defined as the sum of the VOC material
used during the current month and the VOC material used for the
previous 11 months.
(C) For each permitted source located in a serious, severe, or
extreme ozone nonattainment area not complying with the control
requirements in paragraph (d)(2)(ix)(F) of this section (add-on
controls or low VOC-containing

[[Page 25096]]

material), the combined daily gallons of VOC-containing material used
in all spray booths.
(iv) The permittee shall keep records of the VOC content (g/L or
lb/gal) for each coating material used onsite.
(v) For each spray booth, preparation station, and mobile
enclosure, the permittee shall maintain records of:
(A) The filter efficiency of the exhaust material;
(B) The monthly exhaust filter pressure gauge readings specified in
Sec. 49.162(d)(3)(iii);
(C) The date when each exhaust filter is replaced;
(D) Any corrective actions taken to reduce overspray; and
(E) The results of any corrective actions taken.
(vi) The permittee shall maintain documentation from the spray gun
manufacturer that each spray gun meets the requirements of paragraphs
(d)(2)(x) and (xi) of this section, as applicable. For a spray gray
that uses equivalent technology, documentation that the spray gun has
been determined by the EPA to achieve a transfer efficiency equivalent
to that of an HVLP spray gun is required.
(vii) For each cold cleaning solvent degreaser, the permittee
shall:
(A) Maintain records of owner's manuals, or if not available,
written maintenance and operating procedures; and
(B) Maintain a log of any actions taken to repair leaks, tears or
cracks and the results of the corrective action taken.
(viii) The permittee shall maintain records of the MSDS for each
solvent used in a solvent degreaser.
(ix) The permittee shall maintain records of the gallons of cold
cleaning solvent makeup used each calendar month and a total of the
number of gallons of cold cleaning solvent makeup used in each 12-month
period.
(x) The results of each performance test conducted pursuant to
paragraph (d)(3)(i) of this section shall be recorded. At a minimum,
the permittee shall maintain records of:
(A) The date of each test;
(B) Each test plan;
(C) Any documentation required to approve an alternate test method;
(D) The results of each test;
(E) The name of the company or entity conducting the analysis; and
(F) Test conditions.
(5) Notification and reporting requirements--(i) Notification of
construction or modification, and operations. The permittee shall
submit a written or electronic notice to the reviewing authority within
30 days from when the permittee begins actual construction, and within
30 days from when the permittee begins initial operations or resumes
operations after a modification.
(ii) Notification of change in ownership or operator. If the
permitted source changes ownership or operator, then the new owner must
submit a written or electronic notice to the reviewing authority within
90 days before or after the change in ownership is effective. In the
notice, the new permittee must provide the reviewing authority a
written agreement containing a specific date for transfer of ownership,
and an effective date on which the new owner assumes partial and/or
full coverage and liability under this permit by rule. The submittal
must identify the previous owner, and update the name, street address,
mailing address, contact information, and any other information about
the permitted source if it would change as a result of the change of
ownership. The current owner shall ensure that the permitted source
remains in compliance with the permit by rule until any such transfer
of ownership if effective.
(iii) Notification of closure. The permittee must submit a report
of any permanent or indefinite closure to the reviewing authority in
writing within 90 days after the cessation of all operations at the
permitted source. The notification must identify the owner, the current
location, and the last operating location of the permitted source. It
is not necessary to submit a report of closure for regular, seasonal
closures.
(iv) Annual reports. The permittee shall submit an annual report on
or before March 15 of each calendar year to the reviewing authority.
The annual report shall cover the period from January 1 to December 31
of the previous calendar year and shall include:
(A) An evaluation of the permitted source's compliance status with
the requirements in paragraph (d)(2) of this section;
(B) Summaries of the required monitoring and recordkeeping above in
paragraphs (d)(3) and (4) of this section; and
(C) Summaries of deviation reports submitted pursuant to paragraph
(d)(5)(v) of this section.
(v) Deviation reports. The permittee shall promptly report to the
reviewing authority any deviations as defined at 40 CFR
71.6(a)(3)(iii)(C) from permit by rule requirements including
deviations attributable to upset conditions. (For the purposes of this
permit by rule, promptly shall be defined to mean: At the time the
annual report in Sec. 49.162(d)(5)(iv) is submitted.) Deviation
reports shall include:
(A) The identity of the affected emissions unit(s) where the
deviation occurred;
(B) The nature of the deviation;
(C) The length of time of the deviation;
(D) The probable cause of the deviation; and
(E) Any corrective actions or preventive measures taken as a result
of the deviation to minimize emissions from the deviation and to
prevent future deviations.
(vi) Performance test reports. The permittee shall submit a test
report to the reviewing authority within 45 days after the completion
of any required performance test. At a minimum, the test report shall
include:
(A) A description of the affected emissions unit and sampling
location(s);
(B) The time and date of each test;
(C) A summary of test results, reported in units consistent with
the applicable standard;
(D) A description of the test methods and quality assurance
procedures used;
(E) A summary of any deviations from the proposed test plan and
justification for why the deviation(s) was necessary;
(F) The amount of fuel burned, raw material consumed, and product
produced during each test run;
(G) Operating parameters of the affected emissions units and
control equipment during each test run;
(H) Sample calculations of equations used to determine test results
in the appropriate units; and
(I) The name of the company or entity performing the analysis.
(vii) Reporting and notification address. The permittee shall send
all required reports to the reviewing authority at the mailing address
specified in paragraph (g) of this section.
(viii) Signature verifying truth, accuracy and completeness. All
reports required by this permit by rule shall be signed by a
responsible official as to the truth, accuracy and completeness of the
information. The report must state that, based on information and
belief formed after reasonable inquiry, the statements and information
are true, accurate, and complete. If the permittee discovers that any
reports or notification submitted to the reviewing authority contain
false, inaccurate, or incomplete information, the permittee shall
notify the reviewing authority immediately and correct or amend the
report as soon as practicable.
(6) Changes to this permit by rule--(i) Revising, reopening,
revoking and reissuing, or terminating for cause. The permit by rule
may be revised,

[[Page 25097]]

reopened, revoked and reissued, or terminated for cause. The filing of
a request by the permittee for a permit revision, revocation and re-
issuance, or termination, or of a notification of planned changes or
anticipated noncompliance does not stay any permit by rule condition.
This provision also applies to the documents incorporated by reference.
(ii) Terminating coverage under this permit by rule. The reviewing
authority may terminate coverage under the permit by rule, and thereby
terminate that permittee's authorization to construct or modify, and
that permitted source's authorization to operate under this permit by
rule for cause as defined in paragraph (b) of this section. The
reviewing authority may provide the permittee with notice of the intent
to terminate, and delay the effective date of the termination to allow
the permittee to obtain a source-specific permit as required by the
reviewing authority.
(iii) Permit becomes invalid. Authority to construct and operate
under this permit by rule becomes invalid if the permittee does not
commence construction within 18 months after the notification of
coverage is received by the reviewing authority, if the permittee
discontinues construction for a period of 18 months or more, or if the
permittee does not complete construction within a reasonable time. The
reviewing authority may extend the 18-month period upon a satisfactory
showing that an extension is justified, according to 40 CFR
49.156(e)(8).
(e) Standards for batch-loaded cold cleaner degreasers. (1) Each
degreaser shall be operated in accordance with the manufacturer's
specifications and shall be used with tightly fitting covers that are
free of cracks, holes, or other defects. In addition, the cover shall
be closed at all times when the degreaser contains solvent, except
during parts entry and removal or performing maintenance or monitoring
that requires the removal of the cover.
(2) The solvent container shall be free of all liquid leaks.
Auxiliary degreaser equipment, such as pumps, water separators, steam
traps, or distillation units, shall not have any liquid leaks, visible
tears, or cracks. In addition, any liquid leak, visible tear, or crack
detected pursuant to the provisions of this condition shall be repaired
within 48 hours, or the degreaser shall be drained of all solvent and
shut down until replaced or repaired.
(3) All waste solvents shall be stored in properly identified and
sealed containers. All associated pressure relief devices shall not
allow liquid solvents to drain out.
(4) Solvent flow cleaning shall be done within the freeboard area,
and shall be done by a liquid stream rather than a fine, atomized, or
shower-type spray. Solvent flow shall be directed downward to avoid
turbulence at the air-solvent interface and to prevent liquid solvent
from splashing outside of the degreaser.
(5) Degreasing of porous or absorbent materials, such as cloth,
leather, wood, or rope is prohibited.
(6) Workspace and ventilation fans shall not be positioned in such
a way as to direct airflow near the degreaser openings.
(7) Spills during solvent transfer shall be wiped up immediately
and the used wipe rags shall be stored in closed containers that are
handled in accordance with paragraph (e)(3) of this section.
(8) Solvent levels shall not exceed the fill line.
(9) The parts to be cleaned shall be racked in a manner that will
minimize the drag-out losses.
(10) The freeboard ratio shall be 0.75 or greater. Parts shall be
drained immediately after the cleaning until at least 15 seconds have
elapsed; or dripping of solvent ceases; or the parts become visibly
dry. Parts with blind holes or cavities shall be tipped or rotated
before being removed from a degreaser, such that the solvents in the
blind holes or cavities are drained in accordance with the above
requirements.
(11) Draining or filling of solvent containers shall be performed
beneath the liquid solvent surface.
(12) Solvent agitation, where necessary, shall be carried out only
by pump recirculation, ultrasonics, a mixer, or by air agitation. Air
agitation shall be accomplished under the following conditions:
(i) The air agitation unit shall be equipped with a gauge and a
device that limits air pressure into the degreaser to less than two
pounds per square inch gauge;
(ii) The cover must remain closed while the air agitation system is
in operation; and
(iii) Pump circulation shall be performed without causing
splashing.
(13) Airless/Air-tight Cleaning System Requirements--In lieu of
meeting the requirements of paragraphs (e)(1) through (12) of this
section, the permittee may use an airless/air-tight batch cleaning
system provided that all of the following applicable requirements are
met:
(i) The equipment is operated in accordance with the manufacturer's
specifications and operated with a door or other pressure sealing
apparatus that is in place during all cleaning and drying cycles.
(ii) All waste solvents are stored in properly identified and
sealed containers.
(iii) All associated pressure relief devices shall not allow liquid
solvents to drain out.
(iv) Spills during solvent transfer shall be wiped up immediately,
and the used wipe rags shall be stored in closed containers that are
handled in accordance with paragraph (e)(3) of this section.
(v) The equipment is maintained in a vapor-tight, leak-free
condition and any leak is a violation.
(f) Training and certification requirements for spray-applied
surface coating personnel. The owner or operator of the permitted
source must ensure and certify that all new and existing personnel,
including contract personnel, who spray apply surface coatings are
trained in the proper application of surface coatings as required by
this permit by rule. The training program must include, at a minimum,
the items listed in this paragraph (f). All personnel must be trained
no later than 180 days after hiring.
(1) A list of all current personnel by name and job description who
are required to be trained.
(2) Hands-on and classroom instruction that addresses, at a
minimum, initial and refresher training in the following topics:
(i) Spray gun equipment selection, set up, and operation, including
measuring coating viscosity, selecting the proper fluid tip or nozzle,
and achieving the proper spray pattern, air pressure and volume, and
fluid delivery rate.
(ii) Spray technique for different types of coatings to improve
transfer efficiency and minimize coating usage and overspray, including
maintaining the correct spray gun distance and angle to the part, using
proper banding and overlap, and reducing lead and lag spraying at the
beginning and end of each stroke.
(iii) Routine spray booth and filter maintenance, including filter
selection and installation.
(iv) Compliance with the requirements of this Permit by Rule.
(3) A description of the methods to be used at the completion of
initial or refresher training to demonstrate, document, and provide
certification of successful completion of the required training. Owners
and operators who can

