[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41845-41871]
[FR Doc No: 2014-16814]

Vol. 79

Thursday,

No. 137

July 17, 2014

Part V

Environmental Protection Agency

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40 CFR Part 49

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

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

DATES: Comments must be received on or before August 18, 2014.
    Public Hearing. We will hold a public hearing on August 7, 2014.
    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2011-
0151, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2011-0151 in the subject line of the message.
     Fax:<PHONE_NUMBER>, attention Docket ID No. EPA-HQ-OAR-
2011-0151.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2011-0151, EPA,
Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Please include a total of two copies.
     Hand Delivery: The EPA Docket Center, Public Reading Room,
WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington,
DC 20460, Attention Docket ID No. EPA-HQ-OAR-2011-0151. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0151. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses. For additional instructions on
submitting comments, go to Section I.B. of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: The EPA has established a docket for this rulemaking under
Docket ID Number EPA-HQ-OAR-2011-0151. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or under Docket ID Number
EPA-HQ-OAR-2011-0151, EPA/DC, WJC West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 564-
1742.

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

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

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

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

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to the EPA?
    1. Submitting CBI
    2. Tips for Preparing Comments
    C. Where can I get a copy of this document and other related
information?
    D. What acronyms, abbreviations and units are used in this
preamble?
II. Purpose
    A. Proposed Action
    B. Areas Where the EPA Is Seeking Comment
III. Background
    A. Tribal Air Rule
    B. Indian Country Minor NSR Rule
    1. What is the Indian Country Minor NSR Rule?
    2. What is a true minor source and how does it differ from a
synthetic minor source?
    3. What are the minor NSR thresholds?
    4. What is a general permit?
    C. What is a permit by rule?
IV. Description of General Permit Program in Indian Country and the
EPA's Use of This Package To Satisfy the General Permit Issuance
Process
    A. General Permit Program
    B. How do sources apply for general permits?
    C. What are the required permitting elements?
V. Source Categories for Which Proposed General Permits in Indian
Country Are Available for Public Review
    A. Notice of Proposed General Permits
    B. Structure of General Permits
    C. The EPA's Control Technology Review
    D. Scope of Coverage Under Each General Permit
    E. Surrogate Annual Allowable Emission Limitations
    F. Requirements of the Endangered Species Act and the National
Historic Preservation Act
VI. Summary of Specific Terms and Conditions of the General Permits
and Request for Comment
    A. Concrete Batch Plants
    1. What is a concrete batch plant?
    2. What is in the proposed General Air Quality Permit for new or
modified true minor source concrete batch plants?
    3. Request for Comment on the Proposed General Air Quality
Permit for New or Modified True Minor Source Concrete Batch Plants
    B. Boilers
    1. What is a boiler?
    2. What is in the proposed General Air Quality Permit for New or
Modified True Minor Source Boilers?
    3. Request for Comment on the Proposed General Air Quality
Permit for New or Modified True Minor Source Boilers
    C. Stationary Compression Ignition and Spark Ignition Engines
    1. What are compression ignition and spark ignition engines?
    2. What is in the proposed General Air Quality Permits for New
or Modified True Minor Source Spark Ignition and Compression
Ignition Engines?
    3. Request for Comment on the Proposed General Air Quality
Permits for New or Modified True Minor Source Spark Ignition and
Compression Ignition Engines
    D. Graphic Arts and Printing Operations
    1. What is a graphic arts and printing operation?
    2. What is in the proposed General Air Quality Permit for New or
Modified True Minor Source Graphic Arts and Printing Operations?
    3. Request for Comment on the Proposed General Air Quality
Permit for New or Modified True Minor Source Graphic Arts and
Printing Operations
    E. Sawmills
    1. What is a sawmill facility?
    2. What is in the proposed General Air Quality Permit for New or
Modified True Minor Source Sawmill Facilities?
    3. Request for Comment on the Proposed General Air Quality
Permit for New or Modified True Minor Source Sawmill Facilities
VII. Description of the EPA's Proposed Permit by Rule Program in
Indian Country
    A. What is a permit by rule?
    B. How would a permit by rule program operate in Indian country?
    C. Requirements of the ESA and NHPA
VIII. Proposed Permits by Rule
IX. Implementation Documents and Tools
X. Additional Area Where Comment Is Being Sought
XI. Proposed Rule Change to the Indian Country Minor NSR Rule
XII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

