[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20879-20880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09831]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2016-0580; FRL-9993-50-Region 9]


General Permit Under the Federal Indian Country Minor New Source 
Review Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit.

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SUMMARY: The Environmental Protection Agency (EPA), Region IX is 
issuing a general permit for use in Indian country within California 
pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New 
Source Review (NSR) program for new and modified minor sources. The 
general permit is for a single source category, gasoline dispensing 
facilities (GDFs), and will be available in certain areas of Indian 
country that are within the geographical boundaries of California. This 
includes areas located in an Indian reservation or in another area of 
Indian country over which an Indian tribe, or the EPA, has demonstrated 
that the tribe has jurisdiction and where there is no EPA-approved 
minor NSR program in place. The EPA is finalizing this general permit 
as a streamlined option that owners or operators may elect to use for 
the CAA minor NSR preconstruction permitting of certain minor sources 
that construct or modify in Indian country and belong to the GDF source 
category.

DATES: This permit becomes effective, and available for sources to 
request coverage, June 12, 2019, unless a petition for review of the 
final permit is properly and timely filed with the EPA Environmental 
Appeals Board (EAB) per 40 CFR 49.159(d). In that case, the permit's 
effectiveness will be stayed and construction cannot be authorized 
under this permit until agency review procedures are exhausted under 40 
CFR 49.159(d) and the Regional Administrator subsequently issues a 
final permit. The general permit becomes effective and applicable as to 
a particular stationary source upon issuance by the reviewing authority 
of an Approval of the Request for Coverage for that particular 
stationary source.

ADDRESSES: Documents relevant to the above-referenced permit are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901. To arrange for viewing 
of these documents, call Lisa Beckham at (415) 972-3811. Due to 
building security procedures, at least 24 hours advance notice is 
required.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415) 
972-3811, [email protected]. Key portions of the administrative 
record for this decision, including the general permit, Technical 
Support Document, and Request for Coverage form, are available through 
a link at EPA Region IX's website at https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits. The administrative 
record for this action is available through www.regulations.gov (Docket 
ID #EPA-R09-OAR-2016-0580).

SUPPLEMENTARY INFORMATION: 

Final Decision

    The EPA, Region IX is issuing a general permit for use in Indian 
country within California pursuant to the CAA Federal Indian Country 
Minor NSR program for new and modified minor sources at 40 CFR 49.151 
through 49.161. The general permit is for a single source category, 
gasoline dispensing facilities (GDFs), and will be available in certain 
areas of Indian country that are within the geographical boundaries of 
California. This includes areas located in an Indian reservation or in 
another area of Indian country (as defined in 18 U.S.C. 1151) over 
which an Indian tribe, or the EPA, has demonstrated that the tribe has 
jurisdiction and where there is no EPA-approved minor NSR program in 
place. The EPA is issuing this general permit as a streamlined option 
that owners or operators may elect to use for CAA minor NSR 
preconstruction permitting of certain minor sources that construct or 
modify in Indian country and belong to the GDF source category.

[[Page 20880]]