[[Page 25098]]

show by documentation or certification that a painter's work experience
and/or training has resulted in training equivalent to the training
required in paragraph (f)(2) of this section are not required to
provide the initial training required by that same paragraph to the
painter.
(4) Painter training that was completed within 5 years prior to the
date training is required, and that meets the requirements specified in
paragraph (f)(2) of this section satisfies this requirement and is
valid for a period not to exceed 5 years after the date the training
was completed.
(5) Training and certification will be valid for a period not to
exceed 5 years after the date the training is completed, and all
personnel must receive refresher training that meets the requirements
of this Sec. 49.162(f) and be re-certified every 5 years.
(g) List of reviewing authorities and areas of coverage.

Table 2--List of Reviewing Authorities and Areas of Coverage
----------------------------------------------------------------------------------------------------------------
Address for Address for all
EPA region notification of other notification Area covered Phone number
coverage and reports
----------------------------------------------------------------------------------------------------------------
Region I........................ EPA New England, 5 EPA New England, 5 Connecticut, 888-372-7341 617-
Post Office Post Office Maine, 918-1111
Square, Suite Square, Suite Massachusetts,
100, Mail Code 100, Mail Code New Hampshire,
OEP05-2, Boston, OES04-2, Boston, Rhode Island, and
MA 02109-3912. MA 02109-3912. Vermont.
Region II....................... Chief, Air Chief, Air New Jersey, New 877-251-4575
Programs Branch, Compliance York, Puerto
Clean Air and Branch, Division Rico, and Virgin
Sustainability of Enforcement Islands.
Division, EPA and Compliance
Region 2, 290 Assistance, EPA
Broadway, 25th Region 2, 290
Floor, New York, Broadway, 21st
NY 10007-1866. Floor, New York,
NY 10007-1866.
Region III...................... Office of Permits Office of Air Delaware, District 800-438-2474 215-
and Air Toxics, Enforcement and of Columbia, 814-5000
3AP10, EPA Region Compliance Maryland,
3, 1650 Arch Assurance, 3AP20, Pennsylvania,
Street, EPA Region 3, Virginia, and
Philadelphia, PA 1650 Arch Street, West Virginia.
19103. Philadelphia, PA
19103.
Region IV....................... Chief, Air Permits Chief, Air & EPCRA Alabama, Florida, 800-241-1754 404-
Section, EPA Enforcement Georgia, 562-9000
Region 4 APTMD, Branch, EPA Kentucky,
61 Forsyth Region 4 APTMD, Mississippi,
Street, Atlanta, 61 Forsyth North Carolina,
GA 30303. Street, SW, South Carolina,
Atlanta, GA 30303. and Tennessee.
Region V........................ Air Permits Air Enforcement Illinois, Indiana, 800-621-8431 312-
Section, Air and Compliance Michigan, 353-2000
Programs Branch Assurance Branch Minnesota, Ohio,
(AR-18J), EPA (AE-17J), Air and and Wisconsin.
Region 5, 77 West Radiation
Jackson Blvd, Division, EPA
Chicago, Illinois Region 5, 77 West
60604. Jackson Blvd,
Chicago, IL 60604.
Region VI....................... Multimedia Compliance and Arkansas, 800-887-6063 214-
Planning and Enforcement Louisiana, New 665-2760
Permitting Correspondence: Mexico, Oklahoma,
Division, EPA Compliance and Texas.
Region 6, 1445 Assurance and
Ross Avenue (6PD- Enforcement
R), Dallas, TX Division, EPA
75202. Region 6, 1445
Ross Avenue
(6EN), Dallas, TX
75202.
Region VII...................... Chief, Air Chief, Air Iowa, Kansas, 800-223-0425 913-
Permitting & Permitting & Missouri, and 551-7003
Compliance Compliance Nebraska.
Branch, EPA Branch, EPA
Region 7, 11201 Region 7, 11201
Renner Blvd, Renner Blvd,
Lenexa, KS 66219. Lenexa, KS 66219.
Region VIII..................... U.S. Environmental U.S. Environmental Colorado, Montana, 800-227-8917 303-
Protection Protection North Dakota, 312-6312
Agency, Region 8, Agency, Region 8, South Dakota,
Office of Office of Utah, and Wyoming.
Partnerships and Enforcement,
Regulatory Compliance &
Assistance, Environmental
Tribal Air Justice, Air
Permitting Toxics and
Program, 8P-AR, Technical
1595 Wynkoop Enforcement
Street, Denver, Program, 8ENF-AT,
Colorado 80202. 1595 Wynkoop
Street, Denver,
CO 80202.
Region IX....................... Chief, Permits Enforcement American Samoa, 866-EPA-9378 415-
Office (Air-3), Division Arizona, 947-8000
Air Division, EPA Director, Attn: California, Guam,
Region 9, 75 Air & TRI Section Hawaii, Navajo
Hawthorne St, San (ENF-2-1), EPA Nation Nevada,
Francisco, CA Region 9, 75 and Northern
94105. Hawthorne St, San Mariana Islands.
Francisco, CA
94105.
Region X........................ Tribal Air Permits Tribal Air Permits Alaska, Idaho, 800-424-4372 206-
Coordinator, U.S. Coordinator, U.S. Oregon, and 553-1200
EPA, Region 10, EPA, Region 10, Washington.
AWT-150, 1200 AWT-150, 1200
Sixth Avenue, Sixth Avenue,
Suite 900, Suite 900,
Seattle, WA 98101. Seattle, WA 98101.
----------------------------------------------------------------------------------------------------------------

0
5. Section 49.163 is added to read as follows:

Sec. 49.163 Air quality permit by rule for new or modified true minor
source petroleum dry cleaning facilities in Indian country.

