[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41846-41871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16814]



[[Page 41845]]

Vol. 79

Thursday,

No. 137

July 17, 2014

Part V





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; Proposed Rule

  Federal Register / Vol. 79 , No. 137 / Thursday, July 17, 2014 / 
Proposed Rules  

[[Page 41846]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2011-0151; FRL-9913-50-OAR]
RIN 2060-AR98


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing general 
permits for use in Indian country pursuant to the Indian Country Minor 
New Source Review (NSR) rule for new or modified true minor sources in 
the following six source categories: Concrete batch plants, boilers, 
stationary spark ignition engines, stationary compression ignition 
engines, graphic arts and printing operations, and sawmills. In the 
alternative, the EPA is also proposing a permit by rule for use in 
Indian country for new or modified true minor sources in one of the six 
source categories: Graphic arts and printing operations.

DATES: Comments must be received on or before August 18, 2014.
    Public Hearing. We will hold a public hearing on August 7, 2014.
    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2011-
0151, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2011-0151 in the subject line of the message.
     Fax: (202) 566-9744, attention Docket ID No. EPA-HQ-OAR-
2011-0151.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2011-0151, EPA, 
Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. 
Please include a total of two copies.
     Hand Delivery: The EPA Docket Center, Public Reading Room, 
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC 20460, Attention Docket ID No. EPA-HQ-OAR-2011-0151. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0151. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. For additional instructions on 
submitting comments, go to Section I.B. of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: The EPA has established a docket for this rulemaking under 
Docket ID Number EPA-HQ-OAR-2011-0151. All documents in the docket are 
listed in the http://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 http://www.regulations.gov or under Docket ID Number 
EPA-HQ-OAR-2011-0151, EPA/DC, WJC West Building, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. 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 Docket is (202) 564-
1742.

ADDRESSES: The public hearing will be held on August 7, 2014, at the 
U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, 
Research Triangle Park, NC. The hearing will convene at 9:00 a.m. and 
end at 5:00 p.m. or after the last registered speaker has spoken, 
whichever is earlier. A lunch break is scheduled from 12:00 p.m. until 
1:00 p.m. The EPA's Web site for the rulemaking, which includes the 
proposal and information about the hearing, can be found at: http://www.epa.gov/air/tribal/tribalnsr.html.
    The hearing will provide interested parties the opportunity to 
present data, views or arguments concerning the proposed action. The 
EPA will make every effort to accommodate all speakers who arrive and 
register. Because this hearing is being held at a U.S. government 
facility, individuals planning to attend the hearing should be prepared 
to show valid picture identification to the security staff in order to 
gain access to the meeting room. Please note that the REAL ID Act, 
passed by Congress in 2005, established new requirements for entering 
federal facilities. These requirements will take effect July 21, 2014. 
If your driver's license is issued by Alaska, American Samoa, Arizona, 
Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New 
York, Oklahoma, or the state of Washington, you must present an 
additional form of identification to enter the federal buildings where 
the public hearings will be held. Acceptable alternative forms of 
identification include: Federal employee badges, passports, enhanced 
driver's licenses and military identification cards. We will list any 
additional acceptable forms of identification at: http://www.epa.gov/air/tribal/tribalnsr.html. In addition, you will need to obtain a 
property pass for any personal belongings you bring with you. Upon 
leaving the building, you will be required to return this property pass 
to the security desk. No large signs will be allowed in the building, 
cameras may only be used outside of the building and demonstrations 
will not be allowed on federal property for security reasons.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stoneman, Outreach and 
Information Division, Office of Air Quality Planning and Standards (C-
304-01), Environmental Protection Agency, Research Triangle Park, North 
Carolina, 27711, telephone number (919) 541-0823, facsimile number 
(919) 541-0072, email address: [email protected].
    If you would like to present oral testimony at the public hearing, 
please register no later than June 27, 2014, by contacting: Ms. Carolyn 
Childers,

[[Page 41847]]

Outreach and Information Division, Office of Air Quality Planning and 
Standards (C304-01), Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number (919) 541-5604; fax number 
(919) 541-0072; email address: [email protected]. If using 
email, please provide the following information: Name, affiliation, 
address, email address and telephone and fax numbers. All speakers are 
encouraged to pre-register in order to speak at the public hearing. 
Registration is not required to attend and listen to the testimony at 
the public hearing.

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. What should I consider as I prepare my comments to the EPA?
    1. Submitting CBI
    2. Tips for Preparing Comments
    C. Where can I get a copy of this document and other related 
information?
    D. What acronyms, abbreviations and units are used in this 
preamble?
II. Purpose
    A. Proposed Action
    B. Areas Where the EPA Is Seeking Comment
III. Background
    A. Tribal Air Rule
    B. Indian Country Minor NSR Rule
    1. What is the Indian Country Minor NSR Rule?
    2. What is a true minor source and how does it differ from a 
synthetic minor source?
    3. What are the minor NSR thresholds?
    4. What is a general permit?
    C. What is a permit by rule?
IV. Description of General Permit Program in Indian Country and the 
EPA's Use of This Package To Satisfy the General Permit Issuance 
Process
    A. General Permit Program
    B. How do sources apply for general permits?
    C. What are the required permitting elements?
V. Source Categories for Which Proposed General Permits in Indian 
Country Are Available for Public Review
    A. Notice of Proposed General Permits
    B. Structure of General Permits
    C. The EPA's Control Technology Review
    D. Scope of Coverage Under Each General Permit
    E. Surrogate Annual Allowable Emission Limitations
    F. Requirements of the Endangered Species Act and the National 
Historic Preservation Act
VI. Summary of Specific Terms and Conditions of the General Permits 
and Request for Comment
    A. Concrete Batch Plants
    1. What is a concrete batch plant?
    2. What is in the proposed General Air Quality Permit for new or 
modified true minor source concrete batch plants?
    3. Request for Comment on the Proposed General Air Quality 
Permit for New or Modified True Minor Source Concrete Batch Plants
    B. Boilers
    1. What is a boiler?
    2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Boilers?
    3. Request for Comment on the Proposed General Air Quality 
Permit for New or Modified True Minor Source Boilers
    C. Stationary Compression Ignition and Spark Ignition Engines
    1. What are compression ignition and spark ignition engines?
    2. What is in the proposed General Air Quality Permits for New 
or Modified True Minor Source Spark Ignition and Compression 
Ignition Engines?
    3. Request for Comment on the Proposed General Air Quality 
Permits for New or Modified True Minor Source Spark Ignition and 
Compression Ignition Engines
    D. Graphic Arts and Printing Operations
    1. What is a graphic arts and printing operation?
    2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Graphic Arts and Printing Operations?
    3. Request for Comment on the Proposed General Air Quality 
Permit for New or Modified True Minor Source Graphic Arts and 
Printing Operations
    E. Sawmills
    1. What is a sawmill facility?
    2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Sawmill Facilities?
    3. Request for Comment on the Proposed General Air Quality 
Permit for New or Modified True Minor Source Sawmill Facilities
VII. Description of the EPA's Proposed Permit by Rule Program in 
Indian Country
    A. What is a permit by rule?
    B. How would a permit by rule program operate in Indian country?
    C. Requirements of the ESA and NHPA
VIII. Proposed Permits by Rule
IX. Implementation Documents and Tools
X. Additional Area Where Comment Is Being Sought
XI. Proposed Rule Change to the Indian Country Minor NSR Rule
XII. 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 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

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this proposed action include the 
EPA, tribal governments that are delegated administrative authority to 
assist the EPA with the implementation of the tribal minor source air 
permitting program and owners, and operators of facilities located in 
Indian country as defined in 18 U.S.C. 1151 and as provided in the NSR 
rule from the following source categories:

                       Table 1--Source Categories
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                                                   Examples of Regulated
           Category                   NAICS               Entities
------------------------------------------------------------------------
Boilers......................  11 ****...........  Agriculture,
                                                    Forestry, Fishing
                                                    and Hunting.
                               2211 **...........  Electric Power
                                                    Generation.
                               311 ***...........  Food Manufacturing.
                               321 ***...........  Wood Product
                                                    Manufacturing
                                                    (except sawmills).
                               327 ***...........  Nonmetallic Mineral
                                                    Product
                                                    Manufacturing
                                                    (except ready-mix
                                                    concrete).
                               424 ***...........  Wholesale Trade,
                                                    Nondurable Goods.
                               611110............  Elementary and
                                                    Secondary Schools.
                               611210............  Junior Colleges.
                               611310............  Colleges,
                                                    Universities, and
                                                    Professional
                                                    Schools.
                               62 ****...........  Health Care and
                                                    Social Assistance.

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                               721120............  Casino Hotels.
                               813110............  Religious
                                                    Organizations.
                               92 ****...........  Public
                                                    Administration.
Concrete Batch Plants........  327320............  Central Mixed
                                                    Concrete
                                                    Manufacturing.
                               327320............  Concrete Batch Plants
                                                    (including
                                                    temporary).
                               327320............  Ready Mix Concrete
                                                    Manufacturing and
                                                    Distributing.
                               327320............  Transit Mixed
                                                    Concrete
                                                    Manufacturing.
                               327320............  Truck Mixed Concrete
                                                    Manufacturing.
                               327331............  Concrete
                                                    Manufacturing: All
                                                    Types of Blocks and
                                                    Bricks.
                               327332............  Concrete
                                                    Manufacturing: All
                                                    Types of Pipe and
                                                    Conduit.
                               327390............  Concrete
                                                    Manufacturing: All
                                                    Structural Forms.
Engines (Spark Ignition and    2211**............  Electric Power
 Compression Ignition).        622110............   Generation.
                                                   Medical and Surgical
                                                    Hospitals.
Graphic Arts and Printing      323111............  Printing:
 Operations.                                        Flexographic,
                                                    Rotogravure,
                                                    Gravure,
                                                    Letterpress,
                                                    Lithographic,
                                                    Digital.
                               323113............  Commercial Printing,
                                                    Newspapers, Print
                                                    Shops.
                               323117............  Printing Books.
Sawmills.....................  321113............  Sawmills.
------------------------------------------------------------------------

    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 
minor NSR program for Indian country (40 Code of Federal Regulations 
(CFR) 49.153). If you have any questions regarding the applicability of 
this action to a particular entity, contact the appropriate person 
listed under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments to the EPA?

1. Submitting CBI
    Do not submit this information to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Send or deliver information identified as CBI only to the following 
address: Roberto Morales, OAQPS Document Control Officer (C404-02), 
Office of Air Quality Planning and Standards, EPA, Research Triangle 
Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2011-
0151.
2. Tips for Preparing Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. 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 proposal will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this notice will be 
posted on the regulations and standards section of the NSR home page 
located at http://www.epa.gov/nsr and on the tribal NSR page at http://www.epa.gov/air/tribal/tribalnsr.html.

D. What acronyms, abbreviations and units are used in this preamble?

CAA Clean Air Act
CO2 Carbon dioxide
CO Carbon monoxide
EPA Environmental Protection Agency
ESA Endangered Species Act
FIP Federal Implementation Plan
GDFs Gasoline dispensing facilities
HAPs Hazardous air pollutants
hp Horsepower
ICE Internal combustion engine
NAAQS National Ambient Air Quality Standards
NO2 Nitrogen dioxide
NOX Nitrogen oxides
NSR New Source Review
NHPA National Historic Preservation Act
NTTAA National Technology Transfer and Advancement Act
PM Particulate matter
PSD Prevention of Significant Deterioration
PTE Potential to emit
SIP State Implementation Plan
SO2 Sulfur dioxide
tpy Tons per year
UMRA Unfunded Mandates Reform Act
VOC Volatile organic compounds

II. Purpose

A. Proposed Action

    In July 2011, the EPA issued the Indian Country Minor NSR rule that 
established, among other things, the requirements and process for the 
preconstruction permitting of minor sources in Indian country. Under 
the rule, on or after September 2, 2014, an owner or operator must 
obtain a preconstruction permit from the reviewing authority \1\ if the 
source will

[[Page 41849]]

construct a new true minor source,\2\ or will modify an existing true 
minor source in Indian country. 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.
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    \1\ In this document, reviewing authority refers to an EPA 
regional office. However, tribes can become reviewing authorities if 
they decide to assume responsibility for implementing the minor NSR 
program in their area and are either delegated authority to 
implement the Indian Country Minor NSR rule or establish and obtain 
the EPA's approval of their own minor source program.
    \2\ True minor source 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 Prevention of 
Significant Deterioration program at 40 CFR 52.21, or the Major NSR 
Program for Nonattainment Areas in Indian Country at 40 CFR 49.166 
through 49.173, but equal to or greater than the minor NSR 
thresholds in 40 CFR 49.153, without the need to take an enforceable 
restriction to reduce its potential to emit (PTE) 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 
40 CFR 52.21(b)(1)(iii), as applicable.
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    On January 14, 2014, the EPA proposed general permits \3\ for use 
in Indian country pursuant to the Indian Country Minor NSR rule for new 
or modified true minor sources in the following five source categories: 
Hot mix asphalt plants; stone quarrying, crushing, and screening 
facilities; auto body repair and miscellaneous surface coating 
operations; gasoline dispensing facilities (GDFs); and petroleum dry 
cleaning facilities. In the alternative, the EPA also proposed permits 
by rule for use in Indian country for new or modified minor sources in 
three of the source categories: Auto body repair and miscellaneous 
surface coating operations; GDFs; and petroleum dry cleaning 
facilities. The EPA also proposed certain changes to the Indian Country 
Minor NSR rule. The proposed changes include: Extending the deadline by 
when true minor sources in the oil and gas sector must receive minor 
source NSR permits; and allowing general permits and permits by rule 
for specific categories to be used to create synthetic minor sources. 
In the prior action, we also sought comment on a number of issues, some 
of which relate to the source categories contained in this proposal.
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    \3\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country,'' U.S. Environmental 
Protection Agency, January 14, 2014 (79 FR 2546), http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
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    Today's proposal addresses a second group of activities; the EPA is 
proposing the use of two types of minor NSR preconstruction permits to 
help streamline permitting of true minor sources that construct or 
modify in Indian country and that belong to one of six additional 
source categories. The first type of permit is a general permit. A 
general permit is a document that the EPA will make available online 
that will contain all of the emissions limitations, monitoring, 
recordkeeping and reporting requirements to which a source in a given 
source category would be subject. Sources seeking coverage under a 
tribal general permit will need to submit a request for coverage or 
application to the EPA. The second type is a permit by rule, which uses 
a regulatory-type structure to permit sources by pre-authorizing 
construction and modification activities carried out in accordance with 
the permit's requirements. Sources seeking coverage under a tribal 
permit by rule must notify the EPA that it meets the terms of coverage 
and is complying with the permit's conditions, but does not need to 
await approval of a request for coverage.
    As our preferred approach, we are proposing general permits for the 
six source categories: Concrete batch plants; boilers; stationary spark 
ignition engines; stationary compression ignition engines; graphic arts 
and printing operations; and sawmills. Specifically, we are proposing 
general permits for these source categories for permitting affected 
emissions units and emissions-generating activities in these source 
categories. As an alternative, for graphic arts and printing 
operations, the EPA is also requesting comment on whether, in lieu of 
establishing a general permit, we should instead adopt a permit by 
rule.
    We are making available various permit implementation documents and 
tools on which we request public comment. In a prior action \4\ in 
which we also proposed general permits and permits by rule for certain 
source categories of minor sources in Indian country, we proposed the 
regulatory framework that the EPA will use to establish permits by 
rule. That proposed regulatory framework is also relevant here.
---------------------------------------------------------------------------

    \4\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country,'' U.S. Environmental 
Protection Agency, January 14, 2014 (79 FR 2546), http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
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B. Areas Where the EPA Is Seeking Comment

    In this proposal, we are seeking comment on the following areas:
    (1) All aspects of the permit documents and implementation tools of 
the following six source categories (Sections VI. and IX.):
    a. Concrete batch plants;
    b. Boilers;
    c. Stationary compression ignition engines;
    d. Stationary spark ignition engines;
    e. Graphic arts and printing operations; and
    f. Sawmills.
    (2) The appropriateness of using a streamlined general permit/
permit by rule application for one source category (Section IX.):
    a. Graphic arts and printing operations.
    (3) Different aspects of the EPA's conclusion on its control 
technology review that, because the control measures in this proposal 
are currently used by other similar sources in other areas of the 
country, the measures in the proposed permits are technically and 
economically feasible, and cost effective (Section V.);
    (4) The process for sources to address the requirements of the 
Endangered Species Act (ESA) and the National Historic Preservation Act 
(NHPA) with respect to the six categories in today's proposal (Sections 
V. and VII.);
    (5) Use of throughput limits and capacity limits as surrogate for 
tons per year (tpy) 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 tpy annual allowable emission 
limitations (Sections V. and VI.);
    (6) Finalizing both permitting mechanisms for graphic arts and 
printing operations by providing authorization to construct or modify 
true minor sources in this category via permits by rule and by 
providing enforceable limitations to create synthetic minor sources in 
this category via general permits (Section X.); and
    (7) Proposed rule changes to the Indian Country Minor NSR rule in 
one area (Section XI.):
    a. Shortening the general permit application review process from 90 
to 45 days for one source category out of the six in this proposal for 
which the EPA believes it is appropriate:
    i. Graphic arts and printing operations.
    In this proposal, we are not seeking comment on several issues 
already

[[Page 41850]]

proposed in the January 14, 2014, action that more broadly cover policy 
and other issues related generally to the functioning and use of 
general permits and permits by rule in Indian country. The Agency's 
final decision on those issues, though, has the potential to impact 
sources in the source categories proposed in this action. Those issues 
include the following:
    (1) Several administrative aspects of general permits, including:
    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 proposed permit terms related to the 
reviewing authority's ability to reopen, revise, or terminate an 
individual approval of coverage under the general permit;
    (2) The regulatory framework that the EPA is proposing as an 
alternative to use to establish permits by rule and the streamlined 
review and issuance process that the EPA is proposing whereby a source 
can become covered by a permit by rule by notifying the EPA that it 
qualifies for the permit, meets the terms of coverage and is complying 
with the permit's conditions (but not having to wait for the reviewing 
authority's approval);
    (3) Proposal to change the policy in the Indian Country Minor NSR 
rule to allow the use of both general permits and permits by rule to 
create synthetic minor sources;
    (4) Use of more than one general permit and/or permit by rule for a 
source at a single location;
    (5) Additional source categories for which the EPA is planning to 
propose general permits and/or permits by rule; and
    (6) Proposed rule changes to the Indian Country Minor NSR rule in 
four areas in three provisions:
    a. Adjusting the deadline by which minor sources covered by a 
general permit need to obtain a preconstruction permit;
    b. Extending the permitting deadline for true minor sources within 
the oil and gas source category;
    c. 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
    d. Adjusting the deadline for oil and gas sources for certain 
registration-related requirements to be consistent with the proposed 
permitting deadline extension.

