government office when notifying the reviewing authority in order to
ensure that the tribal government is aware of new facilities. The EPA
is also clarifying that under 40 CFR 49.160(c)(1)(iii), minor source
applicants \39\ (other than sources in the oil and natural gas sector)
that must register with the EPA beginning on September 2, 2014, will do
so by providing a copy of their minor source permit Notification of
Coverage Form.
---------------------------------------------------------------------------

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

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

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

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

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

    The EPA received numerous comments regarding the use of general

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

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

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

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

J. Use of Both Permitting Mechanisms for Certain Source Categories

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

V. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act (PRA)

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

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

C. Regulatory Flexibility Act

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

D. Unfunded Mandates Reform Act

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

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act

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

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

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

K. Congressional Review Act

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

List of Subjects in 40 CFR Part 49

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

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

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

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

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

Subpart C--General Federal Implementation Plan Revisions

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

Sec.  49.151  Program overview.

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

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

Sec.  49.156  General permits and permits by rule.

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

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

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4. Section 49.162 is added to read as follows:

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

    (a) Abbreviations and acronyms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) Abbreviations and acronyms:

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

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

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

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

reviewing authority within 90 days before or after the change in
ownership is effective. In the notice, the new permittee must provide
the reviewing authority a written agreement containing a specific date
for transfer of ownership, and an effective date on which the new owner
assumes partial and/or full coverage and liability under this permit by
rule. The submittal must identify the previous owner, and update the
name, street address, mailing address, contact information, and any
other information about the permitted source if it would change as a
result of the change of ownership. The current owner shall ensure that
the permitted source remains in compliance with the permit by rule
until such transfer of ownership is effective.
    (iii) Notification of closure. The permittee must submit a report
of any permanent or indefinite closure to the reviewing authority in
writing within 90 days after the cessation of all operations at the
permitted source. It is not necessary to submit a report of closure for
regular, seasonal closures.
    (iv) Annual reports. The permittee shall submit an annual report on