(a) Abbreviations and acronyms:

CAA or the Act--Federal Clean Air Act
CFR--Code of Federal Regulations
EPA--United States Environmental Protection Agency
NAAQS--National Ambient Air Quality Standards
NSR--New Source Review
PSD--Prevention of Significant Deterioration

(b) Definitions for the purposes of this permit by rule--(1) Cause
means with respect to the reviewing authority's ability to terminate a
permitted source's coverage under a permit that:

[[Page 25099]]

(i) The permittee is not in compliance with the provisions of this
permit by rule;
(ii) The reviewing authority determines that the emissions
resulting from the construction or modification of the permitted source
significantly contribute to National Ambient Air Quality Standard
violations, which are not adequately addressed by the requirements in
this permit by rule;
(iii) The reviewing authority has reason to believe that the
permittee obtained coverage under the permit by rule by fraud or
misrepresentation; or
(iv) The permittee failed to disclose a material fact required by
the Notification of Coverage or the requirements applicable to the
permitted source of which the applicant had or should have had
knowledge at the time the permittee submitted the Notification of
Coverage.
(2) Construction means any physical change or change in the method
of operation including fabrication, erection, installation, demolition,
or modification of an affected emissions unit that would result in a
change of emissions.
(3) Notification of Coverage means the permit notification that
contains all of the information required in the standard notification
form for this permit by rule.
(4) Permittee means the owner or operator of a permitted source.
(5) Permitted source means each petroleum drying cleaning facility
for which a source submits a complete Notification of Coverage.
(6) Responsible official means one of the following:
(i) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is directly
responsible for the overall operation of the permitted source.
(ii) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively.
(iii) For a public agency: Either a principal executive officer or
ranking elected official, such as a chief executive officer having
responsibility for the overall operations of a principal geographic
unit of the agency.
(7) Solvent recovery dryer means a class of dry cleaning dyers that
employs a condenser to condense and recovery solvent vapors evaporated
in a closed-loop stream of heated air, together with the piping and
ductwork used in the installation of this device.
(c) Information about this permit by rule--(1) Applicability.
Pursuant to the provisions of the Clean Air Act (CAA), subchapter I,
part D and 40 CFR part 49, subpart C, this permit by rule authorizes
the construction or modification and the operation of each stationary
petroleum dry cleaning facility for which a reviewing authority
receives a completed Notification of Coverage (permitted source).
(2) Eligibility. To be eligible for coverage under this permit by
rule, the permitted source must qualify as a true minor source as
defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR
49.156(f)(6)(iii).
(3) Notification of Coverage. Requirements for submitting a
Notification of Coverage are contained in paragraph (d)(1) of this
section. The information contained in each permitted source's
Notification of Coverage is hereby enforceable under this permit by
rule.
(4) Termination. Paragraph (d)(6) of this section addresses a
reviewing authority's ability to revise, revoke and reissue, or
terminate coverage under this permit by rule. It also addresses the
reviewing authority's ability to terminate an individual permitted
source's coverage under this permit by rule.
(5) Definitions. The terms used herein shall have the meaning as
defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of
this section. If a term is not defined, it shall be interpreted in
accordance with normal business use.
(d) Permit by rule terms and conditions. The following applies to
each permittee and permitted source with respect to only the affected
emissions units and any associated air pollution control technologies
in that permitted source's Notification of Coverage.
(1) General provisions--(i) Obtaining coverage under this permit by
rule. To obtain coverage under this permit by rule, an applicant must
submit a completed Notification of Coverage to the appropriate
reviewing authority for the area in which the permitted source is or
will be located (the Notification of Coverage Form can be found at:
https://www.epa.gov/air/tribal/tribalnsr.html). Table 1 of paragraph (f)
of this section contains a list of reviewing authorities and their area
of coverage. You must also submit a copy of the Notification of
Coverage to the Indian governing body for any area in which the
permitted source will operate.
(ii) Construction and operation. The permittee shall construct or
modify and shall operate the affected emissions units and any
associated air pollution control technologies in compliance with this
permit by rule and all other applicable federal air quality
regulations; and in a manner consistent with representations made by
the permittee in the Notification of Coverage.
(iii) Locations. This permit by rule only authorizes the permittee
to construct or modify and to operate the permitted source at the
location listed in the Notification of Coverage for that permitted
source.
(iv) Liability. This permit by rule does not release the permittee
from any liability for compliance with other applicable federal and
tribal environmental laws and regulations, including the CAA.
(v) Severability. The provisions of this permit by rule are
severable. If any portion of this permit by rule is held invalid, the
remaining terms and conditions of this permit by rule shall remain
valid and in force.
(vi) Compliance. The permittee must comply with all provisions of
this permit, including emission limitations that apply to the affected
emissions units at the permitted source. Noncompliance with any permit
by rule provision is a violation of the permit by rule and may
constitute a violation of the CAA; is grounds for an enforcement
action; and is grounds for the reviewing authority to revoke and
terminate the permitted source's coverage under this permit by rule.
(vii) National Ambient Air Quality Standards (NAAQS)/Prevention of
Significant Deterioration (PSD) Protection. The permitted source must
not cause or contribute to a NAAQS violation or, in an attainment area,
must not cause or contribute to a PSD increment violation.
(viii) Unavailable defense. It is not a defense for the permittee
in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
provisions of this permit by rule.
(ix) Property rights. The permit by rule does not convey any
property rights of any sort or any exclusive privilege.
(x) Information requests. You, as the permittee, shall furnish to
the reviewing authority, within 30 days unless another timeframe is
specified by the EPA, any information that the reviewing authority may
request in writing to determine whether cause exists for revising,
revoking and reissuing, or terminating coverage under the permit by
rule or to determine compliance with the permit by rule. For any such
information claimed to be confidential, the permittee must submit a
claim of confidentiality

[[Page 25100]]

in accordance with 40 CFR part 2, subpart B.
(xi) Inspection and entry. Upon presentation of proper credentials,
the permittee must allow a representative of the reviewing authority
to:
(A) Enter upon the premises where a permitted source is located or
emissions-related activity is conducted or where records are required
to be kept under the conditions of the permit by rule;
(B) Have access to and copy, at reasonable times, any records that
are required to be kept under the conditions of the permit by rule;
(C) Inspect, during normal business hours or while the permitted
source is in operation, any facilities, equipment (including monitoring
and air pollution control equipment), practices or operations regulated
or required under the permit by rule;
(D) Sample or monitor, at reasonable times, substances or
parameters for the purpose of assuring compliance with the permit by
rule or other applicable requirements; and
(E) Record any inspection by use of written, electronic, magnetic
and photographic media.
(xii) Posting of coverage. The most current Notification of
Coverage for the permitted source must be posted prominently at the
facility, and each affected emissions unit and any associated air
pollution control technology must be labeled with the identification
number listed in the Notification of Coverage for that permitted
source.
(xiii) Duty to obtain a source-specific permit. If the reviewing
authority intends to terminate a permitted source's coverage under this
permit by rule for cause as provided in Sec. 49.163(d)(6), then the
permittee shall apply for and obtain a source-specific permit as
required by the reviewing authority.
(xiv) Credible evidence. For the purpose of establishing whether
the permittee violated or is in violation of any requirement of this
permit by rule, nothing shall preclude the use, including the exclusive
use, of any credible evidence or information relevant to whether a
permitted source would have been in compliance with applicable
requirements if the permittee had performed the appropriate performance
or compliance test or procedure.
(2) Emission limitations and standards. (i) The permittee shall
install, maintain, and operate each affected emissions unit, including
any associated air pollution control equipment, in a manner consistent
with good air pollution control practices for minimizing emissions of
NSR regulated pollutants and considering the manufacturer's recommended
operating procedures at all times, including periods of startup,
shutdown, maintenance and malfunction. The reviewing authority will
determine whether the permittee is using acceptable operating and
maintenance procedures based on information available to the reviewing
authority which may include, but is not limited to, monitoring results,
opacity observations, review of operating and maintenance procedures,
and inspection of the permitted source.
(ii) The permittee shall not consume more than the amount of
petroleum solvent specified below:
(A) 5,600 gallons per year based on a rolling 12-month total for a
facility located in an ozone attainment, unclassifiable or attainment/
unclassifiable area; or
(B) 1,300 gallons per year based on a rolling 12-month total for a
facility located in an ozone nonattainment area.
(iii) If your facility has a total manufacturer's rated dryer
capacity equal to or greater than 38 kilograms (84 pounds), then you
shall meet the following requirements:
(A) Each petroleum solvent dry cleaning dryer shall be a solvent
recovery dryer. The solvent recovery dryer(s) shall be properly
installed, operated and maintained according to the manufacturer's
specifications.
(B) Each petroleum solvent dry cleaning dryer located in a serious,
severe or extreme ozone nonattainment area shall be a closed loop, dry-
to-dry machine with a refrigerated condenser (manufacture red on or
after October 20, 2000) or with an evaporatively cooled condenser
(manufacture red on or after July 9, 2004.)
(iv) The maximum heat input capacity of each fuel combustion unit
shall not exceed 10 MMBtu/hour and only natural gas, propane or butane
may be used as fuels.
(v) The total heat input capacity of the fuel combustion units
shall be equal to or less than 30 MMBtu/hour.
(vi) The capacity of any volatile organic liquid storage tank shall
not exceed 19,812 gallons.
(vii) All solvents shall be stored in closed containers.
(viii) Button and lint traps shall be cleaned each working day.
(ix) All washer lint traps, button traps, access doors, and other
parts of the equipment where solvent may be exposed to the atmosphere
shall be kept closed at all times except when required for proper
operation or maintenance.
(x) The still residue, used filtering material, lint, used solvent
and all other wastes containing solvent shall be stored in sealed
containers until properly disposed.
(xi) If your facility is located in a serious, severe or extreme
ozone nonattainment area, then the permittee shall also comply with the
additional equipment specifications and operating requirements
specified in Sec. 49.163(e).
(3) Monitoring and testing requirements. Each petroleum solvent dry
cleaning dryer shall be inspected every 15 calendar days for evidence
of leaks and all vapor or liquid leaks shall be repaired within the
subsequent 15 calendar day period.
(4) Recordkeeping requirements. (i) The permittee shall maintain
all records required to be kept by this permit by rule for at least 5
years from the date of origin, unless otherwise stated, either onsite
or at a convenient location, such that they can be delivered to the
reviewing authority within 24 hours of a request.
(ii) The Notification of Coverage and all documentation supporting
the notification shall be maintained by the permittee for the duration
of time the affected emissions unit(s) is covered under this permit by
rule.
(iii) The permittee shall maintain a log of:
(A) The results of the daily leak inspections, any corrective
actions taken to repair leaks, and the results of any corrective
actions taken;
(B) Each type of petroleum solvent used at the facility;
(C) The date, type, and amount of solvent (in gallons) added to the
solvent tank of each dry cleaning machine; and
(D) The monthly total gallons of petroleum solvent used and the
resulting 12-month rolling total of solvent used. The 12-month rolling
total is defined as the sum of the gallons of petroleum solvent used
during the current month and the gallons of petroleum solvent used for
the previous eleven (11) months.
(5) Notification and reporting requirements--(i) Notification of
construction or modification, and operations. The permittee shall
submit a written or electronic notice to the reviewing authority within
30 days from when the permittee begins actual construction, and within
30 days from when the permittee begins initial operations or resumes
operations after modification.
(ii) Notification of change in ownership or operator. If the
permitted source changes ownership or operator, then the new owner must
submit a written or electronic notice to the