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

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

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

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

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

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

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

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

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

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

II. Purpose

A. Proposed Action

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

construct a new true minor source,\2\ or will modify an existing true
minor source in Indian country. The rule also specified the process and
requirements for using general permits as a streamlined permitting
approach to authorize construction and modifications at true minor
sources. General permits streamline the preconstruction permitting of
new or modified true minor sources because they involve the issuance of
one permit that can apply to multiple stationary sources that have
similar emissions units.
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    \1\ In this document, reviewing authority refers to an EPA
regional office. However, tribes can become reviewing authorities if
they decide to assume responsibility for implementing the minor NSR
program in their area and are either delegated authority to
implement the Indian Country Minor NSR rule or establish and obtain
the EPA's approval of their own minor source program.
    \2\ True minor source means a source that emits, or has the
potential to emit, regulated NSR pollutants in amounts that are less
than the major source thresholds under either the Prevention of
Significant Deterioration program at 40 CFR 52.21, or the Major NSR
Program for Nonattainment Areas in Indian Country at 40 CFR 49.166
through 49.173, but equal to or greater than the minor NSR
thresholds in 40 CFR 49.153, without the need to take an enforceable
restriction to reduce its potential to emit (PTE) to such levels.
The PTE includes fugitive emissions, to the extent that they are
quantifiable, only if the source belongs to one of the 28 source
categories listed in part 51, Appendix S, paragraph II.A.4(iii) or
40 CFR 52.21(b)(1)(iii), as applicable.
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    On January 14, 2014, the EPA proposed general permits \3\ for use
in Indian country pursuant to the Indian Country Minor NSR rule for new
or modified true minor sources in the following five source categories:
Hot mix asphalt plants; stone quarrying, crushing, and screening
facilities; auto body repair and miscellaneous surface coating
operations; gasoline dispensing facilities (GDFs); and petroleum dry
cleaning facilities. In the alternative, the EPA also proposed permits
by rule for use in Indian country for new or modified minor sources in
three of the source categories: Auto body repair and miscellaneous
surface coating operations; GDFs; and petroleum dry cleaning
facilities. The EPA also proposed certain changes to the Indian Country
Minor NSR rule. The proposed changes include: Extending the deadline by
when true minor sources in the oil and gas sector must receive minor
source NSR permits; and allowing general permits and permits by rule
for specific categories to be used to create synthetic minor sources.
In the prior action, we also sought comment on a number of issues, some
of which relate to the source categories contained in this proposal.
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    \3\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country,'' U.S. Environmental
Protection Agency, January 14, 2014 (79 FR 2546), http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
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    Today's proposal addresses a second group of activities; the EPA is
proposing the use of two types of minor NSR preconstruction permits to
help streamline permitting of true minor sources that construct or
modify in Indian country and that belong to one of six additional
source categories. The first type of permit is a general permit. A
general permit is a document that the EPA will make available online
that will contain all of the emissions limitations, monitoring,
recordkeeping and reporting requirements to which a source in a given
source category would be subject. Sources seeking coverage under a
tribal general permit will need to submit a request for coverage or
application to the EPA. The second type is a permit by rule, which uses
a regulatory-type structure to permit sources by pre-authorizing
construction and modification activities carried out in accordance with
the permit's requirements. Sources seeking coverage under a tribal
permit by rule must notify the EPA that it meets the terms of coverage
and is complying with the permit's conditions, but does not need to
await approval of a request for coverage.
    As our preferred approach, we are proposing general permits for the
six source categories: Concrete batch plants; boilers; stationary spark
ignition engines; stationary compression ignition engines; graphic arts
and printing operations; and sawmills. Specifically, we are proposing
general permits for these source categories for permitting affected
emissions units and emissions-generating activities in these source
categories. As an alternative, for graphic arts and printing
operations, the EPA is also requesting comment on whether, in lieu of
establishing a general permit, we should instead adopt a permit by
rule.
    We are making available various permit implementation documents and
tools on which we request public comment. In a prior action \4\ in
which we also proposed general permits and permits by rule for certain
source categories of minor sources in Indian country, we proposed the
regulatory framework that the EPA will use to establish permits by
rule. That proposed regulatory framework is also relevant here.
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    \4\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country,'' U.S. Environmental
Protection Agency, January 14, 2014 (79 FR 2546), http://www.gpo.gov/fdsys/pkg/FR-2014-01-14/pdf/2013-30345.pdf.
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B. Areas Where the EPA Is Seeking Comment