    A gasoline dispensing facility, or GDF, is any stationary source, 
such as a gas station, that dispenses gasoline into the fuel tank of a 
motor vehicle, motor vehicle engine, nonroad vehicle or nonroad engine. 
Types of GDFs that potentially may use this general permit include, but 
are not limited to, facilities that dispense gasoline into on- and off-
road, street, or highway motor vehicles, lawn equipment, boats, test 
engines, landscaping equipment, generators, pumps, and other gasoline-
fueled engines and equipment. New or modified GDF sources with the 
potential to emit regulated NSR pollutants over thresholds specified in 
the Federal Indian Country Minor NSR program regulations at 40 CFR 
49.153, and located within the geographic boundaries of California and 
on an Indian reservation or in another area of Indian country over 
which an Indian tribe or the EPA has demonstrated that the tribe has 
jurisdiction, are currently subject to permitting requirements under 
this EPA minor NSR program.
    The general permit that is the subject of this notice is intended 
to provide a streamlined permitting option for owners and operators of 
qualifying GDFs to use to meet the requirements of this EPA minor NSR 
program. However, owners and operators of such GDFs may choose to apply 
to the EPA for a traditional source-specific permit to meet the 
preconstruction requirements of this permitting program in lieu of 
requesting coverage under the general permit.
    The primary pollutant of concern for GDFs that may use this general 
permit is volatile organic compounds (VOC), which are emitted from 
storage tanks and gasoline dispensing units at GDFs. Some GDFs may also 
have emergency engines, which emit VOC, nitrogen oxides, carbon 
monoxide, particulate matter (PM), PM less than or equal to 10 [micro]m 
in diameter (PM10), and PM less than or equal to 2.5 [mu]m 
in diameter (PM2.5). Except for VOC emissions, emissions of 
all other regulated NSR pollutants from new or modified GDF sources 
that may use the general permit are expected to be below the minor NSR 
permitting thresholds in 40 CFR 49.153.
    This general permit regulates VOC emissions from GDFs and includes 
emission limitations that require each GDF to control emissions from 
storage tanks during unloading of the gasoline cargo from the tanker 
truck, using what are known as Stage I controls. In addition, the 
general permit requires GDFs in ozone nonattainment areas classified as 
serious, severe, or extreme to limit VOC emissions caused from vehicle 
refueling by using pump-based controls known as Stage II controls. 
There are also limits on the amount of gasoline each GDF can dispense 
in a 12-month period: 25,000,000 million gallons in ozone attainment/
unclassifiable areas, marginal ozone nonattainment areas, and moderate 
ozone nonattainment areas; and 15,000,000 gallons in serious, severe, 
and extreme ozone nonattainment areas. The emission limitations in the 
general permit are expected to generally limit emissions of VOC from a 
new or modified GDF to less than 30 tons per year (tpy) in attainment 
areas and marginal or moderate ozone nonattainment areas and 9 tpy in 
serious, severe, and extreme ozone nonattainment areas. The detailed 
emission limitations are included in the general permit and discussed 
in detail in our Technical Support Document. These and other key 
documents related to this general permit are available online here: 
https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits.

Public Comments

    The public comment period started on September 30, 2016 and ended 
on January 31, 2017. A public hearing was held on November 30, 2016 at 
the EPA Region IX offices in San Francisco, California. The EPA 
considered all comments received during the public comment period in 
making its final permit decision. The submitted comments and the EPA's 
responses are available as part of the administrative record for this 
action.

Administrative Record

    The final general permit and all other supporting information are 
available through www.regulations.gov under Docket ID No. EPA-R09-OAR-
2016-0580.The administrative record for this action may also be viewed 
in person, Monday through Friday (excluding Federal holidays) from 9:00 
a.m. to 4:00 p.m., at the EPA Region IX address above. Due to building 
security procedures, please call Lisa Beckham at (415) 972-3811 at 
least 24 hours in advance to arrange a visit. Lisa Beckham can also be 
reached through EPA Region IX's toll-free general information line at 
(866) 372-9378.

Permit Appeal

    In accordance with 40 CFR 49.159, within 30 days after a final 
permit decision has been issued, any person who filed comments on the 
draft permit or participated in the public hearing may petition the EAB 
to review any condition of the permit decision. Any person who failed 
to file comments or to participate in the public hearing may petition 
for administrative review only to the extent that the changes from the 
draft to the final permit or other new grounds were not reasonably 
ascertainable during the public comment period. The 30-day period 
within which a person may request review under this section begins with 
service of notice of the final permit decision. A petition to the EAB 
is a prerequisite to seeking judicial review of the final agency action 
under Section 307(b) of the CAA. For purposes of judicial review, final 
agency action occurs when we deny or issue a final permit and agency 
review procedures are exhausted. Following an appeal to the EAB, the 
EPA will issue a final permit decision as specified in 40 CFR 
49.159(d)(8).

Additional Information

    If you have questions, or if you wish to obtain further 
information, please contact Lisa Beckham at (415) 972-3811, toll-free 
at (866) 372-9378, via email at [email protected], or at the mailing 
address above. If you would like to be added to our mailing list to 
receive future information about this general permit or other permit 
decisions issued by EPA Region IX, please contact Lisa Beckham, or 
visit the EPA Region IX website at http://www2.epa.gov/caa-permitting/tribal-nsr-permits-region-9.
    Please bring the foregoing notice to the attention of all persons 
who would be interested in this matter.

    Dated: May 1, 2019.
Elizabeth J. Adams,
Director, Air Division, Region IX.
[FR Doc. 2019-09831 Filed 5-10-19; 8:45 am]
 BILLING CODE 6560-50-P