[[Page 25101]]

reviewing authority within 90 days before or after the change in
ownership is effective. In the notice, the new permittee must provide
the reviewing authority a written agreement containing a specific date
for transfer of ownership, and an effective date on which the new owner
assumes partial and/or full coverage and liability under this permit by
rule. The submittal must identify the previous owner, and update the
name, street address, mailing address, contact information, and any
other information about the permitted source if it would change as a
result of the change of ownership. The current owner shall ensure that
the permitted source remains in compliance with the permit by rule
until such transfer of ownership is effective.
(iii) Notification of closure. The permittee must submit a report
of any permanent or indefinite closure to the reviewing authority in
writing within 90 days after the cessation of all operations at the
permitted source. It is not necessary to submit a report of closure for
regular, seasonal closures.
(iv) Annual reports. The permittee shall submit an annual report on
or before March 15 of each calendar year to the reviewing authority.
The annual report shall cover the period from January 1 to December 31
of the previous calendar year and shall include:
(A) An evaluation of the permitted source's compliance status with
the requirements in paragraph (d)(2) of this section;
(B) Summaries of the required monitoring and recordkeeping in
paragraphs (d)(3) and (4) of this section; and
(C) Summaries of deviation reports submitted pursuant to paragraph
(d)(5)(v) of this section.
(v) Deviation reports. The permittee shall promptly report to the
reviewing authority any deviations as defined at 40 CFR
71.6(a)(3)(iii)(C) from permit by rule requirements including
deviations attributable to upset conditions. (For the purposes of this
permit by rule, promptly shall be defined to mean: At the time the
annual report in paragraph (d)(5)(iv) of this section is submitted.)
Deviation reports shall include:
(A) The identity of affected emissions unit where the deviation
occurred.
(B) The nature of the deviation;
(C) The length of time of the deviation;
(D) The probable cause of the deviation; and
(E) Any corrective actions or preventive measures taken as a result
of the deviation to minimize emissions from the deviation and to
prevent future deviations.
(vi) Reporting and notification address. The permittee shall send
all required reports to the reviewing authority at the mailing address
specified in paragraph (f) of this section.
(vii) Signature verifying truth, accuracy and completeness. All
reports required by this permit by rule shall be signed by a
responsible official as to the truth, accuracy and completeness of the
information. The report must state that, based on information and
belief formed after reasonable inquiry, the statements and information
are true, accurate, and complete. If the permittee discovers that any
reports or notification submitted to the reviewing authority contain
false, inaccurate, or incomplete information, the permittee shall
notify the reviewing authority immediately and correct or amend the
report as soon as practicable.
(6) Changes to this permit by rule--(i) Revising, reopening,
revoking and reissuing, or terminating for cause. The permit by rule
may be revised, reopened, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit revision,
revocation and re-issuance, or termination, or of a notification of
planned changes or anticipated noncompliance does not stay any permit
by rule condition. This provision also applies to the documents
incorporated by reference.
(ii) Terminating coverage under this permit by rule. The reviewing
authority may terminate coverage under the permit by rule, and thereby
terminate that permittee's authorization to construct or modify, and
that permitted source's authorization to operate under this permit by
rule for cause as defined in paragraph (b) of this section. The
reviewing authority may provide the permittee with notice of the intent
to terminate, and delay the effective date of the termination to allow
the permittee to obtain a source-specific permit.
(iii) Permit becomes invalid. Authority to construct and operate
under this permit by rule becomes invalid if the permittee does not
commence construction within 18 months after the effective date of the
Request for Coverage under the permit by rule, if the permittee
discontinues construction for a period of 18 months or more, or if the
permittee does not complete construction within a reasonable time. The
reviewing authority may extend the 18-month period upon a satisfactory
showing that an extension is justified according to 40 CFR
49.156(e)(8).
(e) Petroleum dry cleaning facilities in certain nonattainment
areas. For facilities located in serious, severe, or extreme ozone
nonattainment areas, the permittee shall operate and maintain the
solvent dry cleaning system in accordance with the requirements
specified below and in accordance with the manufacturer's
recommendations:
(1) General specifications. (i) All parts of the dry cleaning
system where solvent may be exposed to the atmosphere or workroom shall
be kept closed at all times except when access is required for proper
operation and maintenance.
(ii) Wastewater evaporators shall be operated to ensure that no
liquid solvent or visible emulsion is allowed to vaporize to the
atmosphere.
(2) Additional specification for closed-loop machines. (i) A
closed-loop machine means dry cleaning equipment in which washing,
extraction, and drying is performed within the same single affected
emissions unit and which re-circulates and recovers the solvent-laden
vapor.
(ii) A closed-loop machine shall not exhaust to the atmosphere or
workroom during operation except when the vacuum pump exhausts to
maintain a continuous vacuum.
(iii) For any closed-loop machine that is not equipped with a
locking mechanism, the operator shall not open the door of a closed-
loop machine prior to completion of the drying cycle.
(iv) For any closed-loop machine that is equipped with a locking
mechanism, the operator shall not inactivate the locking mechanism and
open the door of a closed-loop machine prior to completion of the
drying cycle.
(3) Leak check and repair requirements. (i) No less frequently than
monthly, the owner or operator shall inspect the dry cleaning system
for liquid and vapor leaks, including, but not limited to, the
following:
(A) Hose connections, unions, couplings, valves, and flanges;
(B) Machine door gasket and seating of the machine cylinder;
(C) Filter head gasket and seating;
(D) Pumps;
(E) Base tanks and storage containers;
(F) Water separators;
(G) Filter sludge recovery;
(H) Seals and gaskets of distillation unit(s);
(I) Diverter valves;
(J) Saturated lint from lint trap basket;
(K) Button trap lid;
(L) Cartridge or other types of filters;
(M) Seals, gaskets and the diverter valve of the refrigerated
condenser;
(N) Exhaust stream ducts;
(O) Lint trap ducts; and
(P) Gaskets and ducts of the carbon adsorber.

[[Page 25102]]

(ii) To inspect for a vapor leak, the operator shall use at least
one of the following techniques:
(A) Soap bubble technique in accordance with the procedures in EPA
Method 21, section 4.3.3--Alternative Screening Procedure;
(B) A non-halogenated hydrocarbon detector;
(C) A portable hydrocarbon analyzer; or
(D) An alternative method approved by the reviewing authority.
(iii) To inspect for a liquid leak, the operator shall visually
inspect the equipment for liquid leaking in a visible mist or at the
rate of more than one drop every 3 minutes.
(iv) Any liquid leak or vapor leak that has been detected by the
operator shall be repaired within 3 working days of detection. If
repair parts are not available at the facility, the parts shall be
ordered within 2 working days of detecting such a leak and the operator
shall provide written notification to the reviewing authority that
explains the reason(s) for delaying the leak repair. Such repair parts
shall be installed within 5 working days after receipt. A facility with
a leak that has not been repaired by the end of the 7th working day
after detection shall not operate the dry cleaning equipment, until the
leak is repaired.
(f) List of reviewing authorities and areas of coverage.