III. Background

A. Tribal Air Rule

    On February 12, 1998,\5\ the EPA used its authority under section 
301(d) of the Clean Air Act (CAA) to find that we would not treat 
tribal governments the same as states with respect to specific plan 
submittal and implementation deadlines under the CAA for National 
Ambient Air Quality Standards (NAAQS)-related requirements. This 
finding applied to many section 110 requirements, including 
requirements under section 110(a)(2)(c) to submit a program to regulate 
the modification and construction of any stationary source as necessary 
to ensure that the NAAQS are achieved. Although we determined that 
Indian tribes were not obligated to implement a permitting program, the 
EPA also made clear that we continue to have a general obligation under 
the CAA to ensure the protection of air quality throughout Indian 
country. To that end, we also used our authority under sections 301(a) 
and 301(d)(4) to establish a requirement to promulgate such federal 
implementation plan (FIP) provisions as are necessary or appropriate to 
protect air quality in Indian country (40 CFR 49.11(a)). For a number 
of years, the only federal CAA NSR permitting program that applied in 
Indian country was the major NSR program for areas meeting the NAAQS 
(``attainment'' areas) or areas for which there is insufficient 
information to determine whether they meet the NAAQS 
(``unclassifiable'' areas). We call this program the Prevention of 
Significant Deterioration (PSD) program (40 CFR 52.21). No federal NSR 
permitting program has covered minor sources or major sources in 
nonattainment areas. Nor was there a readily available way for major 
sources to take enforceable limits and become synthetic minor sources.
---------------------------------------------------------------------------

    \5\ ``Indian Tribes: Air Quality Planning and Management,'' U.S. 
Environmental Protection Agency, February 12, 1998 (63 FR 7254), 
http://www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.
---------------------------------------------------------------------------

    On August 21, 2006, the EPA proposed the regulation: ``Review of 
New Sources and Modifications in Indian Country'' (i.e., the Indian 
Country NSR rule).\6\ Within this regulation, the EPA proposed to 
protect air quality in Indian country by establishing a FIP program to 
regulate the modification and construction of minor stationary sources 
consistent with the requirements of section 110(a)(2)(c) of the CAA. We 
call this part of the Indian Country NSR rule the Indian Country Minor 
NSR rule. Under the 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. In 
developing the rule, the EPA conducted extensive outreach and 
consultation and provided an extensive public comment period that ended 
on March 20, 2007. The comments we received provided detailed 
information specific to Indian country and the final Indian Country 
Minor NSR rule incorporated many of the suggestions we received. We 
promulgated final rules on July 1, 2011,\7\ and the FIP became 
effective on August 30, 2011.\8\
---------------------------------------------------------------------------

    \6\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, August 21, 2006 (71 
FR 48696), http://www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06-6926.htm.
    \7\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, July 1, 2011 (76 FR 
38748), https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
    \8\ On January 17, 2014, the United States Court of Appeals for 
the District of Columbia Circuit issued an opinion and judgment 
vacating the Indian Country NSR rule with respect to non-reservation 
areas of Indian country. As a result, EPA does not currently have 
minor source NSR permitting authority in non-reservation areas of 
Indian country and any general permits and permits by rule issued 
under the Indian Country Minor NSR rule will not be immediately 
available in such areas of Indian country. Importantly, the court's 
decision does not affect the Indian Country Minor NSR rule with 
respect to reservations, whether formal or informal, and any final 
general permits and permits by rule issued under the Indian Country 
Minor NSR rule will be available in those areas. The EPA is 
currently considering, but has not yet determined, how best to 
implement the court's decision.
---------------------------------------------------------------------------

B. Indian Country Minor NSR Rule

1. What is the Indian Country Minor NSR rule?
    The 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 where there is no EPA-
approved program in place. The rule also includes a pre-construction 
permits program for major sources proposing to construct in areas of 
Indian country that have not attained one or more NAAQS, i.e., 
nonattainment areas. After September 2, 2014, any new stationary 
sources that will emit, or will have the PTE, a regulated NSR pollutant 
in amounts that will be: (1) Equal to or greater than the minor NSR 
thresholds, established in the Indian Country Minor NSR rule; and (2) 
less than the amount that would qualify the source as a major source 
for purposes of the PSD or nonattainment major NSR programs,

[[Page 41851]]

must apply for and obtain a minor NSR permit before commencing 
construction of the new source. Likewise, any existing stationary 
source (minor or major) must apply for and obtain a minor NSR permit 
before commencing construction of a physical or operational change that 
will increase the allowable emissions of the stationary source by more 
than the specified minor NSR threshold amounts, if the change does not 
otherwise trigger the permitting requirements of the PSD or 
nonattainment major NSR program(s).\9\
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    \9\ 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 Indian 
Country Minor NSR program and the reasonable possibility of being 
subject to the MRR requirements of the major NSR program(s).
---------------------------------------------------------------------------

    Among other things, the 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. We explain this 
framework further in the sections below.
    2. What is a true minor source and how does it differ from a 
synthetic minor source?
    ``True minor source'' 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 Major NSR program for Nonattainment Areas in Indian 
Country at 40 CFR 49.166 through 49.173, but equal to or greater than 
the minor NSR thresholds in 40 CFR 49.153, without the need to take an 
enforceable restriction to reduce its PTE 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 
40 CFR part 51, Appendix S, paragraph II.A.4(iii) or 40 CFR 
52.21(b)(1)(iii), as applicable. For example, a hot mix asphalt 
facility, located in a sulfur dioxide (SO2) attainment area, 
that has a maximum potential to emit of 135 tpy of SO2, 
without the need to take an enforceable restriction to reduce its PTE 
to such levels, would qualify as a true minor source. 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 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. For example, a hot mix 
asphalt facility, located in an SO2 attainment area, that 
has an unrestricted PTE of 270 tpy, but that is legally constrained to 
emit only 135 tpy of SO2 because the source has taken a 
throughput limit made enforceable through a permit (i.e., a limit on 
how much hot mix product it can produce), would qualify as a synthetic 
minor source. In the preamble to both the proposed and final Indian 
Country Minor NSR rule, the EPA indicated that it would not use general 
permits to allow otherwise major sources to create synthetic minor 
sources.\10\
---------------------------------------------------------------------------

    \10\ Note that the current regulatory language in the Tribal 
Minor NSR rule does not address the use of general permits in this 
manner.
---------------------------------------------------------------------------

3. What are the minor NSR thresholds?
    The ``minor NSR thresholds'' establish cutoff levels for each 
regulated NSR pollutant. If a source naturally has a PTE in amounts 
lower than the thresholds, then it is exempt from the Indian Country 
Minor NSR rule (see Table 2 and 40 CFR 49.153) for that pollutant. New 
or modified sources which naturally have a PTE in amounts that are: (1) 
Equal to or greater than the minor NSR thresholds; and (2) less than 
the major NSR thresholds (generally 100 to 250 tpy) are ``minor 
sources'' of emissions and subject to the Indian Country Minor NSR rule 
requirements at 40 CFR 49.151 through 161.

    Table 2--Minor NSR Thresholds for Sources in Indian Country \11\
------------------------------------------------------------------------
                                          Minor NSR         Minor NSR
                                       thresholds for    thresholds for
       Regulated NSR pollutant          nonattainment      attainment
                                        areas  (tpy)      areas  (tpy)
------------------------------------------------------------------------
Carbon monoxide (CO)................                 5                10
Nitrogen oxides (NOX)...............            \12\ 5                10
SO2.................................                 5                10
Volatile Organic Compounds (VOC)....            \13\ 2                 5
PM (particulate matter).............                 5                10
PM10................................                 1                 5
PM2.5...............................               0.6                 3
Lead................................               0.1               0.1
Fluorides...........................                NA                 1
Sulfuric acid mist..................                NA                 2
Hydrogen sulfide (H2S)..............                NA                 2
Total reduced sulfur (including H2S)                NA                 2
Reduced sulfur compounds (including                 NA                 2
 H2S)...............................
Municipal waste combustor emissions.                NA                 2
Municipal solid waste landfill                      NA                10
 emissions (measured as nonmethane
 organic compounds).................
------------------------------------------------------------------------

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

    \11\ If part of a tribe's area of Indian country is designated 
as attainment and another part as nonattainment, the applicable 
threshold for a proposed source or modification is determined based 
on the designation where the source would be located. If the source 
straddles the two areas, the more stringent thresholds apply.
    \12\ In extreme ozone nonattainment areas, section 182(e)(2) of 
the CAA requires any change at a major source that results in any 
increase in emissions to be subject to major NSR permitting. In 
other words, any changes to existing major sources in extreme ozone 
nonattainment areas are subject to a ``0'' tpy threshold, but that 
threshold does not apply to minor sources.
    \13\ Id.
---------------------------------------------------------------------------

4. What is a general permit?
    The Indian Country Minor NSR rule specified the process and 
requirements for using general permits to authorize construction of and 
modifications at true minor sources as a streamlined permitting 
approach. A general permit, for purposes of this action, is a permit 
document that contains standardized requirements that multiple 
stationary sources can use. The EPA may issue a

[[Page 41852]]

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 permit 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, July 1, 2011 (76 FR 
38770), https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

    While the final Indian Country Minor NSR rule contemplated issuance 
of general permits by the EPA regions, we have determined (for the 
permits on which we are taking comment here) that a nationwide action 
is appropriate. Through this action, we are proposing to issue general 
permits to serve as preconstruction permit authorizations that contain 
emission limitations and other restrictions to govern how a source may 
construct, modify and operate. National general permits streamline the 
permit issuance process by establishing universal requirements through 
one notice for specific types of emissions activities at multiple 
sources across the country. The EPA believes that the general permit 
approach is appropriate for the source categories in today's proposal 
where the control equipment or techniques are generally similar from 
region to region.
    A general permit also allows a reviewing authority to notify the 
public through one notice that it intends to apply these requirements 
to any eligible source that seeks coverage under the permit in the 
future. This minimizes the burden on reviewing authorities' resources 
by eliminating the need to issue separate permits for each individual 
minor source within the source type or category covered by the general 
permit. Use of a general permit also decreases the time required for an 
individual minor source to obtain a preconstruction permit because the 
application process is standardized.
    The Indian Country Minor NSR rule describes the process the EPA 
will use to issue general permits for the minor NSR program. A general 
permit must be issued in accordance with the requirements in 40 CFR 
49.156. Briefly, these requirements address public availability of 
information, public notification and participation, and public 
comments. In addition, as discussed in Section IX., we are providing 
implementation tools to guide sources through a series of questions to 
determine whether they meet the criteria to be eligible for coverage 
under a general permit.

C. 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 Indian Country Minor NSR rule. The 
process for a source to apply for coverage under a permit by rule, and 
the process for the reviewing authority to grant coverage under a 
permit by rule, is more streamlined compared to a standard general 
permit, or a site-specific permit. In particular, a proposed project 
need not wait for a response from the permitting authority before 
starting construction under a permit by rule. Section VII. provides a 
description of the source application process for permits by rule.

IV. Description of General Permit Program in Indian Country and the 
EPA's Use of This Package To Satisfy the General Permit Issuance 
Process

A. General Permit Program

    The EPA codified the framework it would follow to issue general 
permits for minor sources in the Indian Country Minor NSR rule in 40 
CFR 49.156. While it was not necessary for the EPA to codify this 
framework to issue general permits, the EPA nonetheless created the 
regulatory framework to better inform the public of the process the EPA 
will use to issue general permits. Per the framework, to issue a 
general permit, the reviewing authority must follow the requirements 
for public participation contained in 40 CFR 49.157. These provisions 
require the reviewing authority then to provide a notice that a draft 
permit is available for comment. The regulations list a number of ways 
in which a reviewing authority can provide notice to the public, and 
also allow the reviewing authority to use other means of notification 
as appropriate (40 CFR 49.157(b)(1)(ii)(E)). We have opted to provide 
notice to the public regarding the present proposal of general permits 
for six source categories through use of the Federal Register. We 
believe this approach is appropriate in this case because we intend to 
apply these general permits in all areas of Indian country subject to 
the Indian Country Minor NSR Program and the Federal Register provides 
a nationwide circulation of the notice. We will also mail a copy of 
each permit for which the reviewing authority has approved coverage for 
a source to the appropriate Indian governing bodies and the tribal, 
state and local air pollution agencies in adjacent air jurisdictions 
that may be impacted by the air pollution sources that use the general 
permit in accordance with 40 CFR 49.157(b)(1)(i).
    The existing regulations also identify the type of information that 
a reviewing authority must make available to the public, and list a 
number of elements to be included in the public notice (40 CFR 
49.157(a) and (b)(2)). We are satisfying these requirements in this 
proposal in a wide-ranging manner by providing the public access to the 
application forms we will require an applicant to complete, and the 
other implementation tools for each general permit. (We discuss these 
tools in greater detail in Section IX. of this preamble.) Many of these 
requirements relate to information that is best made available when an 
individual applicant applies for coverage under a specific general 
permit. We will make information specific to an individual source's 
request for coverage under a general permit available at the time we 
provide notice of the source's request for coverage.
    After providing adequate public notice of the availability of the 
draft permit, the reviewing authority must allow a period of at least 
30 days for the public to comment on the permit, and to request a 
public hearing (40 CFR 49.157). We are satisfying these requirements by 
using this proposed rule to propose, take comments and hold a public 
hearing on the general permits. Once we finalize a general permit, it 
will be used by the EPA's regional office reviewing authorities \15\ 
for sources requesting coverage under the permit.
---------------------------------------------------------------------------

    \15\ The Administrator delegated the authority to each of the 
EPA Regional Administrators to carry out all aspects of the Indian 
Country Minor NSR program, including issuing general permits and 
approving individual coverage under a general permit.
---------------------------------------------------------------------------

    The regulations set forth the provisions for a final permit to 
undergo administrative and judicial review in accordance with 40 CFR 
49.159. The procedures governing appeals of NSR permits to the 
Environmental Appeals Board will govern administrative review of these 
general permits. Issuance of a general permit is a final agency action 
with respect to all aspects of the general

[[Page 41853]]

permit except its applicability to an individual source. The provisions 
of 40 CFR 49.159 will continue to govern administrative and judicial 
review of the EPA's approval of an individual source's request for 
coverage. After the reviewing authority approves a request for coverage 
by an individual source, a party may appeal only the applicability of 
the general permit to that particular source.
    Although we are using a Federal Register notice to initially 
establish the general permits, we intend to use other methods also 
consistent with procedures in 40 CFR 49.159 to reopen or 
administratively amend the final permits if we determine it is 
necessary and appropriate. A reviewing authority may reopen and revise 
a final general permit for cause after providing the opportunity for 
notice and comment under 40 CFR 49.157. Revisions to a final general 
permit may be appropriate, for example, when the reviewing authority 
decides to issue a new general permit for the same category to account 
for advances in control technology or for other pertinent reasons. 
However, when a reviewing authority issues a new general permit, 
sources operating under the existing general permit will be able to 
continue to operate under the existing permit unless and until the 
source subsequently proposes to modify.\16\
---------------------------------------------------------------------------

    \16\ If the EPA revises an existing general permit, then the 
original permit can no longer be used for new and modified minor 
sources. The new general permit will be used for new and modified 
minor sources in the relevant source category. The existing general 
permit remains in place for existing facilities unless and until 
they choose to modify.
---------------------------------------------------------------------------

B. How do sources apply for general permits?

    40 CFR 49.156(e) describes the procedure for sources to obtain 
coverage under a general permit. At the time a source submits a request 
for coverage under a general permit, it must submit a copy of such 
request to the appropriate Indian governing body for the area of Indian 
country where the source is locating. The reviewing authority must act 
on the source's request for coverage under the general permit as 
expeditiously as possible, but it must notify the source of the final 
decision within 90 days of its receipt of the coverage request. The 
source's reviewing authority must comply with a 45-day completeness 
review period to determine if the request for coverage under a general 
permit is complete. Therefore, within 30 days after the receipt of the 
source's coverage request, the reviewing authority must make an initial 
request for any additional information necessary to process the 
coverage request and the source must submit such information within 15 
days. If the source does not submit the requested information within 15 
days from the request for additional information and this results in a 
delay that is beyond the 45-day completeness review period, the 90-day 
permit issuance period for the general permit will be extended by the 
additional days the source takes to submit the requested information 
beyond the 45-day period. If the reviewing authority fails to notify 
the source within a 30-day period of any additional information 
necessary to process the source's coverage request, the source will 
still have 15 days to submit such information and the reviewing 
authority must still grant or deny the request for coverage under a 
general permit within the 90-day general permit issuance period and 
without any time extension.
    If the reviewing authority determines that the source's request for 
coverage under a general permit has all the relevant information and is 
complete, it will notify the source in writing as soon as that 
determination is made. If the source does not receive from the 
reviewing authority a request for additional information or a notice 
that the request for coverage under a general permit is complete within 
the 45-day completeness review period, the request will be deemed 
complete.
    After permit coverage is granted, under 40 CFR 49.156(e), coverage 
under a general permit becomes invalid if a source does not commence 
construction within 18 months after the effective date of coverage 
under a general permit, if the source discontinues construction for a 
period of 18 months or more, or if the source 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, and the 18-month limit does not apply to the 
time period between construction of the approved phases of a phased 
construction project. In those cases, construction of each such phase 
must commence within 18 months of the projected and approved 
commencement date.
    In Section XI., the EPA proposes to amend 40 CFR 49.156(e) to 
shorten the permit application procedure to 45 from 90 days for one 
source category in today's proposal: Graphic arts and printing 
operations.
    In Section IX., we describe the implementation documents and tools 
that we are making available for comment to assist sources with 
applying for general permits.