Table 1--List of Reviewing Authorities and Areas of Coverage
----------------------------------------------------------------------------------------------------------------
Address for all
Address for other
EPA region notification of notifications and Area covered Phone number
coverage reports
----------------------------------------------------------------------------------------------------------------
Region I........................ EPA New England, 5 EPA New England, 5 Connecticut, 888-372-7341 617-
Post Office Post Office Maine, 918-1111
Square, Suite Square, Suite Massachusetts,
100, Mail Code 100, Mail Code New Hampshire,
OEP05-2, Boston, OES04-2, Boston, Rhode Island, and
MA 02109-3912. MA 02109-3912. Vermont.
Region II....................... Chief, Air Chief, Air New Jersey, New 877-251-4575
Programs Branch, Compliance York, Puerto
Clean Air and Branch, Division Rico, and Virgin
Sustainability of Enforcement Islands.
Division, EPA and Compliance
Region 2, 290 Assistance, EPA
Broadway, 25th Region 2, 290
Floor, New York, Broadway, 21st
NY 10007-1866. Floor, New York,
NY 10007-1866.
Region III...................... Office of Permits Office of Air Delaware, District 800-438-2474 215-
and Air Toxics, Enforcement and of Columbia, 814-5000
3AP10, EPA Region Compliance Maryland,
3, 1650 Arch Assurance, 3AP20, Pennsylvania,
Street, EPA Region 3, Virginia, and
Philadelphia, PA 1650 Arch Street, West Virginia.
19103. Philadelphia, PA
19103.
Region IV....................... Chief, Air Permits Chief, Air & EPCRA Alabama, Florida, 800-241-1754 404-
Section, EPA Enforcement Georgia, 562-9000
Region 4 APTMD, Branch, EPA Kentucky,
61 Forsyth Region 4 APTMD, Mississippi,
Street, Atlanta, 61 Forsyth Street North Carolina,
GA 30303. SW., Atlanta, GA South Carolina,
30303. and Tennessee.
Region V........................ Air Permits Air Enforcement Illinois, Indiana, 800-621-8431 312-
Section, Air and Compliance Michigan, 353-2000
Programs Branch Assurance Branch Minnesota, Ohio,
(AR-18J), EPA (AE-17J), Air and and Wisconsin.
Region 5, 77 West Radiation
Jackson Blvd, Division, EPA
Chicago, IL 60604. Region 5, 77 West
Jackson Blvd,
Chicago, IL 60604.
Region VI....................... Multimedia Compliance and Arkansas, 800-887-6063 214-
Planning and Enforcement Louisiana, New 665-2760
Permitting Correspondence:, Mexico, Oklahoma,
Division, EPA Compliance and Texas.
Region 6, 1445 Assurance and
Ross Avenue (6PD- Enforcement
R), Dallas, TX Division, EPA
75202. Region 6, 1445
Ross Avenue
(6EN), Dallas, TX
75202.
Region VII...................... Chief, Air Chief, Air Iowa, Kansas, 800-223-0425 913-
Permitting & Permitting & Missouri, and 551-7003
Compliance Compliance Nebraska.
Branch, EPA Branch, EPA
Region 7, 11201 Region 7, 11201
Renner Blvd, Renner Blvd,
Lenexa, KS 66219. Lenexa, KS 66219.
Region VIII..................... U.S. Environmental U.S. Environmental Colorado, Montana, 800-227-8917 303-
Protection Protection North Dakota, 312-6312
Agency, Region 8, Agency, Region 8, South Dakota,
Office of Office of Utah, and Wyoming.
Partnerships and Enforcement,
Regulatory Compliance &
Assistance, Environmental
Tribal Air Justice, Air
Permitting Toxics and
Program, 8P-AR, Technical
1595 Wynkoop Enforcement
Street, Denver, Program, 8ENF-AT,
CO 80202. 1595 Wynkoop
Street, Denver,
CO 80202.
Region IX....................... Chief, Permits Enforcement American Samoa, 866-EPA-9378 415-
Office (Air-3), Division Arizona, 947-8000
Air Division, EPA Director, Attn: California, Guam,
Region 9, 75 Air & TRI Section Hawaii, Navajo
Hawthorne St, San (ENF-2-1), EPA Nation Nevada,
Francisco, CA Region 9, 75 and Northern
94105. Hawthorne St, San Mariana Islands.
Francisco, CA
94105.
Region X........................ Tribal Air Permits Tribal Air Permits Alaska, Idaho, 800-424-4372 206-
Coordinator, U.S. Coordinator, U.S. Oregon, and 553-1200
EPA, Region 10, EPA, Region 10, Washington.
AWT-150, 1200 AWT-150, 1200
Sixth Avenue, Sixth Avenue,
Suite 900, Suite 900,
Seattle, WA 98101. Seattle, WA 98101.
----------------------------------------------------------------------------------------------------------------

0
6. Section 49.164 is added to read as follows:

Sec. 49.164 Air quality permit by rule for new or modified true minor
source gasoline dispensing facilities in Indian country.

(a) Abbreviations and acronyms:

AST Aboveground Storage Tank
CAA or the Act Federal Clean Air Act
CFR Code of Federal Regulations

[[Page 25103]]

EPA United States Environmental Protection Agency
GDF Gasoline Dispensing Facility
NAAQS National Ambient Air Quality Standards
NSR New Source Review
ppm parts per million
PSD Prevention of Significant Deterioration
PV Pressure/Vacuum
VOC Volatile Organic Compounds

(b) Definitions for the purposes of this permit by rule. (1) Cause
means with respect to the reviewing authority's ability to terminate a
permitted source's coverage under a permit that:
(i) The permittee is not in compliance with the provisions of this
permit by rule;
(ii) The reviewing authority determines that the emissions
resulting from the construction or modification of the permitted source
significantly contribute to NAAQS violations, which are not adequately
addressed by the requirements in this permit by rule;
(iii) The reviewing authority has reasonable cause to believe that
the permittee obtained coverage under the permit by rule by fraud or
misrepresentation; or
(iv) The permittee failed to disclose a material fact required by
the Notification of Coverage or the requirements applicable to the
permitted source of which the applicant had or should have had
knowledge at the time the permittee submitted the Notification of
Coverage.
(2) Construction means any physical change or change in the method
of operation including fabrication, erection, installation, demolition,
or modification of an affected emissions unit that would result in a
change of emissions.
(3) Dual-point vapor balance system means a type of vapor balance
system in which the storage tank is equipped with an entry port for a
gasoline fill pipe and a separate exit port for a vapor connection.
(4) Emergency engine means any stationary reciprocating internal
combustion engine that meets all of the criteria in paragraphs
(b)(4)(i) through (iii) of this section. All emergency engines must
comply with the requirements specified in 40 CFR 63.6640(f) in order to
be considered emergency engines. If the engine does not comply with the
requirements specified, then it is not considered to be an emergency
engine.
(i) The engine is operated to provide electrical power or
mechanical work during an emergency situation. Examples include engines
used to produce power for critical networks or equipment (including
power supplied to portions of a facility) when electric power from the
local utility (or the normal power source, if the facility runs on its
own power production) is interrupted, or an engine used to pump water
in the case of fire or flood, etc.
(ii) The engine is operated under limited circumstances for
situations not included in paragraph (b)(4)(i) of this section, as
specified in 40 CFR 63.6640(f).
(iii) The engine operates as part of a financial arrangement with
another entity in situations not included in paragraph (b)(4)(i) of
this definition only as allowed in 40 CFR 63.6640(f).
(5) Notification of Coverage means the permit notification that
contains all the information required in the standard notification form
for this permit by rule.
(6) Permittee means the owner or operator of a permitted source.
(7) Permitted source means each gasoline dispensing facility for
which a permitted source submits a complete Notification of Coverage.
(8) Responsible official means one of the following:
(i) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of such person if the representative is directly
responsible for the overall operation of the permitted source;
(ii) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively; or
(iii) For a public agency: Either a principal executive officer or
ranking elected official, such as a chief executive officer having
responsibility for the overall operations of a principal geographic
unit of the agency.
(9) Submerged filling means the filling of a gasoline storage tank
through a submerged fill pipe whose discharge is no more than 6 inches
from the bottom of the tank. Bottom filling of gasoline storage tanks
is covered under this submerged filling definition.
(10) Ullage means the volume of a container not occupied by liquid.
For example, the ullage of a tank designed primarily for containing
liquid is the volume of the tank minus the volume of the liquid it
contains.
(11) Vapor balance system means a combination of pipes and hoses
that create a closed system between the vapor spaces of an unloading
gasoline cargo tank and a receiving storage tank such that vapors
displaced from the storage tank are transferred to the gasoline cargo
tank being unloaded.
(12) Vapor tight means equipment that allows no loss of vapors.
Compliance with vapor-tight requirements can be determined by checking
to ensure that the concentration at a potential leak source is not
equal to or greater than 100 percent of the lower explosive limit when
measured with a combustible gas detector, calibrated with propane, at a
distance of 1 inch from the potential leak source.
(c) Information about this permit by rule--(1) Applicability.
Pursuant to the provisions of the CAA, subchapter I, part D and 40 CFR
part 49, subpart C, this permit authorizes the construction or
modification and the operation of each stationary gasoline dispensing
facility (GDF) for which a reviewing authority receives a completed
Notification of Coverage (permitted source).
(2) Eligibility. To be eligible for coverage under this permit by
rule, the permitted source must qualify as a true minor source as
defined in 40 CFR 49.152 and satisfied the requirements in 40 CFR
49.156(f)(6)(iii). In addition, coverage under this Permit by Rule is
not available in areas located within the geographic boundaries of
California.
(3) Notification of Coverage. Requirements for submitting a
Notification of Coverage are contained in paragraph (d)(1) of this
permit by rule. The information contained in each permitted source's
Notification of Coverage is hereby enforceable under this permit by
rule.
(4) Termination. Paragraph (d)(6) of this permit by rule addresses
a reviewing authority's ability to revise, revoke and reissue, or
terminate coverage under this permit by rule. It also addresses the
reviewing authority's ability to terminate an individual permitted
source's coverage under this permit by rule.
(5) Definitions. The terms used herein shall have the meaning as
defined in 40 CFR 49.152, unless otherwise defined in paragraph (b) of
this permit by rule. If a term is not defined, it shall be interpreted
in accordance with normal business use.
(d) Permit by rule terms and conditions. The following applies to
each permittee and permitted source with respect to only the affected
emissions units and any associated air pollution control technologies
in that permitted source's Notification of Coverage.
(1) General provisions--(i) Obtaining coverage under this permit by
rule. To obtain coverage under this permit by rule, an applicant must
submit a completed Notification of Coverage to

[[Page 25104]]

the appropriate reviewing authority for the area in which the permitted
source is or will be located (the Notification of Coverage Form can be
found at: https://www.epa.gov/air/tribal/tribalnsr.html). Table 1 of
paragraph (f) contains a list of reviewing authorities and their area
of coverage. You must also submit a copy of the Notification of
Coverage to the Indian governing body for any area in which the
permitted source will operate. Coverage under this permit by rule is
not available in areas within the geographical boundaries of
California.
(ii) Construction and operation. The permittee shall construct or
modify and shall operate the affected emissions units and any
associated air pollution control technologies in compliance with this
permit by rule and all other applicable federal air quality
regulations; and in a manner consistent with representations made by
the permittee in the Notification of Coverage.
(iii) Locations. This permit by rule only authorizes the permittee
to construct or modify and to operate the permitted source in the
location(s) listed in the Notification of Coverage for that permitted
source.
(iv) Liability. This permit by rule does not release the permittee
from any liability for compliance with other applicable federal and
tribal environmental laws and regulations, including the CAA.
(v) Severability. The provisions of this permit by rule are
severable. If any portion of this permit by rule is held invalid, the
remaining terms and conditions of this permit by rule shall remain
valid and in force.
(vi) Compliance. The permittee must comply with all provisions of
this permit by rule, including emission limitations that apply to the
affected emissions units at the permitted source. Noncompliance with
any permit provision is a violation of this permit by rule and may
constitute a violation of CAA; is grounds for an enforcement action;
and is grounds for the reviewing authority to revoke and terminate the
permitted source's coverage under this permit by rule.
(vii) National Ambient Air Quality Standards (NAAQS)/Prevention of
Significant Deterioration (PSD) Protection. The permitted source must
not cause or contribute to a NAAQS violation or, in an attainment area,
must not cause or contribute to a PSD increment violation.
(viii) Unavailable defense. It is not a defense for the permittee
in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
provisions of this permit by rule.
(ix) Property rights. This permit by rule does not convey any
property rights of any sort or any exclusive privilege.
(x) Information requests. You, as the permittee, shall furnish to
the reviewing authority, within 30 days unless another timeframe is
specified by the EPA, any information that the reviewing authority may
request in writing to determine whether cause exists for revising,
revoking and reissuing, or terminating coverage under the permit by
rule or to determine compliance with the permit by rule. For any such
information claimed to be confidential, the permittee must submit a
claim of confidentiality in accordance with 40 CFR part 2 subpart B.
(xi) Inspection and entry. Upon presentation of proper credentials,
the permittee must allow a representative of the reviewing authority
to:
(A) Enter upon the premises where a permitted source is located or
emissions-related activity is conducted or where records are required
to be kept under the conditions of the permit by rule;
(B) Have access to and copy, at reasonable times, any records that
are required to be kept under the conditions of the permit by rule;
(C) Inspect, during normal business hours or while the permitted
source is in operation, any facilities, equipment (including monitoring
and air pollution control equipment), practices or operations regulated
or required under the permit by rule;
(D) Sample or monitor, at reasonable times, substances or
parameters for the purpose of assuring compliance with the permit by
rule or other applicable requirements; and
(E) Record any inspection by use of written, electronic, magnetic
and photographic media.
(xii) Posting of coverage. The most current Notification of
Coverage for the permitted source, must be posted prominently at the
facility, and each affected emissions unit and any associated air
pollution control technology must be labeled with the identification
number listed in the Notification of Coverage for that permitted
source.
(xiii) Duty to obtain source-specific permit. If the reviewing
authority intends to terminate a permitted source's coverage under this
permit by rule for cause as provided in Sec. 49.164(d)(6), then the
permittee shall apply for and obtain a source-specific as required by
the reviewing authority.
(xiv) Credible evidence. For the purpose of establishing whether
the permittee violated or is in violation of any requirement of this
permit by rule, nothing shall preclude the use, including the exclusive
use, of any credible evidence or information relevant to whether a
permitted source would have been in compliance with applicable
requirements if the permittee had performed the appropriate performance
or compliance test or procedure.
(2) Emission limitations and standards. (i) The permittee shall
install, maintain, and operate each affected emissions unit, including
any associated air pollution control equipment, in a manner consistent
with good air pollution control practices for minimizing emissions of
NSR regulated pollutants and considering the manufacturer's recommended
operating procedures at all times, including periods of startup,
shutdown, maintenance and malfunction. The reviewing authority will
determine whether the permittee is using acceptable operating and
maintenance procedures based on information available to the reviewing
authority which may include, but is not limited to, monitoring results,
opacity observations, review of operating and maintenance procedures,
and inspection of the permitted source.
(ii) GDFs located in an ozone attainment, unclassifiable or
attainment/unclassifiable area or a marginal or moderate ozone
nonattainment area shall limit throughput of gasoline to less than
25,000,000 gallons per year based on a 12-month rolling total.
(iii) GDFs located in a serious, severe or extreme ozone
nonattainment area shall limit throughput of gasoline to less than
8,000,000 gallons per year based on a 12-month rolling total.
(iv) You must ensure gasoline is handled in a manner that will
minimize vapor releases to the atmosphere. The measures to be taken
include:
(A) Minimizing gasoline spills;
(B) Cleaning up spills as expeditiously as practicable. The spill
bucket shall be free from standing liquid and debris;
(C) Covering all open gasoline containers and all gasoline storage
tank fill-pipes with a gasketed seal when not in use (all portable
gasoline containers that meet the requirements of 40 CFR part 59,
subpart F meet this requirement);
(D) Minimizing gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators; and

[[Page 25105]]