C. What are the required permitting elements?

    For general permits, these elements are discussed in the Indian 
Country Minor NSR rule promulgated at 40 CFR 49.155(a) and include:
     The effective date of the permit and the date by which a 
source must commence construction in order for the permit's coverage to 
remain valid (i.e., 18 months after the source obtains coverage under 
the general permit);
     The emissions units subject to the permit and their 
associated emission limitations (and other permit conditions);
     Monitoring, recordkeeping, reporting and testing 
requirements to ensure compliance with the emission limitations; and
     A severability clause to ensure the continued validity of 
the other portions of the permit in the event of a challenge to a 
portion of the permit.

V. Source Categories for Which Proposed General Permits in Indian 
Country Are Available for Public Review

A. Notice of Proposed General Permits

    In accordance with 40 CFR 49.171(b)(1)(1)(E), we are providing the 
public with a copy of six proposed general permits covering six source 
categories: (1) Concrete batch plants, (2) boilers, (3) stationary 
spark ignition engines, (4) stationary compression ignition engines, 
(5) graphic arts and printing operations and (6) sawmills. Copies of 
each of these proposed permits and the following four associated 
permitting documents are available in the docket for this notice (EPA-
HQ-OAR-2011-0151) and at http://www.epa.gov/air/tribal/tribalnsr.html:
    (1) Request for Coverage (Application);
    (2) Questionnaire;
    (3) Instructions; and
    (4) PTE calculator.
    The application for one of the six source categories in today's 
proposal (i.e., graphic arts and printing operations) is streamlined 
and asks for contact and location information and basic solvent usage 
information (more detailed source-specific information would be 
required from sources seeking coverage under the other five general 
permits). This is discussed further in Section IX.
    The general permits will authorize \17\ construction of, or any 
modifications of,

[[Page 41854]]

any of the affected emission units, or pollutant emitting activities 
named in the permit, at any proposed true minor source that meets the 
permit's applicability requirements and eligibility statements, and for 
which the reviewing authority approves coverage under the permit.
---------------------------------------------------------------------------

    \17\ To be eligible for a proposed general permit in today's 
action, the PTE of your facility, including all existing, new, and 
modified emission units present at the facility, must be below the 
major source thresholds for NSR.
---------------------------------------------------------------------------

    We request comment on all aspects of the general permits and the 
associated forms and documentation provided to assist the stationary 
sources specified in the permits in complying with the Indian country 
minor NSR preconstruction permitting and post-construction operating 
requirements. In Section VIII., we propose, in the alternative, a 
permit by rule for graphic arts and printing operations. Should we 
decide to finalize a permit by rule for this category, then we may not 
finalize the draft general permit for that category. Alternatively, we 
may opt to finalize both permitting mechanisms for this source 
category, and may tailor one of the permitting mechanisms to provide 
authorization to construct or modify true minor sources (i.e., permit 
by rule) and another to provide enforceable limitations to create 
synthetic minor sources (i.e., general permit). We specifically request 
comment on this ``hybrid'' approach (see Section XI. of the January 14, 
2014 proposal \18\ for further discussion on the hybrid approach).
---------------------------------------------------------------------------

    \18\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country,'' U.S. Environmental 
Protection Agency, January 14, 2014 (79 FR 2546), http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
---------------------------------------------------------------------------

    For the six source categories in today's action, we are proposing 
general permits as our preferred approach. We have crafted our proposal 
to ensure air quality is protected and to provide more detailed or 
streamlined approaches, as appropriate. For concrete batch plants, 
boilers, stationary spark ignition engines, stationary compression 
ignition engines and sawmills, the EPA is proposing (1) that we retain 
the 90-day application review process provided in the Indian Country 
NSR Rule; and (2) that we provide more detailed applications that are 
appropriate for sources in these categories that involve multiple 
pollutants where the reviewing authority needs to conduct a review to 
evaluate whether an individual source meets the requirements in the 
permit. However, we also recognize that a more streamlined approach may 
be appropriate for other source categories with few pollutants of 
concern and in which the operations are less complex. For graphic arts 
and printing operations, the EPA is proposing to change the underlying 
rule to provide a shorter application review period (see Section XI.) 
and a shorter application (see Section IX.). The permit by rule 
proposed as an alternative for this source category would take that 
streamlining a step further (see Section VII.).
    The remainder of this section outlines the general structure of 
each of the proposed general permits, and requests comment on issues 
that are common among the proposed general permits. Specifically, we 
are requesting comment on:
    (1) 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
    (2) The appropriateness of proposed permit terms related to the 
reviewing authority's ability to reopen, revise, or terminate an 
individual approval of coverage under the general permit.
    This section also describes the general process we undertook for 
each of the control technology reviews required to establish the terms 
and conditions of each proposed general permit, and requests comment on 
our conclusions on several aspects of the control technology reviews.
    Additional information and supporting analyses on each of these 
proposed permits are located in the background documents. These 
documents are available at Docket ID No. EPA-HQ-OAR-2011-0151 and 
online at http://www.epa.gov/air/tribal/tribalnsr.html.

B. Structure of General Permits

    Each proposed general permit contains a similar overall structure. 
The cover page of each proposed permit contains general information on 
the proposed permit. First, it briefly describes the applicability of 
the permit to a particular source category or emissions activity the 
general permit regulates in accordance with 40 CFR 49.156(d)(1). This 
description varies for each of the proposed permits, depending on the 
emissions activity covered by the proposed permit.
    Second, the cover page limits eligibility for coverage under the 
permit to true minor sources. We included this limitation to allow 
permitting authorities the ability to process a permit application for 
inherently larger sources using the more extended time periods the 
Indian Country Minor NSR rule provides for case by case, site specific 
review. We also include this limitation in the proposed permits to 
remain consistent with our current policy that we will not allow 
sources to use general permits to create synthetic minor sources.
    We recognize, however, that limiting eligibility of these proposed 
permits to only true minor sources could limit the number and types of 
sources that could take advantage of the streamlined, general 
permitting process. In our prior proposal of January 14, 2014, we 
proposed to change the current policy in the Indian Country Minor NSR 
rule to allow general permits and permits by rule to create synthetic 
minor sources. Depending on the outcome of that proposal, we may amend 
one or more of the final permits in this proposal to allow any minor 
source to apply for coverage under that permit.
    Third, following the eligibility statement, the proposed permit 
directs applicants to the specific information that an applicant must 
include in a request for coverage under the permit in accordance with 
40 CFR 49.156(d)(2)(ii) and (iii). The request for coverage serves as 
the permit application and some of the information in the application 
will differ for each proposed permit. We discuss the application and 
implementation tools to assist true minor sources in determining 
whether a source is eligible for coverage under a general permit in 
Section IX.
    Fourth, the proposed permit contains a statement that incorporates 
each reviewing authority's approval of a request for coverage into the 
general permit. Sections 1 through 6 of the general permit, and the 
most current approval of the request for coverage, 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 Approval of the Request for 
Coverage for that permitted source. We request comment on the inclusion 
of this condition in the permits given that the Indian Country Minor 
NSR rule only requires posting of the approval of coverage.
    As we developed the proposed permits, we envisioned situations in 
which the reviewing authority may need to revise information contained 
in the approval notice sometime after issuance. For example, a source 
covered by a general permit may subsequently change ownership. A 
reviewing authority may delegate responsibilities for the general 
permit to a tribal air pollution control agency. A source may 
subsequently need to revise something in its request for coverage that 
would

[[Page 41855]]

alter elements of the approval. For example, a source may misidentify 
an equipment identification number in its request for coverage, or 
decide to expand or limit the scope of the modification. A reviewing 
authority may need to alter its approval of the request for coverage 
for these situations. The general permit provisions at 40 CFR 
51.156(b)(2) broadly reference 40 CFR 49.159, which specifically 
addresses the reviewing authority's ability to reopen or 
administratively amend permits. The provisions, however, do not 
specifically delineate how they apply to an approval of a request for 
coverage under a general permit. By incorporating the approval into the 
general permit, we ensure that the revision procedures contained in 40 
CFR 49.159 apply to revisions a reviewing authority may make to the 
approval of the request for coverage. We request comment on this 
approach for incorporating the approval of the request for coverage 
into the general permit. Alternatively, we request comment on whether 
such incorporation is unnecessary and on whether to apply the 
procedures in 40 CFR 49.159 to the approval of the request for 
coverage, or whether the EPA should amend the existing regulations at 
40 CFR 49.156 to address amendments to the request for coverage.
    Fifth, the proposed permit contains information on the reviewing 
authority's right to terminate or revise the general permit. The 
general permit provisions in the Indian Country Minor NSR rule provide 
the reviewing authority the ability to revise, revoke and reissue, or 
terminate a general permit. In harmony with those provisions, the 
proposed permits include authority for a reviewing authority to revise 
or terminate an approval of a request for coverage. We are adding these 
provisions to the general permit, under the authority of 40 CFR 
49.156(d), to clarify how the Indian Country Minor NSR rule intended 
these provisions to apply to an individual request for coverage. We 
request comment on inclusion of these provisions in the general permit, 
or, alternatively, whether the EPA should amend the Indian Country 
Minor NSR rule to expressly delineate the reviewing authority's right 
to revise or terminate an individual source's coverage under a general 
permit.
    Finally, the proposed permit contains a statement indicating that 
the definitions contained in the Indian Country Minor NSR rule govern 
use of those terms within the general permit. The statement also refers 
permittees to a section of the permit that contains definitions that 
may be specific to the source categories or emissions activities 
covered by the general permit; and indicates that when a term is not 
otherwise defined we will interpret that term consistent with normal 
business use. We, nonetheless, request comment on whether we should 
include any additional definitions to improve the clarity of the 
general permits.
    Following the general information section, each proposed permit 
contains the enforceable terms and conditions of the general permit. 
Section 1 of the Terms and Conditions provisions contains general 
provisions that, with only a few exceptions, are similar for all the 
general permits. These provisions contain statements that the Indian 
Country Minor NSR rule requires in each permit pursuant to 40 CFR 
49.155.
    In each permit, the general provisions are followed by emission 
limitations and other operational restrictions or specifications, and 
monitoring, recordkeeping, and reporting requirements that are unique 
to each of the permits. The notice and reporting requirements are 
followed by a section outlining the reviewing authority's ability to 
change the general permit, including the approval of the request for 
coverage, a section on requesting coverage under the permit, and 
attachments with abbreviations and acronyms, a list of definitions, and 
a list of reviewing authorities and areas of coverage. Attachments to 
the concrete batch plant and sawmill permits also contain requirements 
to minimize fugitive dust emissions. An attachment to the sawmill 
permit contains sample VOC calculations. Attachments to the graphic 
arts and printing operations general permit contain requirements for 
serious, severe or extreme ozone nonattainment areas and sample 
calculations for monthly VOC emissions.

C. The EPA's Control Technology Review

    Each permit establishes specific numerical limitations on the 
quantity, rate or concentration of emissions for each regulated NSR 
pollutant emitted by each affected emissions unit. For each general 
permit, in a manner similar to what a permitting authority would be 
expected to do for an individual source, we established these control 
technology-based requirements by researching both state and local air 
quality programs to identify control technologies or other emissions 
reduction measures used by similar sources in surrounding areas, and by 
reviewing requirements contained in existing 40 CFR parts 60 and 63 
emissions standards that apply to these source categories. Some of the 
proposed permits build upon the requirements in the 40 CFR parts 60 and 
63 emissions standards by including some control technology measures 
found in state and local agencies' general permits for these source 
categories. The proposed permit for graphic arts and printing 
operations draws control information from control technique guidelines 
for flexible package printing and offset lithographic printing 
developed by the EPA covering activities in the printing industry.\19\
---------------------------------------------------------------------------

    \19\ For more information, go to: http://www.epa.gov/glo/SIPToolkit/ctgs.html.
---------------------------------------------------------------------------

    The background documents for each proposed permit explain the state 
and local programs we reviewed to identify control technology options 
in each source category. We believe that, because these control 
measures are currently used by other similar sources in other areas of 
the country, they are technically and economically feasible, and cost 
effective. We request comment on this conclusion, and invite commenters 
to submit specific information that would indicate that either: (1) The 
measures in the proposed permits are not economically feasible and/or 
cost effective; or (2) additional economically feasible and cost 
effective measures are available and appropriate to include in the 
final general permits.
    In determining specific emission limitations and control measures 
for each permit, we considered air quality conditions in Indian 
country. Notably, Indian country contains both attainment and 
nonattainment areas for different regulated NSR pollutants.\20\ In some 
cases, for areas designated as nonattainment for a given pollutant, the 
proposed permits contain more stringent emission limitations for that 
pollutant (or precursors of that pollutant). These control requirements 
will help mitigate any further degradation of air quality in those 
areas. In other cases, however, the proposed permits do not include 
different emission limitations based on the attainment status of the 
area. In these situations, we determined that the emission limitations 
are sufficient to protect air quality in both attainment and 
nonattainment areas.
---------------------------------------------------------------------------

    \20\ Maps for those NAAQS for which the EPA has designated 
nonattainment areas in Indian Country are available online at http://www.epa.gov/air/tribal/tribalnsr.html and Docket ID No. EPA-HQ-OAR-
2011-0151. NAAQS for which the EPA has designated nonattainment 
areas are: Ozone (2008 NAAQS), PM10 (1987 NAAQS), 
PM2.5 24-Hour (2006 NAAQS), and PM2.5 Annual 
(1997 NAAQS). There are no tribal lands in nonattainment for 
SO2 (2010 NAAQS), NO2, lead (2008 NAAQS), and 
CO.
---------------------------------------------------------------------------

    For concrete batch plants, boilers, stationary spark ignition 
engines, stationary compression ignition engines,

[[Page 41856]]

and sawmills, we also added additional provisions related to the 
location of the emitting activities and the source property boundary. 
We call these provisions, which are designed to minimize the impacts of 
emissions on air quality in the immediate vicinity of the source, 
setback requirements. Under the setback requirement, sources may not 
locate within a specific distance from the property boundary and 
nearest residences. In reviewing state and local air agency general 
permits, we found that permitting authorities in Alaska, Texas and 
Washington include setback requirements to protect local ambient air 
quality from potential source impacts. We find that these requirements 
are both reasonable and prudent measures to protect local air quality, 
and are economically feasible and cost effective. We, therefore, 
included similar measures in the proposed permits. We discuss the 
specific setback requirements for each category in Section VI.
    We welcome comments on the use of these setback requirements. We 
also welcome comments on the types of buildings from which we should 
establish setback requirements (e.g., schools, nursing homes). We 
further request comment on whether the setback requirement conflicts 
with tribal authority over zoning-related matters, and, if so, then on 
how we should resolve that conflict.
    To further protect against adverse local air quality impacts, the 
proposed permits ensure that no source will cause or contribute to 
NAAQS or PSD increment violations by prohibiting emissions that would 
result in such impacts. Thus, reviewing authorities will consider any 
air quality concerns unique to specific areas that arise after issuance 
of the general permits in this proposal when determining whether an 
individual permit applicant is eligible for coverage under the general 
permit. For example, if a source wants to locate in an area with air 
quality levels approaching or violating the NAAQS, the reviewing 
authority may need to request that a source apply for a site-specific 
permit so that the potential for greater control than that afforded by 
the general permit can be evaluated.
    In conducting the control technology review, we also considered the 
anticipated growth rate of the source categories. In general, we do not 
anticipate significant increases in growth for these six source 
categories for the foreseeable future, as we identified no information 
indicating that to be the case.\21\ Thus, we do not believe that 
emissions increases from these categories will pose unique or 
additional impacts on air quality in the foreseeable future that might 
warrant a more stringent approach to controlling emissions than 
contained in the proposed permits. We request comment on our conclusion 
about anticipated growth in these source categories and regions, and 
the reasonableness of the emission limitations and control measures 
specified in the proposed permits.
---------------------------------------------------------------------------