(E) To the extent practicable, any other actions necessary to
minimize vapor releases to the atmosphere.
(v) Except as specified in paragraph (d)(2)(v)(B) of this section,
you must only load gasoline into storage tanks at your facility by
utilizing submerged filling, and as specified in this condition. The
applicable distances shall be measured from the point in the opening of
the submerged fill pipe that is the greatest distance from the bottom
of the storage tank.
(A) Submerged fill pipes must be no more than 6 inches from the
bottom of the tank.
(B) Submerged fill pipes not meeting the specifications paragraph
(d)(2)(v)(A) of this section are allowed if the owner or operator can
demonstrate that the liquid level in the tank is always above the
entire opening of the fill pipe. Documentation providing such
demonstration must be made available onsite for inspection by the
reviewing authority.
(vi) Except as provided in paragraph (d)(2)(viii) of this section,
each new or modified gasoline storage tank constructed must be equipped
with a Stage I dual-point vapor balance system.
(vii) Except as provided in paragraph (d)(2)(viii) of this section,
each Stage I dual-point vapor balance system on your gasoline storage
tank must meet the design criteria and management practices in
paragraph (e) of this section, as applicable.
(viii) The affected emissions units listed below are not required
to comply with the control requirements in paragraphs (d)(2)(vi) and
(vii) of this section, but must comply with the requirements in
paragraph (d)(2)(v) of this section.
(A) Gasoline storage tanks with a capacity of less than 250
gallons.
(B) Gasoline storage tanks with a capacity of less than 2,000
gallons.
(C) Gasoline storage tanks equipped with floating roofs, or the
equivalent.
(ix) Cargo tanks unloading at GDFs must not unload gasoline into a
storage tank at a GDF unless the following management practices are
met:
(A) All hoses in the vapor balance system are properly connected;
(B) The adapters or couplers that attach to the vapor line on the
storage tank have closures that seal upon disconnect;
(C) All vapor return hoses, couplers, and adapters used in gasoline
delivery are vapor-tight;
(D) All tank truck vapor return equipment is compatible in size and
forms a vapor-tight connection with the vapor balance equipment on the
GDF storage tank;
(E) All hatches on the tank truck are closed and securely fastened;
and
(F) The filling of storage tanks at GDF shall be limited to
unloading from vapor-tight gasoline cargo tanks.
(x) Each emergency engine shall:
(A) Be equipped with a non-resettable hour meter;
(B) If using fuel oil, use diesel or biodiesel containing no more
than 15 ppm (0.0015 percent) sulfur;
(C) Meet the following certification requirement for compression
ignition emergency engines: for model year 2006 and later engines, the
engine shall be certified to the standards in 40 CFR part 89.
(D) Meet the following certification requirements for spark
ignition emergency engines manufactured on or after January 1, 2009:
(1) Engines greater than 50 hp and less than 130 hp shall be
certified to the Phase I standards in 40 CFR 90.103; and
(2) Engines greater than or equal to 130 hp shall be certified to
the standards in 40 CFR 1048.
(E) If not required to be certified to the standards in paragraph
(d)(2)(x)(C) or (D) of this section:
(1) Follow the manufacturer's emission-related operation and
maintenance instructions or develop your own maintenance plan which
must provide to the extent practicable for the maintenance and
operation of the engine in a manner consistent with good air pollution
control practice for minimizing emissions;
(2) Change oil and filter and inspect every hose and belt every 500
hours of operation or annually, whichever comes first; and
(3) Inspect air cleaner or spark plugs, as applicable, every 1,000
hours of operation, or annually, whichever comes first.
(3) Monitoring and testing requirements. (i) For each vapor balance
system, the permittee shall perform an initial performance test as
prescribed in paragraph (e) of this section and every 3 years
thereafter. The performance test shall be conducted within 60 days
after achieving the maximum production rate at which the permitted
source will operate the affected vapor balance system, but not later
than 180 days after the first day of operation after the reviewing
authority receives the completed Notification of Coverage.
(ii) The permittee shall monitor monthly gasoline throughput in
gallons.
(iii) The permittee shall perform weekly inspections of the vapor
control recovery system(s), all pumps, compressors, pipes, hoses,
mechanical seals, or other equipment storing, handling, conveying, or
controlling VOCs. For sources located in extreme ozone nonattainment
areas, these equipment inspections shall be performed daily. The
inspections shall be used to determine whether all equipment is in good
working order according to any available manufacturer's recommendations
and good engineering practices.
(4) Recordkeeping requirements. (i) The permittee shall maintain
all records required to be kept onsite by this permit by rule for at
least 5 years from the date of origin, unless otherwise stated.
(ii) The Notification of Coverage and all documentation supporting
that application shall be maintained by the permittee for the duration
of time the affected emissions unit(s) is covered under this permit by
rule.
(iii) The permittee shall maintain records of each inspection
required by paragraph (d)(3)(iii) of this section. The records shall
include a log of:
(A) Identification of the devices inspected;
(B) The date of the inspection;
(C) The results of each inspection;
(D) Any corrective actions taken as a result of the inspection; and
(E) The results of any corrective actions taken.
(iv) For each emergency engine, the permittee shall maintain a log
of all maintenance activities conducted and a log of the hours of
operation including the date, time, duration, and reason for use.
(v) The permittee shall maintain records on a monthly basis of the
fuel throughput and the 12-month rolling total. The 12-month rolling
total is defined as the sum of the fuel throughput during the current
month and the fuel throughput for the previous 11 months.
(vi) The results of each performance test conducted pursuant to
Sec. 49.164(d)(3)(i) shall be recorded. At a minimum, the permittee
shall maintain records of:
(A) The date of each test;
(B) Each test plan;
(C) Any documentation required to approve an alternate test method;
(D) Test conditions;
(E) The results of each test; and
(F) The name of the company or entity conducting the analysis.
(5) Notification and reporting requirements--(i) Notification of
construction or modification, and operations. The permittee shall
submit a written or electronic notice to the reviewing authority within
30 days from when the permittee begins actual construction, and within
30 days from when the permittee begins initial operations or resumes
operation after a modification.

[[Page 25106]]

(ii) Notification of change in ownership or operator. If the
permitted source changes ownership or operator, then the new owner must
submit a written or electronic notice to the reviewing authority within
90 days before or after the change in ownership is effective. In the
notice, the new permittee must provide the reviewing authority a
written agreement containing a specific date for transfer of ownership,
and an effective date on which the new owner assumes partial and/or
full coverage and liability under this permit by rule. The submittal
must identify the previous owner, and update the name, street address,
mailing address, contact information, and any other information about
the permitted source if it would change as a result of the change of
ownership. The current owner shall ensure that the permitted source
remains in compliance with the permit by rule until any such transfer
of ownership is effective.
(iii) Notification of closure. The permittee must submit a report
of any permanent or indefinite closure to the reviewing authority in
writing within 90 days after the cessation of all operations at the
permitted source. The notification must identify the owner, the current
location, and the last operating location of the permitted source. It
is not necessary to submit a report of closure for regular, seasonal
closures.
(iv) Annual reports. The permittee shall submit an annual report on
or before March 15 of each calendar year to the reviewing authority.
The annual report shall cover the period from January 1 to December 31
of the previous calendar year and shall include:
(A) An evaluation of the permitted source's compliance status with
the emission limitations and standards in paragraph (d)(2) of this
section;
(B) Summaries of the required monitoring and recordkeeping in
paragraphs (d)(3) and (4) of this section; and
(C) Summaries of deviation reports submitted pursuant to paragraph
(d)(5)(v) of this section.
(v) Deviation reports. The permittee shall promptly report to the
reviewing authority any deviations as defined at 40 CFR
71.6(a)(3)(iii)(C) from the permit by rule requirements including
deviations attributable to upset conditions. (For the purposes of this
permit by rule, promptly shall be defined to mean: at the time the
annual report in paragraph (d)(5)(iv) of this section is submitted.)
Deviation reports shall include:
(A) The identity of affected emissions unit where the deviation
occurred;
(B) The nature of the deviation;
(C) The length of time of the deviation;
(D) The probable cause of the deviation; and
(E) Any corrective actions or preventive measures taken as a result
of the deviation to minimize emissions from the deviation and to
prevent future deviations.
(vi) Performance test reports. The permittee shall submit a test
report to the reviewing authority within 45 days after the completion
of any required performance test. At a minimum, the test report shall
include:
(A) A description of the affected emissions unit and sampling
location(s);
(B) The time and date of each test;
(C) A summary of test results, reported in units consistent with
the applicable standard;
(D) A description of the test methods and quality assurance
procedures used;
(E) A summary of any deviations from the proposed test plan and
justification for why the deviation(s) was necessary;
(F) Operating parameters of the affected emissions unit and control
equipment during each test run;
(G) Sample calculations of equations used to determine test results
in the appropriate units; and
(H) The name of the company or entity performing the analysis.
(vii) Reporting and notification address.The permittee shall send
all required reports to the reviewing authority at the mailing address
specified in paragraph (f) of this section.
(viii) Signature verifying truth, accuracy and completeness. All
reports required by this permit by rule shall be signed by a
responsible official as to the truth, accuracy and completeness of the
information. The report must state that, based on information and
belief formed after reasonable inquiry, the statements and information
are true, accurate, and complete. If the permittee discovers that any
reports or notification submitted to the reviewing authority contain
false, inaccurate, or incomplete information, the permittee shall
notify the reviewing authority immediately and correct or amend the
report as soon as practicable.
(6) Changes to this permit by rule-- (i) Revising, reopening,
revoking and reissuing, or terminating for cause. The permit by rule
may be revised, reopened, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit revision,
revocation and re-issuance, or termination, or of a notification of
planned changes or anticipated noncompliance does not stay any permit
by rule condition. This provision also applies to the documents
incorporated by reference.
(ii) Terminating coverage under this permit by rule. The reviewing
authority may terminate coverage under this permit by rule, and thereby
terminate that permittee's authorization to construct or modify, and
that permitted source's authorization to operate under this permit by
rule for cause as defined in paragraph (b) of this section. The
reviewing authority may provide the permittee with notice of the intent
to terminate, and delay the effective date of the termination to allow
the permittee to obtain a source specific permit as required by the
reviewing authority.
(iii) Permit becomes invalid. Authority to construct and operate
under this permit by rule becomes invalid if the permittee does not
commence construction within 18 months after the Notification of
Coverage is received by the reviewing authority, if the permittee
discontinues construction for a period of 18 months or more, or if the
permittee does not complete construction within a reasonable time. The
reviewing authority may extend the 18-month period upon a satisfactory
showing that an extension is justified according to 40 CFR
49.156(e)(8).
(e) Vapor balance system design criteria, management practices, and
performance testing. (1) Design criteria and management practices for
each vapor balance system:
(i) All vapor connections and lines on the storage tank(s) shall be
equipped with closures that seal upon disconnect.
(ii) The vapor line from the gasoline storage tank to the gasoline
cargo tank shall be vapor-tight.
(iii) The vapor balance system shall be designed such that the
pressure in the tank truck does not exceed 18 inches water pressure or
5.9 inches water vacuum during product transfer.
(iv) The vapor recovery and product adaptors, and the method of
connection with the delivery elbow, shall be designed so as to prevent
the over-tightening or loosening of fittings during normal delivery
operations.
(v) If a gauge well separate from the fill tube is used, it shall
be provided with a submerged drop tube that extends no more than 6
inches from the bottom of the storage tank.
(vi) Liquid fill connections for all systems shall be equipped with
vapor-tight caps.
(vii) Pressure/vacuum (PV) vent valves shall be installed on the
storage tank vent pipes. The pressure specifications for PV vent valves
shall be: a positive pressure setting of 2.5 to 6.0 inches of water and
a negative

[[Page 25107]]

pressure setting of 6.0 to 10.0 inches of water. The total leak rate of
all PV vent valves at an affected facility, including connections,
shall not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches
of water and 0.63 cubic foot per hour at a vacuum of 4 inches of water.
(viii) The vapor balance system shall be capable of meeting the
static pressure performance requirement of the following equation: Pf =
2e^-500.887/v, where: Pf = minimum allowable final pressure,
inches of water, v = total ullage affected by the test, gallons, e =
dimensionless constant equal to approximately 2.718, 2 = the initial
pressure, inches water.
(ix) For aboveground storage tanks (ASTs) with a capacity greater
than 250 gallons and located at a GDF in a serious, severe, or extreme
ozone nonattainment area the permittee shall also:
(A) Limit standing loss emissions to less than or equal to 0.57 lbs
VOC per 1,000 gallons ullage per day (lbs/1,000 gallons/day), for newly
installed tanks.
(B) Limit standing loss emissions to less than or equal to 2.26 lbs
VOC per 1,000 gallons ullage per day (lbs/1,000 gallons/day), for
modified or reconstructed tanks.
(2) Vapor balance system performance testing:
(i) The permittee shall conduct performance testing to demonstrate
compliance with the leak rate and cracking pressure requirements,
specified in paragraph (e)(1)(vii) of this section, for pressure-vacuum
vent valves installed on your gasoline storage tanks as follows:
(A) According to a test plan submitted at least 30 days in advance
of the test date to the reviewing authority; and
(B) Using California Air Resources Board Vapor Recovery Test
Procedure TP-201.1E,--Leak Rate and Cracking Pressure of Pressure/
Vacuum Vent Valves, adopted October 8, 2003 (see 40 CFR 63.14).
(ii) The permittee shall conduct performance testing to demonstrate
compliance with the static pressure performance requirement, specified
in paragraph (e)(1)(viii) of this section, for each vapor balance
system by conducting a static pressure test on each gasoline storage
tank as follows:
(A) According to a test plan submitted at least 30 days in advance
of the test date to the reviewing authority;
(B) Using California Air Resources Board Vapor Recovery Test
Procedure TP-201.3,--Determination of 2-Inch WC Static Pressure
Performance of Vapor Recovery Systems of Dispensing Facilities, adopted
April 12, 1996, and amended March 17, 1999 (see 40 CFR 63.14) or Bay
Area Air Quality Management District Source Test Procedure ST-30--
Static Pressure Integrity Test--Underground Storage Tanks, adopted
November 30, 1983, and amended December 21, 1994 (see 40 CFR 63.14);
and
(iii) For ASTs subject to Sec. 49.164(e)(1)(ix), the ASTs shall be
California Air Resources Board certified AST for Standing Loss Control
per Vapor Recovery Test Procedures TP-206.1 or TP-206.2.
(f) List of reviewing authorities, and areas of coverage.

Table 1--List of Reviewing Authorities, and Areas of Coverage
----------------------------------------------------------------------------------------------------------------
Address for Address for all
EPA region notification of other notification Area covered Phone number
coverage and reports
----------------------------------------------------------------------------------------------------------------
Region I................ EPA New England, 5 EPA New England, 5 Connecticut, Maine, 888-372-7341
Post Office Post Office Massachusetts, New 617-918-1111
Square, Suite 100, Square, Suite 100, Hampshire, Rhode
Mail Code OEP05-2, Mail Code OES04-2, Island, and
Boston, MA 02109- Boston, MA 02109- Vermont.
3912. 3912.
Region II............... Chief, Air Programs Chief, Air New Jersey, New 877-251-4575
Branch, Clean Air Compliance Branch, York, Puerto Rico,
and Sustainability Division of and Virgin Islands.
Division, EPA Enforcement and
Region 2, 290 Compliance
Broadway, 25th Assistance, EPA
Floor, New York, Region 2, 290
NY 10007-1866. Broadway, 21st
Floor, New York,
NY 10007-1866.
Region III.............. Office of Permits Office of Air Delaware, District 800-438-2474
and Air Toxics, Enforcement and of Columbia, 215-814-5000
3AP10, EPA Region Compliance Maryland,
3, 1650 Arch Assurance, 3AP20, Pennsylvania,
Street, EPA Region 3, 1650 Virginia, and West
Philadelphia, PA Arch Street, Virginia.
19103. Philadelphia, PA
19103.
Region IV............... Chief, Air Permits Chief, Air & EPCRA Alabama, Florida, 800-241-1754
Section, EPA Enforcement Georgia, Kentucky, 404-562-9000
Region 4 APTMD, 61 Branch, EPA Region Mississippi, North
Forsyth Street, 4 APTMD, 61 Carolina, South
Atlanta, GA 30303. Forsyth Street, Carolina, and
SW, Atlanta, GA Tennessee.
30303.
Region V................ Air Permits Air Enforcement and Illinois, Indiana, 800-621-8431
Section, Air Compliance Michigan, 312-353-2000
Programs Branch Assurance Branch Minnesota, Ohio,
(AR-18J), EPA (AE-17J), Air and and Wisconsin.
Region 5, 77 West Radiation
Jackson Blvd, Division, EPA
Chicago, IL 60604. Region 5, 77 West
Jackson Blvd,
Chicago, IL 60604.
Region VI............... Multimedia Planning Compliance and Arkansas, 800-887-6063
and Permitting Enforcement Louisiana, New 214-665-2760
Division, EPA Correspondence: Mexico, Oklahoma,
Region 6, 1445 Compliance and Texas.
Ross Avenue (6PD- Assurance and
R), Dallas, TX Enforcement
75202. Division, EPA
Region 6, 1445
Ross Avenue (6EN),
Dallas, TX 75202.
Region VII.............. Chief, Air Chief, Air Iowa, Kansas, 800-223-0425
Permitting & Permitting & Missouri, and 913-551-7003
Compliance Branch, Compliance Branch, Nebraska.
EPA Region 7, EPA Region 7,
11201 Renner Blvd, 11201 Renner Blvd,
Lenexa, KS 66219. Lenexa, KS 66219.

[[Page 25108]]

Region VIII............. U.S. Environmental U.S. Environmental Colorado, Montana, 800-227-8917
Protection Agency, Protection Agency, North Dakota, 303-312-6312
Region 8, Office Region 8, Office South Dakota,
of Partnerships of Enforcement, Utah, and Wyoming.
and Regulatory Compliance &
Assistance, Tribal Environmental
Air Permitting Justice, Air
Program, 8P-AR, Toxics and
1595 Wynkoop Technical
Street, Denver, CO Enforcement
80202. Program, 8ENF-AT,
1595 Wynkoop
Street, Denver, CO
80202.
Region IX............... Chief, Permits Enforcement American Samoa, 866-EPA-9378
Office (Air-3), Division Director, Arizona, 415-947-8000
Air Division, EPA Attn: Air & TRI California, Guam,
Region 9, 75 Section (ENF-2-1), Hawaii, Navajo
Hawthorne St, San EPA Region 9, 75 Nation Nevada, and
Francisco, CA Hawthorne St, San Northern Mariana
94105. Francisco, CA Islands.
94105.
Region X................ Tribal Air Permits Tribal Air Permits Alaska, Idaho, 800-424-4372
Coordinator, U.S. Coordinator, U.S. Oregon, and 206-553-1200
EPA, Region 10, EPA, Region 10, Washington.
AWT-150, 1200 AWT-150, 1200
Sixth Avenue, Sixth Avenue,
Suite 900, Suite 900,
Seattle, WA 98101. Seattle, WA 98101.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-09739 Filed 4-30-15; 8:45 am]
BILLING CODE 6560-50-P

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