    \21\ See the following memo online at http://www.epa.gov/air/tribal/tribalnsr.html and in the docket (ID No. EPA-HQ-OAR-2011-
0151): ``Projected New Minor Sources in Indian Country,'' from 
Lillian Grace Bradley, Environmental Economist, EPA/OAQPS to Chris 
Stoneman, Policy Advisor, EPA/OAQPS, March 13, 2014.
---------------------------------------------------------------------------

D. Scope of Coverage Under Each General Permit

    In the Indian Country Minor NSR rule, the EPA stated that it may 
use the general permit mechanism to issue permits to ``similar'' types 
of emissions units or minor sources. This limitation on the ability to 
issue general permits is consistent with the EPA's longstanding 
interpretation of the CAA as it relates to the ability of a permitting 
agency and source to use standardized protocols to meet CAA minor 
source permitting requirements. The proposed general permits meet the 
limitation that general permits apply only to similar sources, because 
each of the permits covers only affected emission units or emissions 
generating activities that are: (1) Specifically identified by name in 
the permit; (2) generate the same regulated NSR pollutants in the same 
manner and magnitude; and (3) are associated only with operations 
within a defined source category.\22\ We discuss the specific scope of 
each proposed general permit in more detail in Section VI. below and in 
the background document for each proposed general permit.
---------------------------------------------------------------------------

    \22\ These criteria are not the sole manner for demonstrating 
that a general permit applies only to similar sources, but they 
serve as examples of the types of characteristics that may be 
relevant.
---------------------------------------------------------------------------

E. Surrogate Annual Allowable Emission Limitations

    The 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 (40 CFR 49.155(a)(2)). For the six source categories 
in this proposal, the proposed general permits provide emissions 
limitations as annual tpy allowable emission limitations, throughput 
limits or input-based emissions limits, or some combination thereof, 
depending on the particular source category. In the case of concrete 
batch plants, we believe that a production limit serves as a reasonable 
surrogate for a tpy emission limitation, since there is a direct 
correlation between the amount of material processed and the amount of 
pollution emitted. We also believe that monitoring throughput rather 
than actual emissions may provide a more cost-effective method of 
demonstrating compliance. For example, concrete batch facilities 
regularly track a facility's throughput, but do not necessarily analyze 
specific emissions discharges. Thus, reliance on throughput limits 
provides a more cost-effective approach to regulating emissions and we 
believe this will enhance the potential for compliance with the 
proposed permit for this category.
    The approach for engines (spark ignition and compression ignition) 
and boilers also relies on a concept of ``surrogate'' emissions 
limitations, but instead of using throughput limits, these permits rely 
on ``surrogate'' capacity limits. The capacity limits are set at levels 
to ensure that the sources remain below certain tpy emissions rates. We 
also believe that setting capacity limits rather than limitations on 
actual emissions may provide a more cost-effective and practical method 
of demonstrating compliance, which will enhance the potential for 
compliance with the proposed permit for this category.
    For sawmills and graphic arts and printing operations, we provide 
tpy emissions limitations in the permit. We require sources in these 
two categories to track throughput and to calculate annual emissions 
based on their throughput using the calculator we have provided. The 
reason for providing this additional flexibility for the source is due 
to the uncertainty they face as to the exact nature of their production 
at the start of a reporting period. For example, a sawmill will not 
necessarily know what species of wood (each with different VOC content) 
it will process in a given year. The source, therefore, would need to 
track its board-feet throughput of each wood species and calculate the 
emissions associated with the wood species to ensure it stays within 
the permitted emissions limitations. The same approach is applicable to 
graphic arts and printing operations that may be engaged in several 
different types of printing operations that involve different solvents 
with different VOC contents. Those sources need similar flexibility

[[Page 41857]]

and would also need to track solvent usage and VOC content to ensure 
they stay within the permitted emissions limitations.
    In Section VI. below, we request comment on these approaches for 
the six source categories.
    In a related matter, in the January 14, 2014, proposal, we 
indicated that we granted reconsideration on the issue of allowing 
reviewing authorities to use general permits to create synthetic minor 
sources and proposed to change the current policy of not allowing their 
use for this purpose. If the EPA allows otherwise major sources to 
qualify as synthetic minor sources through use of general permits, we 
request comment on specific changes that we would need to include in 
the limits of each permit to properly regulate synthetic minor sources 
for the six categories in this proposal. For example, should the EPA 
establish higher annual tpy allowable emission limitations or surrogate 
production limits that are just below the major source thresholds for 
each regulated NSR pollutant, or should the EPA maintain the 
limitations in the current proposed permits to maintain an adequate 
compliance margin?

F. Requirements of the Endangered Species Act and the National Historic 
Preservation Act \23\
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    \23\ These requirements apply to both general permits and 
permits by rule. Only general permits are mentioned here but the 
requirements apply identically to both permit types. Section VII.C. 
is specific to permits by rule and notes that these requirements 
also apply to permits by 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, including, for example, consultations in connection with 
undertakings affecting multiple tribes or states.
    The Indian country minor NSR program has increased the number of 
activities for which the EPA is the permitting authority. To meet ESA 
and NHPA requirements, we have developed a process for compliance with 
these laws when issuing the general permits. The EPA intends to consult 
with the Services and the Council on our general permits and the 
proposed procedures to address potential effects on relevant protected 
resources.
    For purposes of general permits, the EPA intends to adopt a 
framework that provides appropriate protection for listed species and 
critical habitat and historic properties. The EPA believes, 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 because 
they are by their nature small, low emitting sources. However, to 
ensure listed species and critical habitats and historic properties are 
protected, the EPA has developed a framework in the general permits 
that requires the applicant to identify and assess effects before a 
request for coverage under the general permit is submitted to the EPA. 
(As noted below, the applicant must submit the assessment to the EPA as 
part of the request for coverage.) Requiring this assessment should 
help identify any concerns related to potential impacts on listed 
species/critical habitat or historic properties early in the process 
when the greatest opportunities to mitigate or avoid any impacts--
including changes to the facility's location or footprint--are 
available. This framework is similar to procedures established by the 
Office of Water for the National Pollutant Discharge Elimination System 
General Permit for Stormwater Discharges from Construction 
Activities.\24\ The EPA believes that requiring a process in the 
general air quality permits that is similar to the already-established 
process for the general stormwater permits will be beneficial for all 
concerned: The applicants, the EPA, the tribes, and the Services.
---------------------------------------------------------------------------

    \24\ ``Final National Pollutant Discharge Elimination System 
(NPDES) General Permit for Stormwater Discharges from Construction 
Activities,'' U.S. Environmental Protection Agency, February 29, 
2012 (77 FR 12286), http://www.gpo.gov/fdsys/granule/FR-2012-02-29/2012-4822/content-detail.html.
---------------------------------------------------------------------------

    The screening processes developed in the permits for both the ESA 
and NHPA require the applicant to develop information about the 
possible effects of the proposed new or modified facility, which 
includes appropriate outreach to relevant expert resource agencies. 
Such information and a certification regarding the outcome of the 
applicant's screening procedures are submitted to the EPA as part of 
the request for coverage under the general permit. This information is 
included as an appendix to the applications for requests for coverage 
under the general permits. The EPA will review this information as part 
of determining whether a source is eligible for coverage under the 
general permit. Because we have limited the applicability of the 
general permits to categories of sources that have low emissions, we do 
not expect they are likely to adversely affect listed species/critical 
habitats, nor should they have potential effects on historic 
properties. However, if, through the procedures required in the permit, 
a source is determined to have an adverse effect on listed species/
critical habitats or potential effects on historic properties, the EPA 
retains the authority to deny coverage under the general permit and to 
proceed with source-specific permitting and consultation with the 
appropriate resource agency(ies).

VI. Summary of Specific Terms and Conditions of the General Permits and 
Request for Comment

    In the following sections, we provide a brief summary of the source 
category regulated by each general permit and the areas of each 
proposed general permit on which we specifically seek public comment. 
In this preamble, we are not delineating every aspect of the 
requirements of the general permits. Instead, we refer readers to the 
proposed permits and associated background information to review all of 
the detailed requirements we include in each general permit. Although 
we are soliciting comments on specific aspects of the proposed permits, 
we, nonetheless, invite the public to comment on all relevant aspects 
of the proposed permits.
    Generally, we have designed the proposed permits to be as 
comprehensive as possible and, thus, they contain emission limitations 
requirements for several, potentially affected emission units that 
could be found at a source. If a source determines that it does not 
have all of the emission units that the general permit covers, it can 
still seek coverage for those units

[[Page 41858]]

the permit covers. The intent of the comprehensive permit is to help 
avoid sources with multiple emission units having to apply for multiple 
general permits. In any case, if a source determines that it is does 
not meet the qualifications of the general permit for a given category, 
then it can apply for a site-specific permit.
    We are proposing the general permits for true minor sources in 
Indian country. To be eligible for a general permit as proposed in this 
action, a source would need to calculate the PTE for all of its NSR-
regulated pollutants for all existing, new, and modified emission 
units. If the total PTE is less than the NSR major source thresholds, 
then the source is eligible for the permit, provided all other 
qualifying conditions are satisfied.

A. Concrete Batch Plants

1. What is a concrete batch plant?
    A concrete batch plant is an operation that combines various 
ingredients to form concrete. Some of these inputs include sand, water, 
aggregate (rocks, gravel, etc.), fly ash, potash, and cement. There are 
two types of concrete batch plants: Ready mix plants and central mix 
plants. A concrete plant can have a variety of parts and equipment, 
including but not limited to: Mixers (either tilt-up or horizontal or 
in some cases both), cement batchers, aggregate batchers, conveyors, 
radial stackers, aggregate bins, cement bins, heaters, chillers, cement 
silos, batch plant controls, and dust collectors (to minimize 
environmental pollution).
    Concrete is composed essentially of water, cement, sand (fine 
aggregate) and coarse aggregate. Approximately 75 percent of the U.S. 
concrete manufactured is produced at plants that store, convey, measure 
and discharge these constituents into trucks for transport to a job 
site. At most of these plants, sand, aggregate, cement and water are 
all gravity fed from the weight hopper into the mixer trucks. The 
concrete is mixed on the way to the site where the concrete is to be 
poured. At some of these plants, the concrete may also be manufactured 
in a central mix drum and transferred to a transport truck. Most of the 
remaining concrete manufactured is cast as products in a factory 
setting. Precast products range from concrete bricks and paving stones 
to bridge girders, structural components, and panels for cladding. 
Concrete masonry, another type of manufactured concrete, may be best 
known for its conventional 8 x 8 x 16-inch block. In a few cases 
concrete is dry batched or prepared at a building construction site.
    Raw materials for concrete batch operations can be delivered to a 
plant by rail, truck or barge. The cement is transferred to elevated 
storage silos pneumatically or by bucket elevator. The sand and coarse 
aggregate are transferred to elevated bins by front end loader, 
clamshell crane, belt conveyor, or bucket elevator. From these elevated 
bins, the constituents are fed by gravity or screw conveyor to weigh 
hoppers, which combine the proper amounts of each material.
    PM, consisting primarily of cement and pozzolan dust, but including 
some aggregate and sand dust emissions, is the primary pollutant of 
concern. In addition, there are emissions of metals that are associated 
with this PM. All but one of the emission points is fugitive in nature. 
The only point sources are the transfer of cement and pozzolan material 
to silos, and these are usually vented to a fabric filter or ``sock.'' 
Fugitive sources include the transfer of sand and aggregate, truck 
loading, mixer loading, vehicle traffic, and wind erosion from sand and 
aggregate storage piles. The amount of fugitive emissions generated 
during the transfer of sand and aggregate depends primarily on the 
surface moisture content of these materials.
    The extent of fugitive emissions control varies widely from plant 
to plant. Types of controls used may include water sprays, enclosures, 
hoods, curtains, shrouds, movable and telescoping chutes, central duct 
collection systems, and the like. A major source of potential 
emissions, the movement of heavy trucks over unpaved or dusty surfaces 
in and around the plant, can be controlled by good maintenance and 
wetting of road surfaces.\25\
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    \25\ AP-42, Chapters 11.19.12, Concrete Batching, http://www.epa.gov/ttn/chief/ap42/ch11/index.html.
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2. What is in the proposed general air quality permit for new or 
modified true minor source concrete batch plants?
    This proposed general permit would apply to the construction of new 
true minor source concrete batch plants or the modification of existing 
true minor concrete batch plants located in Indian country. The 
proposed permit is designed to be as comprehensive as possible and, 
thus, contains emission limitations requirements for:
     Storage silos;
     Batch drop points;
     Loading transfer areas;
     Weigh hoppers;
     Auxiliary storage bins;
     Non-emergency stationary engines;
     Emergency stationary engines; and
     Setbacks.

    The proposed permit requires that the permittee maintain and 
operate each affected emission unit and any associated air pollution 
control equipment, considering the manufacturer's recommended operating 
procedures, so as to minimize emissions of NSR regulated pollutants. 
The reviewing authority will determine whether the permittee is using 
acceptable operating and maintenance procedures based on monitoring 
results, opacity observations, review of operating and maintenance 
procedures, and inspection of the permitted source. (Failure to meet 
these requirements would constitute a violation of the permit.)
    The proposed permit requires each storage silo to be equipped with 
an audible alarm or an automatic shutoff system that warns when the 
silo is full. Loading operations cannot be conducted without a warning 
or shutoff device. Storage silos, weigh hoppers and auxiliary storage 
bins must be vented to a fabric or cartridge filter. The filter systems 
can be a centralized system. A suction shroud or other pickup device 
should be installed at each batch drop point (drum, truck loading etc.) 
and vented to a fabric or cartridge filter system. Loading and 
unloading areas must be well lit during non-daylight hours when the 
permitted source is in operation and visible emissions from each 
storage silo, weigh hopper and auxiliary storage bin must not exceed 10 
percent opacity based on a six-minute average (according to EPA Method 
9 \26\). For portable and permanent concrete batch plants, the limit on 
production is a maximum annual production rate of 2,000,000 cubic 
yards. The proposed permit also requires a fugitive dust control plan.
---------------------------------------------------------------------------

    \26\ Method 9--Visual Determination of the Opacity of Emissions 
From Stationary Sources, http://www.epa.gov/ttn/emc/promgate/m-09.pdf.
---------------------------------------------------------------------------

    The proposed permit contains requirements for non-emergency and 
emergency engines, in the event such engines are present at the 
concrete batch plant. Non-emergency compression ignition engines 
present at the site, excluding nonroad mobile engines, must comply with 
the following:
     Use diesel or biodiesel containing no more than 15 ppm 
(0.0015 percent) sulfur;
     Each compression ignition engine that commenced 
construction on or after June 12, 2006 must be certified to the 
applicable Tier standards in 40 CFR 89.112 and 40 CFR 1039.101 through 
1039.104, for all pollutants, for the same

[[Page 41859]]

model year and maximum engine power; and
     Each compression ignition engine that commenced 
construction before June 12, 2006 shall meet certain standards as laid 
out in the permit based on the engine's maximum rated power.
    If the source includes one or more emergency engines, each 
emergency engine must be equipped with a non-resettable hour meter and, 
if using fuel oil, then it must use diesel or biodiesel containing no 
more than 15 ppm (0.0015 percent) sulfur. Newer emergency engines--
model year 2006 or later for compression ignition engines and 2009 or 
later for spark ignition engines--must meet certain certification or 
emission requirements that are contained in the EPA emissions standards 
at 40 CFR part 89, 40 CFR part 90, 40 CFR part 1048 or Table 1 to 40 
CFR part 60, subpart JJJJ, as applicable. Other, older emergency 
engines are required to meet certain routine maintenance requirements, 
and must follow the manufacturer's emission-related operation and 
maintenance instructions or the permittee must develop a 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.
    The proposed general permit includes monitoring that is sufficient 
to ensure compliance with the emission limitations that apply to the 
source, including ensuring the fabric/cartridge filters are operating 
properly, taking weekly opacity observations and fugitive emissions 
surveys and meeting certain other requirements. The permit also 
requires performance testing for emergency engines present at the plant 
that must meet certain emissions standards, but are not certified by 
the manufacturer to those standards and are not required to be 
certified by the manufacturer. This requirement is needed since the EPA 
certification program for certain engines is voluntary. The proposed 
general permit includes recordkeeping and reporting sufficient to 
ensure compliance with the monitoring requirements.
3. Request for Comment on the Proposed General Air Quality Permit for 
New or Modified True Minor Source Concrete Batch Plants
    We request comment on all aspects of the general permit for 
concrete batch plants. We specifically request comment in the following 
three areas:
a. Throughput Production Limit as a Surrogate for Annual Tons Per Year 
Allowable Emission Limitations
    The proposed concrete batch plant general permit contains a 
throughput-based production limit that serves as a surrogate for annual 
tpy allowable emission limitations. We discuss the use of surrogate 
limits in Section V.E. above. For portable and permanent concrete batch 
plants, as stated above, the limit on production is a maximum annual 
production rate of 2,000,000 cubic yards.
    The background information document for the proposed permit 
contains the approximate tpy emission thresholds for which the 
throughput limits act as surrogates. The proposed permit does not 
establish different throughput limits based on the attainment status of 
the area. We request comment on our use of throughput limits as a 
surrogate for tpy emission limitations for this source category, and on 
whether there should be different production throughput limits in 
attainment and nonattainment areas.
    In establishing specific limits for concrete batch facilities, we 
considered whether we should compute the production throughput limits 
on a tpy basis, or over a shorter period of time to ensure continuous 
compliance. For concrete batch plants, where PM10 is the 
limiting pollutant for non-fugitive emissions, we elected an annual 
production limit to ensure annual compliance. We request comment on 
whether we should instead establish a monthly total emission limitation 
based on a 30-day rolling total or on any other appropriate averaging 
period.
b. Setback Requirement
    The proposed general permit requires concrete batch plants to 
locate at least 150 feet from the nearest property boundary and 1,000 
feet from the nearest residence. A number of states include setback 
requirements in their general permits for this source category.\27\ We 
believe that this requirement will minimize the impact of emissions 
from these sources on localized air quality. We request comment on 
whether we should include the setback requirement in the final permit 
to provide additional protection against adverse impacts to localized 
air quality. In addition, we request comment on whether there are other 
neighboring types of buildings for which a setback should apply (e.g., 
schools, nursing homes) and whether to require owners/operators of 
concrete batch plants subject to the permit to use physical markers on 
their property to show compliance with the setback requirement.
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    \27\ Information on state setback provisions is available at: 
Background Document: General Air Quality Permit for New or Modified 
True Minor Source Concrete Batch Plants, Docket ID No. EPA-HQ-OAR-
2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

c. Authorizing Multiple Locations
    Concrete batch plants can operate as portable stationary sources. A 
plant will locate in a single area for a specified period of time and 
then disassemble and relocate to another area. We structured the 
proposed general permit to accommodate relocation of a plant. A source 
may identify multiple sites of operation in its request for coverage. 
The reviewing authority will consider the request for each location, 
and will specify approval of one or more of these locations in the 
approval of the request for coverage. If the reviewing authority does 
not approve a specific location, then the source will need to reapply 
for coverage under the general permit or for a site specific permit 
before relocating to this site. The general permit also requires a 
source to submit a notification to the reviewing authority each time it 
relocates to a pre-approved site. We request comment on the use of the 
general permit to authorize relocation of a plant to pre-approved site 
locations.

B. Boilers

1. What is a boiler?
    A boiler is a device in which water typically is heated to provide 
steam to drive turbines or engines, supply heat, or process materials. 
This proposed permit covers steam generating units located at 
institutional, commercial, and industrial facilities which combust non-
solid fossil fuels such as natural gas and fuel oil. This permit does 
not cover boilers located at electric utilities or boilers used for the 
burning of other fuels such as coal and wood. This source category does 
not cover the manufacturers of boilers. The proposed General Air 
Quality Permit for New or Modified True Minor Source Boilers only 
covers new, true minor source boilers and modifications of existing 
true minor source boilers.
    Boilers designed to burn fuel oil primarily combust distillate oils 
and residual oils.\28\ These boilers can be of water tube, fire tube, 
cast iron, or tubeless design. Water tube boilers are used in a variety 
of applications ranging from supplying large amounts of process steam 
to providing space heat for

[[Page 41860]]

industrial facilities. In a water tube boiler, combustion heat is 
transferred to water flowing through tubes which line the furnace walls 
and boiler passes. The tube surfaces in the furnace (which houses the 
burner flame) absorb heat primarily by radiation from the flames. The 
tube surfaces in the boiler (adjacent to the primary furnace) absorb 
heat primarily by convective heat transfer. Fire tube boilers are used 
primarily for heating systems, industrial process steam generators, and 
portable power boilers. In fire tube boilers, the hot combustion gases 
flow through the tubes while the water being heated circulates outside 
of the tubes. A cast iron boiler is one in which combustion gases rise 
through a vertical heat exchanger and out through an exhaust duct. 
Water in the heat exchanger tubes is heated as it moves upward through 
the tubes. Cast iron boilers produce low pressure steam or hot water, 
and generally burn oil or natural gas. They are used primarily in the 
residential and commercial sectors. (Note that residential boilers are 
not covered by the proposal.) Tubeless boilers incorporate nested 
pressure vessels with water in between the shells. Combustion gases are 
fired into the inner pressure vessel and are then sometimes 
recirculated outside the second vessel.
---------------------------------------------------------------------------

    \28\ AP-42, Chapter 1.3--Fuel Oil Combustion, http://www.epa.gov/ttnchie1/ap42/ch01/.
---------------------------------------------------------------------------

    Natural gas combustion boilers are used to generate industrial 
electric power, produce industrial process steam and heat, and heat 
residential and commercial space.\29\ (Note that residential boilers 
are not covered by the proposal.) Natural gas is generally more than 85 
percent methane with varying amounts of ethane, propane, butane, and 
inert gases (typically nitrogen, carbon dioxide (CO2), and 
helium). Natural gas combustion boilers may be of water tube, fire 
tube, or cast iron design. Water tube boilers can be distinguished 
either as field erected units or packaged units; the former are built 
onsite in either wall-fired or tangential-fired configurations and 
generally have heat input levels exceeding 100 million British thermal 
units (MMBtu)/hour, while the latter are shipped where needed, are 
always wall-fired, and generally have heat input levels of less than 
100 MMBtu/hour.
---------------------------------------------------------------------------

    \29\ AP-42, Chapter 1.4--Natural Gas Combustion, http://www.epa.gov/ttnchie1/ap42/ch01/.
---------------------------------------------------------------------------

    The emissions from fuel oil-fired boilers include PM, 
SO2, NOX, CO, small amounts of VOCs, and trace 
elements. The emissions from natural gas-fired boilers include 
NOX, CO, CO2, nitrous oxide, VOCs, trace amounts 
of SO2, and PM.
2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Boilers?
    This proposed general permit would apply in Indian country to the 
construction of new, true minor source boilers and modifications of 
existing true minor source boilers. The proposed permit is designed to 
be as comprehensive as possible and, thus, contains requirements for:
     Boiler capacity limits;
     Emissions and opacity limitations;
     Boiler stacks;
     Fuel usage;
     Setbacks; and
     Emergency engines.
    The proposed permit requires that the permittee maintain and 
operate each affected emission unit and any associated air pollution 
control equipment, considering the manufacturer's recommended operating 
procedures, so as to minimize emissions of NSR regulated pollutants. 
The reviewing authority will determine whether the permittee is using 
acceptable operating and maintenance procedures based on monitoring 
results, opacity observations, review of operating and maintenance 
procedures, and inspection of the permitted source. (Failure to meet 
these requirements would constitute a violation of the permit.)
    The proposed permit uses boiler capacity limits as emissions 
limitations. The permit provides a capacity limit for an individual 
boiler located in an attainment or nonattainment area of less than 100 
MMBtu/hour. Further, the proposed permit restricts capacity by laying 
out a matrix of combined maximum rating capacity limits for different 
fuel types (i.e., liquid, gaseous) by boiler size or type. The combined 
capacity limits vary by area designation/classification. The combined 
capacity limits are set at levels intended to ensure the covered 
sources remain below major source levels.
    The proposed permit also provides output-based and input-based 
emission limitations for boilers rated at 10 MMBtu/hour or greater. The 
proposed permit restricts fuel use to natural gas or fuel oil (i.e., 
diesel or biodiesel) with a sulfur content of 0.0015 percent or less by 
weight. In addition, a natural gas unit may use fuel oil as a backup 
emergency fuel for up to 500 hours per calendar year.
    The proposed permit requires that the boiler(s) must not discharge 
into the atmosphere any gases that exhibit 5 percent opacity or greater 
averaged over any six-consecutive-minute period. The boiler stack(s) 
must be above the buildings in the vicinity, discharge vertically, and 
have no obstructions to gas flow such as rain caps, except for hinged 
rain caps. Each boiler must undergo biennial tune-ups.
    If the permittee is operating the boiler(s) in a severe or extreme 
ozone nonattainment area, then the permittee must comply with 
additional requirements. Boilers located in severe or extreme ozone 
nonattainment areas must meet tighter emissions limitations for 
NOX.
    The proposed permit contains requirements for emergency engines 
located at the same facility as a boiler. Each emergency engine must be 
equipped with a non-resettable hour meter and, if using fuel oil, then 
it must use diesel or biodiesel containing no more than 15 ppm (0.0015 
percent) sulfur by weight. Newer emergency engines--model year 2006 or 
later for compression ignition engines and 2009 or later for spark 
ignition engines--must meet certain certification or emission 
requirements that are specified in the EPA emissions standards at 40 
CFR part 89, 40 CFR part 90 and 40 CFR part 1048 or Table 1 to 40 CFR 
part 60, subpart JJJJ, as applicable. Older emergency engines are 
required to meet certain routine maintenance requirements, and must 
follow the manufacturer's emission-related operation and maintenance 
instructions or the permittee must develop a 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.
    The proposed permit includes monitoring that is sufficient to 
ensure compliance with the emission limitations that apply to the 
source, including visible emissions surveys and an initial and 
additional periodic performance testing. The proposed permit also 
requires performance testing for emergency engines located at the same 
source that must meet certain emissions standards, but are neither 
required to be certified by the manufacturer nor are certified by the 
manufacturer as meeting those standards. The basis for this requirement 
is the fact that the EPA certification program for certain engines is 
voluntary. The proposed permit includes recordkeeping and reporting 
sufficient to ensure compliance with the monitoring requirements.

[[Page 41861]]

3. Request for Comment on the Proposed General Air Quality Permit for 
New or Modified True Minor Source Boilers
    We request comment on all aspects of the general permit for 
boilers. We specifically request comment in the following three areas:
a. Surrogate Annual Allowable Emission Limitations
    The boilers general permit contains capacity limits that serve as 
surrogate annual tpy allowable emission limitations. We discuss the use 
of surrogate limits in detail in Section V.E. above. In addition, we 
request comment on the use of these surrogate capacity limits. In lieu 
of establishing surrogate limits, we request comment on whether, 
instead of containing surrogate limits, the final permits should 
contain tpy emission limitations and require the use of monitoring of 
material use to demonstrate compliance. We also request comment on 
finalizing two boiler general permits--one intended for smaller, 
simpler sources that uses capacity limits and one for larger, more 
complex sources that uses tpy emission limitations together with 
additional monitoring and recordkeeping requirements. Other 
requirements in the permits would be essentially the same. Finally, we 
request comment on the appropriateness of establishing different 
capacity limits based on the attainment status of the area and whether 
the specified capacity limits should be lower in nonattainment areas 
than attainment areas.
b. Should we establish different requirements for severe or extreme 
ozone nonattainment areas?
    The proposed general permit contains emissions limits for sources 
that locate in severe or extreme ozone nonattainment areas. We request 
comment on the need for these limits.
c. Setback Requirement
    The proposed general permit requires the exhaust from each boiler 
or heater to be located a minimum of 50 feet from the nearest property 
line and 150 feet from any adjacent residential or commercial 
establishment or place of public assembly. The EPA's 40 CFR parts 60, 
61, and 63 regulations do not contain setback requirements affecting 
boilers or heaters. However, certain states include setback 
requirements in their general permits for certain source categories, 
although not necessarily for boilers. We believe that these 
requirements will minimize the impact of emissions from these sources 
on localized air quality. These setbacks are less stringent than the 
proposed setback permit provisions in the proposed concrete batch 
plant, engine and sawmill permits. We believe a different (lesser) 
setback requirement is warranted for the boilers general permit 
compared to the other general permits because of the different type of 
equipment associated with the stationary sources covered by this 
proposed permit. This proposed permit would generally be used for 
institutional, commercial, and small industrial operations which tend 
to have less air impact. In addition, the boilers general permit 
contains specific numerical limits on NOX and CO emissions 
that will further limit air impacts.
    We request comment on whether we should include these setback 
requirements in the final permit to provide additional protection 
against adverse impacts to local air quality. In addition, we request 
comment on whether there are other neighboring types of buildings from 
which the setback should apply (e.g., schools, nursing homes) and 
whether to require owners/operators of the boilers subject to the 
permit to use physical markers on their property to show compliance 
with the setback requirements.

C. Stationary Compression Ignition and Spark Ignition Engines

1. What are compression ignition and spark ignition engines?
    Engines covered by these proposed general permits \30\ are 
stationary internal combustion engines (ICE or engine) that convert 
heat energy into mechanical work and are not mobile. This source 
category does not include combustion turbines or nonroad \31\ engines 
(mobile ICE) such as those on forklifts, off-highway mobile cranes, 
bulldozers, and lawnmowers. Stationary ICE include reciprocating ICE, 
rotary ICE, and other ICE, except combustion turbines as noted above. 
Engine manufacturers are not included in this source category. In 
addition, these general permits only apply to engines located at true 
minor sources.
---------------------------------------------------------------------------

    \30\ The EPA is making available for comment two proposed 
general permits: One for spark ignition internal combustion engines 
and one for compression ignition internal combustion engines.
    \31\ As defined in 40 CFR 1068.30, a nonroad engine is used to 
propel a motor vehicle, aircraft, or a vehicle used solely for 
competition.
---------------------------------------------------------------------------

    The proposed general permits cover both stationary non-emergency 
and emergency stationary ICE. Emergency stationary ICE include any 
stationary internal combustion engine whose operation is limited to 
emergency situations and for which testing and maintenance are 
required. Examples include stationary ICE 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 stationary ICE used to pump water in the case of fire, 
flood, or other adverse event. Stationary ICE used to supply power to 
an electric grid or that supply power as part of a financial 
arrangement with another entity are not considered to be emergency 
engines.\32\
---------------------------------------------------------------------------

    \32\ The definitions for emergency and stationary engines are 
adopted from the definitions in 40 CFR 60.4219.
---------------------------------------------------------------------------

    There are two types of ICE: Spark ignition and compression 
ignition. A spark ignition engine is a gasoline, natural gas, or any 
other type of engine with a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation. 
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is 
used for compression ignition ICE and a gaseous fuel (typically natural 
gas) is used as the primary fuel at an annual average ratio of less 
than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are spark ignition engines. A compression ignition ICE 
is defined as an engine that is not a spark ignition engine. These 
engines are typically diesel engines where the heat generated from 
compression is enough to initiate the combustion process, without 
needing an external spark.\33\
---------------------------------------------------------------------------

    \33\ The definitions for spark ignition and compression ignition 
engines are adopted from the definitions in 40 CFR 60.4219.
---------------------------------------------------------------------------

    Gasoline, diesel (No. 2 fuel oil), and natural gas are the three 
primary fuels used for ICE. Most natural gas-fired reciprocating 
engines are used in the natural gas industry at pipeline compressor and 
storage stations and at gas processing plants.\34\ Gasoline and small 
diesel ICE (with capacities equal to or less than 600 horsepower (hp)) 
are used in a wide variety of industrial applications such as 
generators, pumps, and material handling equipment (such as conveyors). 
Gasoline is used primarily for mobile and portable engines. Diesel fuel 
oil is the most versatile fuel and is used in compression ignition 
engines of all

[[Page 41862]]

sizes. Substantial differences in engine duty cycles exist.\35\
---------------------------------------------------------------------------

    \34\ AP-42, Chapter 3.2--Natural Gas-fired Reciprocating 
Engines, http://www.epa.gov/ttnchie1/ap42/ch03/.
    \35\ AP-42, Chapter 3.3--Gasoline and Diesel Industrial Engines, 
http://www.epa.gov/ttnchie1/ap42/ch03/.
---------------------------------------------------------------------------

    Large stationary diesel ICE (with capacities greater than 600 hp) 
are often used in oil and gas exploration and production. These 
engines, in groups of 3 to 5, supply mechanical power to operate 
drilling (rotary table), mud pumping, and hoisting equipment, and may 
also operate pumps or auxiliary power generators. Another frequent 
application of large stationary diesel ICE is electricity generation 
for both base and standby service. Smaller uses include irrigation, 
hoisting, and nuclear power plant emergency cooling water pump 
operation.\36\
---------------------------------------------------------------------------

    \36\ AP-42, Chapter 3.4--Large Stationary Diesel and All 
Stationary Dual-fuel Engines, http://www.epa.gov/ttnchie1/ap42/ch03/
.
---------------------------------------------------------------------------

    The primary criteria pollutants emitted by engines are 
NOX, CO, and VOC. The formation of NOX is 
exponentially related to combustion temperature in the engine cylinder. 
The other pollutants, CO and VOC, are primarily the result of 
incomplete combustion. PM emissions include trace amounts of metals, 
non-combustible inorganic material, and condensible, semi-volatile 
organics which result from volatized lubricating oil, engine wear, or 
from products of incomplete combustion. Emissions of sulfur compounds, 
mainly SO2, are directly related to the sulfur content of 
the fuel.
    Three generic control techniques have been developed for 
reciprocating engines: Parametric controls (timing and operating at a 
leaner air-to-fuel ratio); combustion modifications such as advanced 
engine design for new sources or major modification to existing sources 
(clean-burn cylinder head designs and pre-stratified charge combustion 
for rich-burn engines); and post-combustion catalytic controls 
installed on the engine exhaust system. Post-combustion catalytic 
technologies include selective catalytic reduction, nonselective 
catalytic reduction, and CO oxidation catalysts.\37\
---------------------------------------------------------------------------

    \37\ AP-42, Chapter 3.2--Natural Gas-fired Reciprocating 
Engines, http://www.epa.gov/ttnchie1/ap42/ch03/.
---------------------------------------------------------------------------

2. What is in the proposed General Air Quality Permits for New or 
Modified True Minor Source Spark Ignition and Compression Ignition 
Engines?
    These two proposed general permits would apply to the construction 
of new, true minor source stationary compression ignition and spark 
ignition engines or the modification of existing, true minor source 
engines located in Indian country. We created separate proposed general 
permits, one for compression ignition engines and one for spark 
ignition engines, because there are different requirements for each 
type of engine. Both engine general permits cover emergency and non-
emergency engines. (Sources that only have emergency engines and also 
intend to construct a boiler may want to consider the boiler general 
permit, which allows for greater boiler and emergency engine capacity.) 
However, we have written both proposed general permits to accommodate 
emergency engines of both engine types because the emissions from 
emergency engines are relatively small and we did not want a particular 
source to not be able to qualify for the general permit if, for 
example, they happen to have a small compression ignition emergency 
engine at a source of non-emergency spark ignition engines. As a 
result, the spark ignition engine general permit covers non-emergency 
spark ignition engines, emergency spark ignition engines, and emergency 
compression ignition engines. The compression ignition general permit 
covers non-emergency compression ignition engines, emergency 
compression ignition engines, and emergency spark ignition engines.
    The proposed general permits for compression ignition and spark 
ignition engines require that the permittee, considering the 
manufacturer's recommended operating procedures, maintain and operate 
each affected emission unit and any associated air pollution control 
equipment so as to minimize emissions of NSR regulated pollutants. The 
reviewing authority will determine whether the permittee is using 
acceptable operating and maintenance procedures based on monitoring 
results, opacity observations, review of operating and maintenance 
procedures, and inspection of the permitted source. (Failure to meet 
these requirements would constitute a violation of the permit.)
    The proposed compression ignition general permit imposes different 
requirements depending upon where the source chooses to locate or 
modify and whether the engine is for emergency or non-emergency 
purposes. The proposed permit contains a setback requirement. Each non-
emergency compression ignition engine must not be located less than 150 
feet from the nearest property boundary and 1,000 feet from the nearest 
residence.
    The proposed compression ignition general permit contains two 
options for meeting capacity limits for engines locating in ozone 
attainment, unclassifiable or attainment/unclassifiable areas or ozone 
marginal and moderate nonattainment areas. Option 1 allows for a source 
to have greater non-emergency engine capacity (up to 3800 hp) if the 
non-emergency engines are within a set of certain parameters, mainly 
related to whether the engines are part of a generator set. These types 
of engines must meet much more stringent emission limits, resulting in 
fewer emissions, and, thus, the permit provides the ability to increase 
the capacity limit. Option 2 allows for less capacity for non-emergency 
engines (1900 hp) but does not require non-emergency engines to be 
within the specific parameters in Option 1. The proposed permit also 
contains an additional overall capacity limit for engines locating or 
modifying in serious ozone nonattainment areas (1100 hp for non-
emergency engines and 750 hp for emergency engines) and does not allow 
permit coverage for engines locating or modifying in severe or extreme 
ozone nonattainment areas.
    The capacity limits restrict the size of engines that would be 
covered by the proposed general permit. The proposed capacity limits 
serve as surrogate emissions limitations and are set at levels that 
correspond to emission rates intended to ensure emissions from sources 
covered by the general permit are below major source levels.
    The proposed compression ignition permit also includes requirements 
for auxiliary heaters present at the new or modified facility so that 
the permittee would not need to seek a separate permit for that 
emissions unit. For the auxiliary heaters, the permit provides capacity 
limits which require that the combined maximum heat input of all 
auxiliary heaters not be greater than 10 MMBtu/hour and they can only 
burn natural gas. Non-emergency compression ignition engines can only 
use distillate fuel (i.e., diesel or biodiesel) containing no more than 
15 ppm (0.0015 percent) sulfur by weight. Each of the engines must be 
model year 2014 or later and certified by the manufacturer to the 
applicable standards in 40 CFR part 89 and the Tier 4 standards in 40 
CFR 1039.101 through 1039.104, for all pollutants, for the same model 
year and maximum engine power.
    Under the proposed spark ignition general permit, spark ignition 
engines must meet certain capacity limits intended to ensure the 
sources operate as minor sources. The combined maximum engine power of 
all non-emergency spark ignition engines at a single permitted source 
location shall be no greater than 1750 hp. The combined maximum engine 
power of all

[[Page 41863]]

emergency engines at a single permitted source location must be no 
greater than 800 hp. Non-emergency spark ignition engines must comply 
with the limitations and standards in 40 CFR part 1054, 40 CFR part 
1048, or Table 1 to 40 CFR part 60, subpart JJJJ, as applicable. The 
Permittee must operate and maintain each engine certified by the 
manufacturer, and any associated control device, according to the 
manufacturer's emission-related written instructions. Each natural gas-
fired engine may be operated using propane for a maximum of 100 hours 
per year as an alternative fuel solely during emergency operations, 
provided such records are kept.
    The proposed spark ignition general permit also contains a setback 
requirement. Each non-emergency spark ignition engine must not be 
located less than 150 feet from the nearest property boundary and 1,000 
feet from the nearest residence.
    The proposed compression ignition and spark ignition permits 
contain requirements for emergency engines located at the same source 
as the boiler(s), in the event such engines are present at the same 
facility as the boiler(s). Each emergency engine must be equipped with 
a non-resettable hour meter and, if using fuel oil, then it must use 
diesel or biodiesel containing no more than 15 ppm (0.0015 percent) 
sulfur by weight. Newer emergency engines--model year 2006 or later for 
compression ignition engines and 2009 or later for spark ignition 
engines--must meet certain certification or emission requirements that 
are specified in the EPA emissions standards at 40 CFR part 89, 40 CFR 
part 90 and 40 CFR part 1048 or Table 1 to 40 CFR part 60, subpart 
JJJJ, as applicable. Older emergency engines are required to meet 
certain routine maintenance requirements, and must follow the 
manufacturer's emission-related operation and maintenance instructions 
or the permittee must develop a 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.
    The proposed compression ignition and spark ignition permits 
include monitoring that is sufficient to ensure compliance with the 
emission limitations that apply to the covered ICE, including 
requirements to monitor fuel use on a monthly basis for each engine and 
to conduct performance tests for engines not certified by the 
manufacturer. The proposed permits also require performance testing for 
spark ignition emergency engines that must meet certain emissions 
standards, but are neither required to be certified by the manufacturer 
nor certified by the manufacturer to those standards and are not 
required to be certified by the manufacturer. This requirement is 
necessary because the EPA certification program for certain engines is 
voluntary. The proposed spark ignition general permit also includes, 
for each engine equipped with an air-to-fuel ratio controller, a 
requirement for proper maintenance and operation of the engine and 
emissions control device to ensure its smooth operation. The proposed 
permits include recordkeeping and reporting requirements.
3. Request for Comment on the Proposed General Air Quality Permits for 
New or Modified True Minor Source Spark Ignition and Compression 
Ignition Engines
    We request comment on all aspects of the proposed general permits 
for engines. We specifically request comment in the following four 
areas:
(a) The Use of Capacity Limits as Surrogate Annual Allowable Emission 
Limitations
    In addition to fuel sulfur content limits and output-based 
limitations for auxiliary heaters, the EPA is proposing to use capacity 
limits as surrogate annual allowable emission limitations for the 
engines source category. The capacity limits are set at levels intended 
to ensure that the engines operate as minor sources.\38\ We request 
comment on the appropriateness of these capacity limits. We also 
request comment on whether the required emissions limitations should be 
expressed as capacity limits or in another form.
---------------------------------------------------------------------------

    \38\ Information on the source of these capacity limits is 
available at: Background Document: General Air Quality Permits for 
New or Modified True Minor Source Compression Ignition and Spark 
Ignition Engines, Docket ID No. EPA-HQ-OAR-2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

(b) Setback Requirement
    The proposed general permits require stationary spark ignition and 
compression ignition engines to locate at least 150 feet from the 
nearest property boundary and 1,000 feet from the nearest residence. 
The EPA's 40 CFR parts 60, 61, and 63 regulations do not contain 
setback requirements affecting these engines. However, certain states 
include setback requirements in their general permits for certain 
source categories, but not necessarily for engines alone. We believe 
that it is prudent to propose a setback for engines due to the 
potential for local scale air quality impacts due to NOX 
emissions from compression ignition engines that can transform in the 
atmosphere to nitrogen dioxide (NO2) and have local 
NO2 impacts, as well as CO emissions from spark ignition 
engines that can have local CO impacts. We believe that these 
requirements will minimize the impact of emissions from these sources 
on localized air quality. We request comment on whether we should 
include these setback requirements in the final permits to provide 
additional protection against adverse impacts to local air quality. In 
addition, we request comment on whether there are other neighboring 
types of buildings from which the setback should apply (e.g., schools, 
nursing homes) and whether to require owners/operators of the engines 
subject to the permit to use physical markers on their property to show 
compliance with the setback requirements.
(c) Should we establish different requirements for compression ignition 
engines locating or modifying in serious ozone nonattainment areas?
    The proposed general permit for compression ignition engines 
contains additional requirements for sources that locate or modify in 
serious ozone nonattainment areas. These requirements consist of 
overall capacity limits for non-emergency and emergency engines. We 
added this requirement to provide extra air quality protection for 
areas with poorer ozone air quality. We request comment on the need for 
these enhanced requirements in serious ozone nonattainment areas.
(d) Should owners and operators seeking to locate compression ignition 
engines in severe, and/or extreme ozone nonattainment areas (or to 
modify engines already located in those areas) be allowed to use the 
proposed general permit?
    The proposed compression ignition general permit contains 
requirements for engines locating or modifying in marginal, moderate 
and serious ozone nonattainment areas. Engines locating or modifying in 
severe or extreme ozone nonattainment areas are not eligible for 
coverage under the proposed general permit. This is because the 
appropriate capacity limits that EPA would set in order to keep an 
engine from being a major NOX source in a severe or extreme 
nonattainment would be too low to be viable. We request comment on 
whether our reasoning here is sound and whether we should restrict 
applicability of the proposed compression ignition engine general 
permit to marginal,

[[Page 41864]]

moderate, and serious ozone nonattainment areas.

D. Graphic Arts and Printing Operations

1. What is a graphic arts and printing operation?
    The term ``graphic arts'' as used here means four basic processes 
of the printing industry: Web offset lithography, web letterpress, 
rotogravure, and flexography.\39\ (Screen printing and manual sheet-fed 
techniques are not included in this source category description.) 
Printing may be performed on coated or uncoated paper and on other 
surfaces, as in metal decorating and some fabric coating. The material 
to receive the printing is called the substrate. The distinction 
between printing and paper coating, both of which may employ 
rotogravure or lithographic methods, is that printing invariably 
involves the application of ink by a printing press, whereas paper 
coating does not involve that process. Printing and paper coating do, 
however, have these elements in common: Application of a relatively 
high-solvent-content material to the surface of a moving web or film; 
rapid solvent evaporation by movement of heated air across the wet 
surface; and solvent-laden air exhausted from the system. Printing inks 
vary widely in composition, but all consist of three major components: 
Pigments, which produce the desired colors and are composed of finely 
divided organic and inorganic materials; binders, the solid components 
that lock the pigments to the substrate and are composed of organic 
resins and polymers or, in some inks, oils and rosins; and solvents, 
which dissolve or disperse the pigments and binders and are usually 
composed of organic compounds. The binder and solvent make up the 
``vehicle'' part of the ink. The solvent evaporates from the ink into 
the atmosphere during the drying process.
---------------------------------------------------------------------------

    \39\ AP-42, Chapter 4.9--AP-42, http://www.epa.gov/ttn/chief/ap42/ch04/index.html.
---------------------------------------------------------------------------

    VOCs are the primary pollutant of concern from printing operations. 
Such emissions vary with the printing process, ink formulation and 
coverage, press size and speed, and operating time. The type of paper 
(coated or uncoated) has little effect on the quantity of emissions, 
although low levels of VOC emissions are derived from the paper stock 
during drying. Most of the solvent contained in the ink and used for 
dampening and cleanup is eventually emitted into the atmosphere; 
however, some solvent does remain with the printed product leaving the 
plant and is released to the atmosphere later. Overall, VOC emissions 
can be computed using a material balance concept, except in cases where 
a direct flame dryer is used and some of the solvent is thermally 
degraded.
2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Graphic Arts and Printing Operations?
    This proposed general permit would apply to the construction of 
new, true minor source graphic arts and printing facilities or the 
modification of existing, true minor source facilities, located in 
Indian country.
    The proposed permit requires that the permittee maintain and 
operate each affected emission unit and any associated air pollution 
control equipment, considering the manufacturer's recommended operating 
procedures, so as to minimize emissions of NSR regulated pollutants. 
The reviewing authority will determine whether the permittee is using 
acceptable operating and maintenance procedures based on monitoring 
results, review of operating and maintenance procedures, and inspection 
of the permitted source. (Failure to meet these requirements would 
constitute a violation of the permit.)
    This proposed general permit is not available to sources that are 
major sources of hazardous air pollutants (HAPs). Under section 112 of 
the CAA, a source is considered major for HAPs if it emits 25 tpy or 
more of any combination of HAPs or 10 tpy of any single HAP. We are 
proposing that the general permit for this source category not be 
applicable to a major source of HAPs because additional requirements 
apply to these types of source and we believe the general permits 
should be reserved for sources with straightforward permitting 
requirements. We believe that permit applications for such major 
sources should receive greater scrutiny than a general permit would 
provide. We welcome comment on this issue.
    The proposed permit requires that VOC emissions from an individual 
printing press (i.e., printing line) not exceed 25 tpy. We included 
this requirement to avoid the need for add-on control requirements. We 
believe smaller printing presses (i.e., those that emit less than 25 
tpy of VOC) do not warrant the need for add-on controls. Sources 
applying for this permit that nevertheless intend to install add-on 
controls would not be prohibited from obtaining this general permit, 
but they would need to be able to demonstrate compliance with the 
permit without the consideration of controls. Thus, this general permit 
is only intended for smaller graphic arts and printing operations, as 
larger operations would likely require more site-specific review and 
add-on controls.
    The proposed permit also requires that VOC emissions from the 
combination of all graphic arts and printing operations (all printing 
lines at the facility) not exceed certain tpy limitations that vary by 
ozone area designation and classification. For nonattainment areas, the 
numerical limitations become more stringent as the classification 
increases from marginal to extreme.
    For flexible packaging printing operations, the permit contains VOC 
content limitations for each coating, ink or adhesive used. However, 
the permit provides an exemption that allows up to 110 gallons per 
calendar year of VOC-containing material to not meet the VOC content 
limitations standards for graphic arts and printing operations located 
in areas designated as ozone attainment, unclassifiable, attainment/
unclassifiable, marginal nonattainment, or moderate nonattainment. This 
is to allow the use of a small amount of specialty coating, inks, or 
adhesives.
    For offset lithographic and letterpress printing operations, the 
permit contains VOC limitations that vary depending upon the type of 
printing operation. The permit provides limitations for heatset web 
offset lithographic printing, sheet-fed offset lithographic printing 
and coldset web offset lithographic printing. The permit provides an 
exemption from VOC limitations for sheet-fed offset lithographic 
printing operations that use sheet-fed presses with sheet sizes of 11 
inches by 17 inches or smaller OR any press with a total fountain 
solution reservoir of less than 1 gallon.
    The permit provides additional VOC limits for permitted sources 
that locate or modify in a serious, severe or extreme ozone 
nonattainment area for the following materials:
     Lithographic ink;
     Letterpress ink;
     Rotogravure ink;
     Flexographic ink non-porous substrate;
     Flexographic ink porous substrate;
     Flexographic fluorescent ink;
     Coating;
     Adhesive; and
     Fountain solution.

The permit requires that: (1) The VOC content of cleaning materials 
used for cleaning operations not exceed 70 percent by weight; (2) all 
VOC-containing material (e.g., inks, adhesives, coatings, thinners, and 
clean-

[[Page 41865]]

up solvents) be stored in closed containers with labels that clearly 
identify the contents of the container; and (3) all waste materials 
containing VOC (e.g., soiled rags) be stored in sealed containers until 
properly disposed.

    The permittee must implement procedures to minimize spills of any 
VOC-containing material during handling and transfer to and from 
containers, enclosed systems, waste receptacles and other equipment.
    The proposed permit contains requirements for new or modified 
emergency engines, in the event such engines are present at the new or 
modified graphic arts and printing facility. Each emergency engine must 
be equipped with a non-resettable hour meter and, if using fuel oil, 
then it must use diesel or biodiesel containing no more than 15 ppm 
(0.0015 percent) sulfur by weight. Newer emergency engines--model year 
2006 or later for compression ignition engines and 2009 or later for 
spark ignition engines--must meet certain certification or emission 
requirements that are contained in the EPA emissions standards at 40 
CFR part 89, 40 CFR part 90 and 40 CFR part 1048 or Table 1 to 40 CFR 
part 60, subpart JJJJ, as applicable. Other, older emergency engines at 
the new or modified facility are required to meet certain routine 
maintenance requirements, and must follow the manufacturer's emission-
related operation and maintenance instructions or the permittee must 
develop and implement a 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.
    The proposed permit includes monitoring that is sufficient to 
ensure compliance with the emission limitations that apply to the 
source. Compliance would include requiring monitoring the usage of VOC-
containing materials on a weekly basis and conducting performance 
testing for emergency engines that are not required to be certified by 
the manufacturer as meeting those standards and are not in fact so 
certified. (This requirement is needed since the EPA certification 
program for certain engines is voluntary.) The proposed permit includes 
recordkeeping and reporting sufficient to ensure compliance with the 
monitoring requirements.
3. Request for Comment on the Proposed General Air Quality Permit for 
New or Modified True Minor Source Graphics Arts and Printing Operations
    We request comment on all aspects of the proposed general permit 
for graphic arts and printing operations. We specifically request 
comment in the following two areas:
(a) Use of Tons Per Year Numbers as Emission Limitations
    In addition to proposing limits on the VOC content of specified 
materials, the EPA is also proposing to include annual allowable VOC 
emission limitations for the graphic arts and printing operations 
source category. The proposed general permit includes an upper emission 
limitation of 25 tpy of VOC from an individual printing press (printing 
line). The proposed permit also provides overall total tpy emissions 
limitations for all printing lines at the facility, which become more 
stringent as the classification of the relevant ozone nonattainment 
area increases.\40\ Sources will need to monitor their material usage 
and perform material balance calculations using the calculator we are 
providing to ensure they are staying within these tpy limitations.
---------------------------------------------------------------------------

    \40\ Information on these limitations is available at: 
Background Document: General Air Quality Permit for True Minor 
Source Graphics Arts and Printing Operations, Docket ID No. EPA-HQ-
OAR-2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

    We opted to not propose surrogate throughput limits for graphic 
arts and printing operations, as we have for one other source category, 
because of the diversity of printing lines and materials that a 
facility may employ. It would be very difficult to set a material usage 
throughput limit that would have broad applicability. In addition, 
providing actual emissions limitations directly in the permit ensures 
the protection of air quality, while at the same time providing the 
source with flexibility regarding the types of printing lines and 
materials they use. We request comment both on the appropriateness of 
establishing annual VOC emissions limitations in the permit (versus 
throughput limits) and on whether the proposed limitations are set at 
the correct levels.
(b) Should we establish requirements that differ from those for 
attainment, unclassifiable and attainment/unclassifiable areas for 
marginal, moderate, serious, severe and extreme ozone nonattainment 
areas?
    The proposed permits contain additional requirements for sources 
that locate in ozone nonattainment areas. First, the annual tpy 
emissions limitations for VOC decline as the classification of ozone 
nonattainment increases from marginal to extreme. The numbers are set 
at levels intended to ensure that the sources are not major for HAPs or 
for NSR purposes. Second, the proposed permit requires lower VOC 
content levels for materials used at graphic arts and printing 
operations located in severe or extreme ozone nonattainment areas. Both 
of these features are meant to ensure that there is extra air quality 
protection in ozone nonattainment areas with higher classifications. We 
request comment on whether these additional limitations are needed and, 
if so, whether they are set at the correct levels.

E. Sawmills

1. What is a sawmill facility?
    A sawmill facility is an operation that processes raw timber into 
dimensional lumber for shipping and eventual sale. A modern sawmill's 
basic operation is much like those of hundreds of years ago; a log 
enters at one end and dimensional lumber exits at the other end. 
Sawmill activities include sawing, planing, sanding, chipping and 
drying wood. Sawmill facilities are common in areas with ample supplies 
of timber, including the southeast and northwest.
    A sawmill's basic operation involves several steps to turn logs 
into dimensional lumber:
     Logs are brought in by logging truck, rail or a log drive 
to the sawmill;
     Logs are scaled either on the way to the mill or upon 
arrival at the mill;
     Debarking removes bark from the logs;
     Decking is the process for sorting the logs by species, 
size and end use (lumber, plywood, chips);
     The head saw, head rig or primary saw, breaks the log into 
cants (unfinished logs to be further processed) and flitches 
(unfinished planks) with a smooth edge;
     Depending upon the species and quality of the log, the 
cants will be further broken down by either a resaw or a gang edger 
into multiple flitches and/or boards;
     Edging trims all irregular edges off of the flitch, 
leaving four-sided lumber;
     Trimming squares the ends at typical lumber lengths;
     Drying removes naturally occurring moisture from the 
lumber (this can be done with kilns or the lumber can be air-dried);
     Planing smoothes the surface of the lumber leaving a 
uniform width and thickness; and
     Shipping transports the finished lumber to market.

[[Page 41866]]

    Sawmills typically derive their power from the electric grid. 
Dryers may be either direct-fired or indirect-heated. Boilers are 
typically used to provide the heat for dryers. In direct-fired dryers, 
hot combustion gases from an onsite boiler are blended with 
recirculated exhaust from the dryer to lower the gas temperature to a 
level that will not scorch the lumber. In indirect-heated dryers, air 
is warmed over steam coils and then circulated over the lumber. Dryers 
typically have one to three heated zones followed by a cooling zone or 
section. Each heated zone has a hot air source, fans to move the warm 
air, and an exhaust vent or stack. The cooling section circulates 
ambient air over the wood to reduce the temperature just before it 
exits the dryer. The lumber must be cooled before proceeding to the 
next step in the process.
    Criteria pollutant emissions of concern are primarily PM from 
sawing and planing, but also include PM from re-entrained road dust or 
sawdust particles; VOCs from drying; and NOX from boilers 
and emergency diesel generators. PM control methods include water 
sprays and dry control methods (baghouses, fabric filters and 
cyclones).
2. What is in the proposed General Air Quality Permit for New or 
Modified True Minor Source Sawmill Facilities?
    This proposed general permit would apply to the construction of new 
true minor source sawmills or the modification of existing true minor 
source sawmills, located in Indian country. The proposed permit 
requires that the permittee maintain and operate each affected emission 
unit and any associated air pollution control equipment, considering 
the manufacturer's recommended operating procedures, so as to minimize 
emissions of NSR regulated pollutants. The reviewing authority will 
determine whether the permittee is using acceptable operating and 
maintenance procedures based on monitoring results, review of operating 
and maintenance procedures, and inspection of the permitted source. 
(Failure to meet these requirements would constitute a violation of the 
permit.)
    In creating the proposed sawmill general permit, the EPA considered 
VOC emissions from kiln drying, surface coating operations, boilers, 
and emergency engines. We are requesting comment on whether there are 
other sources of VOC emissions at sawmills that should be included in 
our analysis.
    The proposed permit is designed to be as comprehensive as possible 
and, thus, contains emission limitations requirements for the following 
affected emission units or activities:
     Planar mill operations (baghouse/fabric filter);
     Sawmill operations (baghouse/fabric filter or cyclone);
     Open burning (restrictions on);
     Boilers;
     Emergency engine use;
     Fugitive dust control; and
     Setbacks.
    The proposed permit prohibits open burning and restricts the 
burning and combustion of wood or lumber products to wood-fired 
boilers. Each identified emissions unit must not result in the 
discharge of any gases that exhibit 20 percent opacity or greater 
averaged over any six-consecutive-minute period. Any liquid fuels used 
at the facility shall contain no more than 0.0015 percent sulfur by 
weight. The production of finished lumber is limited to 25 million 
board feet per year based on a 12-month rolling total. The 12-month 
rolling total is determined by the sum of the current monthly 
production and the total of the previous 11 months' production. The 
purpose of the board feet restriction is to further limit PM emissions 
from sawmill operations. The limit is in addition to the requirement 
that sawmills covered by the proposed general permit install cyclones 
and/or baghouses/fabric filters. The requirement is consistent with the 
general permits for sawmills in the states of Texas and Oregon.\41\
---------------------------------------------------------------------------

    \41\ Information on board feet limitations is available at: 
Background Document: General Air Quality Permit for New or Modified 
True Minor Source Sawmill Facilities, Docket ID No. EPA-HQ-OAR-2011-
0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

    In addition to requiring the installation and operation of air 
pollution controls as described below, the proposed permit limits tpy 
VOC emissions from all lumber drying kilns and surface coating 
operations regardless of where the sawmill is planning to locate or 
modify. The limitations for facilities planning to locate or modify in 
ozone nonattainment areas are progressively more restrictive as the 
classification of the ozone nonattainment area increases from marginal 
to extreme. Planar mill operations must be conducted within enclosed 
structures and a baghouse or fabric filter must be used to control 
emissions to the atmosphere. Sawmill operations conducted outdoors 
(i.e., operations other than planar mill operations) must, at a 
minimum, be covered and all material handling operations must be 
controlled using a cyclone or baghouse/fabric filter during all times 
that the affected emission units operate. Emissions to the atmosphere 
from sawmill operations conducted indoors must be controlled using a 
baghouse or fabric filter. The permittee must develop and implement a 
fugitive dust control plan. All VOC-containing material (e.g., 
coatings, thinners, and clean-up solvents) must be stored in closed 
containers. All waste materials containing VOC (e.g., soiled rags) must 
be stored in sealed containers until properly disposed.
    The proposed permit also contains requirements for emergency 
engines, in the event such engines are present at the new or proposed 
sawmill facility. Each emergency engine must be equipped with a non-
resettable hour meter and, if using fuel oil, then it must use diesel 
or biodiesel containing no more than 15 ppm (0.0015 percent) sulfur by 
weight. Newer emergency engines--model year 2006 or later for 
compression ignition engines and 2009 or later for spark ignition 
engines--must meet certain certification or emission requirements that 
are contained in the EPA's emissions standards at 40 CFR part 89, 40 
CFR part 90 and 40 CFR part 1048 or Table 1 to 40 CFR part 60, subpart 
JJJJ, as applicable. Other, older emergency engines are required to 
meet certain routine maintenance requirements, and must follow the 
manufacturer's emission-related operation and maintenance instructions 
or the owner/operator must develop and implement their 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.
    The proposed general permit includes monitoring that is sufficient 
to ensure compliance with the emission limitations that apply to the 
source, including ensuring that the baghouses/fabric filters and 
cyclones are operating properly, conducting weekly opacity observations 
and fugitive emissions surveys and meeting certain other requirements. 
The permit also requires performance testing for emergency engines that 
must meet certain emissions standards, but are neither required to be 
certified by the manufacturer as meeting those standards, nor are in 
fact so certified. This requirement is needed since the EPA 
certification program for certain engines is voluntary. The proposed 
general permit includes recordkeeping and reporting requirements 
sufficient to ensure compliance with the monitoring requirements.

[[Page 41867]]

3. Request for Comment on the Proposed General Air Quality Permit for 
New or Modified True Minor Source Sawmill Facilities
    We request comment on all aspects of the general permit for sawmill 
facilities. We specifically request comment in the following two areas:
(a) Use of Tons Per Year Numbers as Emission Limitations
    The EPA is proposing to include annual allowable emission 
limitations for the sawmills source category. The proposed general 
permit includes both a limitation of 25 million board feet on a 12-
month rolling total and total tpy VOC emissions limitations for the 
facility regardless of its location. The tpy limitations become more 
stringent in ozone nonattainment areas as the classification increases 
from marginal to extreme.\42\ We set the proposed VOC emissions 
limitations at levels that we believe are sufficiently below the NSR 
major source levels to accommodate any additional VOC emissions from 
any boilers or emergency engines also present at the facility beyond 
VOC emissions from lumber drying kilns. Sources will need to monitor 
their board-foot production and perform emission factor calculations 
using the calculator and emissions factors that we are providing to 
ensure they are staying within the permitted tpy limitations.
---------------------------------------------------------------------------

    \42\ Information on these limitations is available at: 
Background Document: General Air Quality Permit for New or Modified 
True Minor Source Sawmill Facilities, Docket ID No. EPA-HQ-OAR-2011-
0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

    Aside from the maximum 25 million board-feet limit, we opted to not 
propose surrogate throughput limits for VOC emissions for sawmills, as 
we did for one other source category, because of the diversity of wood 
species (and associated emissions) that a sawmill facility may use. It 
would be very difficult to set a board foot throughput limit that could 
have broad applicability. Instead, by putting emissions limitations 
directly in the permit, it provides the source with flexibility on what 
wood species it uses, while ensuring that air quality is protected. We 
request comment on the appropriateness of establishing emissions 
limitations in the permit (versus a limit on throughput) and whether 
the specified limitations are established at the correct levels.
b. Setback Requirement
    The proposed general permit requires sawmill facilities to locate 
at least 150 feet from the nearest property boundary and 1,000 feet 
from the nearest residence. This is consistent with the setback 
requirement in the state of Texas' \43\ general permit that includes a 
setback requirement for this source category. We believe that this 
requirement will minimize the impact of emissions from these sources on 
localized air quality. We request comment on whether we should include 
this setback requirement in the final permit to provide additional 
protection against adverse impacts to local air quality. In addition, 
we request comment on whether there are other neighboring types of 
buildings from which the setback should apply (e.g., schools, nursing 
homes) and whether to require owners/operators of the sawmills subject 
to the permit to use physical markers on their property to show 
compliance with the setback requirements.
---------------------------------------------------------------------------

    \43\ The setback requirement in Texas's general permit is 
described at: Background Document: General Air Quality Permit for 
New or Modified True Minor Source Sawmill Facilities, Docket ID No. 
EPA-HQ-OAR-2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
---------------------------------------------------------------------------

VII. Description of the EPA's Proposed Permit by Rule Program in Indian 
Country

A. What is a permit by rule?

    For purposes of this proposal, a permit by rule is a standard set 
of requirements (i.e., emissions limitations, monitoring, recordkeeping 
and reporting requirements) that can apply to multiple sources with 
similar emissions and other characteristics. This is similar to a 
general permit; however, unlike a general permit, we codify the permit 
by rule requirements into regulation using a formal rulemaking process. 
(While a proposed general permit is subject to notice and comment in 
accordance with 40 CFR 49.156 and 40 CFR 49.157, neither the final 
general permit itself, nor the requirements therein, are added to the 
Code of Federal Regulations.)
    For purposes of this proposal, the permit by rule mechanism is a 
permit streamlining approach that reduces the time permitting 
authorities must devote to reviewing permit applications and issuing 
permits for source categories or emissions generating activities that 
pose a lower environmental concern. We believe that permits by rule 
offer another cost-effective means of issuing permits, and provide a 
quicker and simpler alternative mechanism for permitting true minor 
sources than the site-specific permit or standard general permit 
process.
    State and local reviewing authorities use the permit by rule 
mechanism to authorize construction of less complex sources, and 
sources that emit at specified levels below the major stationary source 
thresholds. The EPA has approved several state or local permits by rule 
programs into State Implementation Plans (SIPs).\44\ By this proposal, 
we would provide similar opportunities for permitting efficiency in 
Indian country for a specified source category, while also providing a 
level of protection of air quality comparable to that provided by a 
general permit.
---------------------------------------------------------------------------

    \44\ The EPA has approved the following permits by rule: (1) 
Connecticut for automotive refinishing (``Approval and Promulgation 
of Air Quality Implementation Plans; Connecticut; VOC Regulations 
and One-Hour Ozone Attainment Demonstration Shortfall;'' U.S. 
Environmental Protection Agency; August 31, 2006 (71 FR 51761); 
http://www.gpo.gov/fdsys/granule/FR-2006-08-31/06-7314/content-detail.html); (2) Iowa for spray booths (``Approval and Promulgation 
of Implementation Plans; State of Iowa;'' U.S. Environmental 
Protection Agency; March 5, 2010 (75 FR 10182); https://www.federalregister.gov/articles/2013/08/27/2013-20750/approval-and-promulgation-of-implementation-plans-state-of-iowa); (3) Operating 
PBR for small sources (``Approval and Promulgation of State 
Implementation Plans and Operating Permits Program; State of Iowa;'' 
U.S. Environmental Protection Agency; March 5, 2010 (72 FR 58535); 
(4) Kansas Class II operating permits for reciprocating engines, 
evaporative sources, and hot mix asphalt facilities (``Approval and 
Promulgation of Implementation Plans and Section 112(l) Program for 
the Issuance of Federally Enforceable State Operating Permits; State 
of Kansas;'' U.S. Environmental Protection Agency; July 17, 1995 (60 
FR 36361); http://www.gpo.gov/fdsys/pkg/FR-1995-07-17/html/95-17214.htm); (5) Massachusetts for paint spray booths (``Approval and 
Promulgation of Air Quality Implementation Plans; Massachusetts; 
Volatile Organic Compound Regulations;'' U.S. Environmental 
Protection Agency; September 3, 1999 (64 FR 48297); (6) Missouri for 
construction (``Approval and Promulgation of Implementation Plans 
and Operating Permits Program; State of Missouri;'' U.S. 
Environmental Protection Agency; July 11, 2006 (71 FR 38997); http://www.gpo.gov/fdsys/pkg/FR-2006-07-11/html/06-6092.htm); (7) Nebraska 
for hot mix asphalt facilities and small animal incinerators 
(``Approval and Promulgation of Implementation Plans and Operating 
Permits Program; State of Nebraska;'' U.S. Environmental Protection 
Agency; July 10, 2006 (71 FR 38776); http://www.gpo.gov/fdsys/granule/FR-2006-07-10/E6-10730/content-detail.html); (8) Auto body 
refinishing facilities; GDFs; boilers and heaters; small printing 
facilities; and mid-size printing facilities (``Approval and 
Promulgation of Air Quality Implementation Plans; Ohio; PBR and 
PTIO;'' U.S. Environmental Protection Agency; February 20, 2013 (78 
FR 11748); http://www.gpo.gov/fdsys/pkg/FR-2013-02-20/html/2013-03761.htm); and (9) multiple source categories, such as: Batch 
mixers; comfort heating; rock crushers; saw mills; vacuum cleaning 
systems (August 13, 1982 (47 FR 35194) and (``Approval and 
Promulgation of Implementation Plans; Texas; Revisions to 
Regulations for Permits by Rule, Control of Air Pollution by Permits 
for New Construction or Modification, and Federal Operating 
Permits;'' U.S. Environmental Protection Agency; November 14, 2003 
(68 FR 64543); http://www.gpo.gov/fdsys/pkg/FR-2003-11-14/pdf/03-28416.pdf).

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

[[Page 41868]]

B. How would a permit by rule program operate in Indian Country?

    As discussed in a prior proposed rule (79 FR 2546, January 14, 
2014), once the EPA identifies a source category or emissions 
generating activity for which the permit by rule mechanism would offer 
permit streamlining benefits, while at the same time protecting air 
quality, we will codify a nationally applicable permit by rule for 
those similar sources into a new section of the Indian Country Minor 
NSR FIP following notice and comment rulemaking procedures. If the 
permit by rule will apply only at a regional level, then the EPA 
regional reviewing authority will conduct the rulemaking process, and 
appropriately limit the applicability of the permit by rule to a 
specified geographic area.
    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 qualifies for the permit (i.e., meets the 
applicability requirements) and can meet the requirements in the 
permit. A source category would be covered by a permit by rule if the 
reviewing authority needs to do nothing more than receive confirmation 
from an individual source that it meets all appropriate criteria to be 
eligible for coverage under the permit by rule and that it intends to 
comply with the operational, monitoring and recordkeeping requirements 
specified in this rule. (By contrast, under a general permit the source 
would need to submit a request for coverage to the reviewing authority 
and receive an approval from that authority before starting source 
construction.)
    In our January 14, 2014 proposed rule, we proposed to amend 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.\45\ We intend to take final action on the proposed approach as 
part of taking final action on the overall January 14, 2014 proposal 
and are not re-proposing those elements here. In today's action, in the 
alternative, we are proposing a permit by rule for the graphic arts and 
printing source category, as described above. If we finalize the 
procedure for establishing permits by rule set forth in our January 14, 
2014, proposed rule, we will follow the procedure as finalized in 
promulgating a final permit by rule for the graphic arts and printing 
source category. We will only promulgate a permit by rule for the 
graphic arts and printing source category if, after considering any 
comments we receive in response to today's proposal, we conclude that 
establishing such a permit is appropriate. We seek comment on whether 
graphic arts and printing operations is an appropriate source category 
for a permit by rule.
---------------------------------------------------------------------------

    \45\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country,'' U.S. Environmental 
Protection Agency, January 14, 2014 (79 FR 2546), pp. 2566-2567, 
http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
---------------------------------------------------------------------------

C. Requirements of the ESA and NHPA

    Similar to general permits, prior to seeking coverage under a 
permit by rule, a source must satisfactorily address the permit 
requirements related to the ESA and the NHPA. Attached to the request 
for coverage,\46\ the EPA provides guidance to assist sources in 
complying with these requirements. Section V.F. above describes the 
process for complying with the ESA and NHPA in more detail. We seek 
comment on the use of this process for the proposed graphic arts and 
printing operations permit by rule.
---------------------------------------------------------------------------

    \46\ For general permits, we refer to applications submitted to 
reviewing authorities for approval as requests for coverage. For 
permits by rule, we are proposing to not require that these requests 
for coverage be submitted for approval. Instead, sources would be 
required to notify the EPA by letter that the request for coverage 
has been completed and that the source qualifies for the permit and 
will comply with all of its terms and conditions.
---------------------------------------------------------------------------

VIII. Proposed Permits by Rule

    As an alternative to a general permit, we are proposing to 
establish a permit by rule, for one source category: Graphic arts and 
printing operations. We are proposing this source category for a permit 
by rule based on our determination that this source category emits 
primarily one pollutant (i.e., VOCs), that there is little variation in 
the equipment used, and that the compliance requirements are 
straightforward and readily verifiable. By contrast, the other five 
source categories in today's proposal, to varying degrees, involve more 
complex operations, more than one pollutant and more complex compliance 
requirements. The source categories are:
     Concrete batch plants;
     Boilers;
     Stationary compression ignition engines;
     Stationary spark ignition engines; and
     Sawmills.

In Section VI. we describe these source categories and the requirements 
in the proposed permits that warrant a general permit proposal for 
them, including the multiple emissions units covered.
    We are not providing specific regulatory language for the proposed 
permit by rule but rather are proposing to codify the requirements of 
the proposed general permit for this source category described in 
Section VI.D. If, after considering relevant comments received in 
response to today's proposed action, we decide to finalize a permit by 
rule for the source category, we will codify the requirements as 
contained in the proposed general permit for the source category, 
including any changes that we deem appropriate based on our review of 
public comments on the proposed general permit and other relevant 
information. In other words, whether we use the permit by rule or the 
standard general permit mechanism, we propose to apply identical 
requirements to regulate construction and modification activities of 
affected emission units in the graphic arts and printing operations 
source category. We believe that the proposed general permit provides 
the public with a sufficient understanding of the contents of any final 
rule, and, therefore, satisfies our obligations under section 301(a) of 
the CAA and the Administrative Procedures Act.
    The EPA welcomes comments on all aspects of the proposed general 
permit and proposed permit by rule for the graphic arts and printing 
operations source category discussed in this notice. In particular, we 
request comments on whether the permit by rule terms and conditions for 
graphic arts and printing operations should be identical to the general 
permit terms and conditions, or whether they should differ.

IX. Implementation Documents and Tools

    We are providing several tools and documents to assist sources with 
obtaining coverage under the general permits and permit by rule for the 
six source categories that are the subject of today's proposal. The 
tools are drafted based on our preferred approach of general permits. 
If we decide to issue a permit by rule for the graphic arts and 
printing operations source category as we are proposing in the 
alternative today, then we will need to adjust the wording in the 
documents to reflect that tools being made available are for a permit 
by rule and not a general permit. The background document for graphic 
arts and printing operations supports both our general permit proposal 
and permit by rule proposal, in the alternative; therefore, the 
document cites both general permits and permits by rule as the permit 
types it supports.
    The tools consist of the following six types of documents:

[[Page 41869]]

    Request for Coverage: This form is for sources seeking to use 
general permits and is essentially an application to request coverage 
under a general permit. The application asks for contact and location 
information, as well as more in-depth operational and source-specific 
information. The application will also guide sources through processes 
to comply with permit requirements related to the ESA and the NHPA.
    The general permit application for graphic arts and printing 
operations is more streamlined because sources in the category 
represent more straightforward operations, largely involve one air 
pollutant (i.e., VOCs) and, therefore, necessitate less intensive 
review for approval. The general permit application form for the 
category asks for basic solvent usage information and whether the 
source has complied or will comply with relevant requirements. By 
contrast, the general permit applications for concrete batch plants, 
engines, boilers and sawmills request more detailed technical 
information about the proposed facility in question because these 
facilities are more complex and can involve multiple operations and 
pollutants.
    For graphic arts and printing operations, this form also serves as 
an application for sources seeking coverage under a permit by rule 
should the EPA decide to issue one for this category. In such 
circumstances, the source would need to complete the shortened 
application and keep a record on file. Successfully completing the 
application will enable the source to determine if it can certify to 
the reviewing authority that it meets the permit's eligibility terms 
and conditions, which the source would need to do via a letter in order 
to begin its construction or modification.
    Questionnaire: This tool is tailored to each source category and 
guides sources through a series of questions to determine whether it is 
eligible for coverage under a general permit. It is not required to be 
completed or submitted. First, the source needs to determine whether it 
is a true minor source and, therefore, subject to the requirements of 
the minor NSR rule for Indian country. To do this, a source needs to 
perform a PTE analysis of all of its new, modified and existing 
emissions units (see PTE calculator below). If the source determines 
that it is a true minor, the questionnaire asks the source to consider 
a series of questions to determine if it qualifies for the specific 
general permit or permit by rule. If the source does not qualify for 
coverage, then it must seek a site-specific permit under the minor 
source program (or a major source permit, if appropriate).
    Instructions: The document assists sources with information that 
may be useful in completing the request for coverage application.
    Permit Terms and Conditions: The permit is a specific document for 
each source category that lays out the general and specific terms and 
conditions of the permit, including the specific emission limitations 
and standards and monitoring, recordkeeping, reporting and notification 
requirements.
    PTE Calculator: This spreadsheet-based tool helps sources in 
specific source categories calculate the PTE of their affected 
emissions units, using data the source is expected to have on hand, 
such as equipment specifications.
    Background Documents: These documents are provided as a reference 
and contain important information:
     Source category definition and characterization;
     State minor source permit programs for that category used 
for comparison;
     Requirements for general permits and permits by rule for 
that category; and
     Threshold (emission limitations) development and rationale 
for that category.
    All of these documents are available online at http://www.epa.gov/air/tribal/tribalnsr.html and Docket ID No. EPA-HQ-OAR-2011-0151.

X. Additional Area Where Comment is Being Sought

A. Should general permits and permits by rule be made available for 
sources in the same source category?

    In our January 14, 2014 proposed rule, the EPA requested comments 
on whether, for certain source categories, the EPA should structure the 
permits so that eligible true minor sources can receive coverage under 
permits by rule and synthetic minor sources receive coverage under 
general permits. In addition, just as we proposed that general permits 
are more appropriate for more complex source categories, we requested 
comment on whether general permits (and not permits by rule) are more 
appropriate for major sources that seek to become ``synthetic'' minor 
sources. And, as we proposed that permits by rule are more appropriate 
for less complex source categories, we requested comments on whether 
permits by rule (and not general permits) are more appropriate for true 
minor sources. In this action, we request comment only on whether this 
concept should be applied to the graphic arts and printing operations 
source category. In the docket, a background document is provided for 
this source category, which includes a summary of National Emissions 
Inventory data for the category.

XI. Proposed Rule Change to the Indian Country Minor NSR Rule

    We are proposing one change to one provision in the existing Indian 
country minor NSR rule addressing the time period within which the 
reviewing authority must make a determination on whether a request for 
coverage under a general permit is complete and to complete its review 
of the request for coverage. We are proposing this change only for the 
general permit for the graphic arts and printing operations source 
category. The Indian County Minor NSR rule currently requires the 
reviewing authority to determine whether a request for coverage under a 
general permit is complete within 45 days of receiving the request (40 
CFR 49.156(e)(4)) and to take final action on the request within 90 
days of receiving a complete request (40 CFR 49.156(e)(3)). For the 
proposed general permit for the graphic arts and printing operations 
source category, we are proposing to shorten the time for determining 
whether a request for coverage is complete to 15 days (by that date the 
reviewing authority must either determine that the request for coverage 
is complete or request any additional information) and to shorten the 
time within which the reviewing authority must take final action on the 
request to 45 days. We explained our general rationale for taking this 
approach for some, but not all, general permits in our January 14, 
2014, proposed rule.
    We are proposing the shortened time frames for the graphic arts and 
printing operations source category only. We also propose to provide 
the reviewing authority the option of automatically denying a source's 
request for coverage if the source fails to submit any additional 
requested information within 15 days of receiving the request from the 
reviewing authority to remain consistent with our intent to provide a 
streamlined notification and review process. If a reviewing authority 
denies a request for coverage because a source fails to submit 
requested information by the deadline, the source may re-apply at a 
later date to re-initiate the request for coverage.
    We believe that a shortened application review process for the 
graphic arts and printing operations general permit is justified 
because the streamlined nature of the general permit for the graphic 
arts and printing operations source category is

[[Page 41870]]

inconsistent with lengthy and potentially open-ended ongoing exchanges 
with applicants to obtain necessary information and is not the best use 
of limited resources. The applications are lengthier for the other four 
source categories in today's proposal and, therefore, a lengthier 90 
day review process is appropriate for those categories. In Section IX., 
we explain our reasoning for why the application is shorter for graphic 
arts and printing operations and longer for the other four categories. 
Allowing this streamlining (combined with a shorter application for 
this same category) will allow for reduced processing time for a 
general permit coverage request for this category and a reduction in 
information required to be included in requests for coverage.

XII. 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'' under the 
terms of EO 12866 (58 FR 51735, October 4, 1993) and is, therefore, not 
subject to review under EOs 12866 and 13563 (76 FR 3821, January 21, 
2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This action merely proposes to 
establish general permits and/or permits by rule to satisfy the 
requirements of the Indian Country Minor NSR rule. Any burden 
associated with information required to be collected pursuant to the 
proposed general permits and/or permit by rule has already been 
accounted for in the approved information collection request for the 
Indian Country Minor NSR rule. Further, any use of the general permits 
and/or permit by rule is strictly voluntary. Therefore, this action 
does not impose an information collection burden.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The EPA 
analyzed the impact of streamlined permitting on small entities in the 
Review of New Sources and Modifications in Indian Country (76 FR 38748, 
July 1, 2011). Today's action will not impose any requirements on small 
entities, as it merely implements a particular aspect of the Review of 
New Sources and Modifications in Indian Country.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531- 1538 for state, local, or tribal governments or the private 
sector. This action imposes no enforceable duty on any state, local or 
tribal government or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 and 205 of the UMRA. This 
action is also not subject to the requirements of section 203 of UMRA 
because it contains no regulatory requirements that might significantly 
or uniquely affect small governments. This rule has no requirements 
applicable to small governments and, as such, does not impose 
obligations upon them.

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, as 
specified in EO 13132. This action merely proposes to provide sources 
in Indian country with streamlined permitting opportunities that are 
generally available in states outside of Indian country. It does not 
impose any new obligations or enforceable duties on any state, local or 
tribal government or the private sector. Thus, EO 13132 does not apply 
to this rule.
    In the spirit of EO 13132, and consistent with the EPA policy to 
promote communications between the EPA and state and local governments, 
the EPA specifically solicits comment on this proposed action from 
state and local officials.

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

    Pursuant to the EO 13175 (65 FR 67249, November 9, 2000), the EPA 
may not issue a regulation that has tribal implications, that imposes 
substantial direct compliance costs, and that is not required by 
statute, unless the federal government provides the funds necessary to 
pay the direct compliance costs incurred by tribal governments, or the 
EPA consults with tribal officials early in the process of developing 
the proposed regulation and develops a tribal summary impact statement.
    The EPA has concluded that this action will not impose duties or 
responsibilities on tribes, although it will have tribal implications. 
The EPA has conducted outreach via on-going monthly meetings with 
tribal environmental professionals in the development of this proposed 
action. This proposal reflects priorities for developing permits, 
comments on the general permits and suggestions for developing permits 
by rules developed as a result of that outreach. The EPA will offer 
consultation to elected tribal officials immediately after proposal to 
provide an opportunity for meaningful and timely input into the 
development of this regulation.
    The EPA specifically solicits additional comment on this proposed 
action from tribal officials.

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

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the EO 
has the potential to influence the regulation. This action is not 
subject to EO 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

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

    This action is not subject to EO 13211 (66 FR 28355 (May 22, 2001)) 
because

[[Page 41871]]

it is not a significant regulatory action under EO 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs the EPA to 
provide Congress, through the Office of Management and Budget, 
explanations when the agency decides not to use available and 
applicable voluntary consensus standards.
    The proposed rulemaking involves technical standards. In the 
proposed permits the EPA proposes the use of EPA Methods 5, 7, 9, 10, 
18, 22 and 25A of 40 CFR part 60, Appendix A.\47\ Three voluntary 
consensus standards were identified as applicable for purposes of this 
proposal:
---------------------------------------------------------------------------

    \47\ Information on any available voluntary consensus standards 
that can used as alternatives to the emissions measurement standards 
in the General Air Quality Permit for New or Modified True Minor 
Source Spark Ignition Engines can be found in: ``Voluntary Consensus 
Standard Results for General Permits and Permits by Rule for the 
Indian Country Minor New Source Review Program; 40 CFR part 49, 
subparts 156(c) and 162,'' from Robin Segall, Acting Group Leader, 
Measurement Technology Group, to Laura McKelvey, Community and 
Tribal Programs Group, February 7, 2014, Docket ID No. EPA-HQ-OAR-
2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.

1. ANSI/ASME PTC 19.10-1981 part 10 ``Flue and Exhaust Gas Analyses'' 
(alternative to EPA Method 7);
2. ASTM D7520-09 ``Standard Test Method for Determining Opacity of a 
Plume in the Outdoor Ambient Atmosphere'' (alternative to EPA Method 
9); and
3. ASTM D6420-99 (2010) ``Test method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography/Mass 
Spectrometry'' (alternative to EPA Method 18).

    The EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.

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

    E.O. 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal 
executive policy on environmental justice. Its main provision directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations in the United 
States.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This proposed rule merely implements certain aspects of 
the Review of New Sources and Modifications in Indian Country. As such, 
this proposed action will not have a disproportionately high and 
adverse human health or environmental effects on minorities and low-
income populations in the United States.
    Our primary goal in developing the general permits and permits by 
rule is to ensure that air resources in Indian country will be 
protected in the manner intended by the CAA. In particular, this rule 
will help minimize air quality impacts from new or modified true minor 
sources 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 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.

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.

    Dated: July 11, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-16814 Filed 7-16-14; 8:45 am]
BILLING CODE 6560-50-P