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

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

III. Background

A. Tribal Air Rule

    On February 12, 1998,\5\ the EPA used its authority under section
301(d) of the Clean Air Act (CAA) to find that we would not treat
tribal governments the same as states with respect to specific plan
submittal and implementation deadlines under the CAA for National
Ambient Air Quality Standards (NAAQS)-related requirements. This
finding applied to many section 110 requirements, including
requirements under section 110(a)(2)(c) to submit a program to regulate
the modification and construction of any stationary source as necessary
to ensure that the NAAQS are achieved. Although we determined that
Indian tribes were not obligated to implement a permitting program, the
EPA also made clear that we continue to have a general obligation under
the CAA to ensure the protection of air quality throughout Indian
country. To that end, we also used our authority under sections 301(a)
and 301(d)(4) to establish a requirement to promulgate such federal
implementation plan (FIP) provisions as are necessary or appropriate to
protect air quality in Indian country (40 CFR 49.11(a)). For a number
of years, the only federal CAA NSR permitting program that applied in
Indian country was the major NSR program for areas meeting the NAAQS
(``attainment'' areas) or areas for which there is insufficient
information to determine whether they meet the NAAQS
(``unclassifiable'' areas). We call this program the Prevention of
Significant Deterioration (PSD) program (40 CFR 52.21). No federal NSR
permitting program has covered minor sources or major sources in
nonattainment areas. Nor was there a readily available way for major
sources to take enforceable limits and become synthetic minor sources.
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    \5\ ``Indian Tribes: Air Quality Planning and Management,'' U.S.
Environmental Protection Agency, February 12, 1998 (63 FR 7254),
http://www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.
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    On August 21, 2006, the EPA proposed the regulation: ``Review of
New Sources and Modifications in Indian Country'' (i.e., the Indian
Country NSR rule).\6\ Within this regulation, the EPA proposed to
protect air quality in Indian country by establishing a FIP program to
regulate the modification and construction of minor stationary sources
consistent with the requirements of section 110(a)(2)(c) of the CAA. We
call this part of the Indian Country NSR rule the Indian Country Minor
NSR rule. Under the Indian Country Minor NSR rule, we proposed to fill
a regulatory gap and provide a mechanism for issuing preconstruction
permits for the construction of new minor sources and certain
modifications of major and minor sources in Indian country. In
developing the rule, the EPA conducted extensive outreach and
consultation and provided an extensive public comment period that ended
on March 20, 2007. The comments we received provided detailed
information specific to Indian country and the final Indian Country
Minor NSR rule incorporated many of the suggestions we received. We
promulgated final rules on July 1, 2011,\7\ and the FIP became
effective on August 30, 2011.\8\
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    \6\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, August 21, 2006 (71
FR 48696), http://www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06-6926.htm.
    \7\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, July 1, 2011 (76 FR
38748), https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
    \8\ On January 17, 2014, the United States Court of Appeals for
the District of Columbia Circuit issued an opinion and judgment
vacating the Indian Country NSR rule with respect to non-reservation
areas of Indian country. As a result, EPA does not currently have
minor source NSR permitting authority in non-reservation areas of
Indian country and any general permits and permits by rule issued
under the Indian Country Minor NSR rule will not be immediately
available in such areas of Indian country. Importantly, the court's
decision does not affect the Indian Country Minor NSR rule with
respect to reservations, whether formal or informal, and any final
general permits and permits by rule issued under the Indian Country
Minor NSR rule will be available in those areas. The EPA is
currently considering, but has not yet determined, how best to
implement the court's decision.
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B. Indian Country Minor NSR Rule

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

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

    Among other things, the Indian Country Minor NSR rule created a
framework for the EPA to streamline the issuance of preconstruction
permits to true minor sources by using general permits. We explain this
framework further in the sections below.
    2. What is a true minor source and how does it differ from a
synthetic minor source?
    ``True minor source'' means a source that emits, or has the
potential to emit, regulated NSR pollutants in amounts that are less
than the major source thresholds under either the PSD program at 40 CFR
52.21, or the Major NSR program for Nonattainment Areas in Indian
Country at 40 CFR 49.166 through 49.173, but equal to or greater than
the minor NSR thresholds in 40 CFR 49.153, without the need to take an
enforceable restriction to reduce its PTE to such levels. The PTE
includes fugitive emissions, to the extent that they are quantifiable,
only if the source belongs to one of the 28 source categories listed in
40 CFR part 51, Appendix S, paragraph II.A.4(iii) or 40 CFR
52.21(b)(1)(iii), as applicable. For example, a hot mix asphalt
facility, located in a sulfur dioxide (SO2) attainment area,
that has a maximum potential to emit of 135 tpy of SO2,
without the need to take an enforceable restriction to reduce its PTE
to such levels, would qualify as a true minor source. By contrast,
``synthetic minor source'' means a source that otherwise has the
potential to emit regulated NSR pollutants in amounts that are at or
above those for major sources, but that has taken a restriction so that
its PTE is less than such amounts. Such restrictions must be
enforceable as a legal and practical matter. For example, a hot mix
asphalt facility, located in an SO2 attainment area, that
has an unrestricted PTE of 270 tpy, but that is legally constrained to
emit only 135 tpy of SO2 because the source has taken a
throughput limit made enforceable through a permit (i.e., a limit on
how much hot mix product it can produce), would qualify as a synthetic
minor source. In the preamble to both the proposed and final Indian
Country Minor NSR rule, the EPA indicated that it would not use general
permits to allow otherwise major sources to create synthetic minor
sources.\10\
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    \10\ Note that the current regulatory language in the Tribal
Minor NSR rule does not address the use of general permits in this
manner.
---------------------------------------------------------------------------

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

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

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

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

general permit for categories of emissions units or stationary sources
that are similar in nature, have substantially similar emissions, and
would be subject to the same or substantially similar permit
requirements.\14\ ``Similar in nature'' refers to size, processes, and
operating conditions. The purpose of a general permit is to provide for
protection of air quality while simplifying the permit process for
similar minor sources. General permits offer a cost-effective means of
issuing permits and provide a quicker and simpler mechanism for
permitting minor sources than the site-specific permitting process.
---------------------------------------------------------------------------

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

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

C. What is a permit by rule?

    Like a general permit, a permit by rule is a standard set of
requirements that can apply to multiple stationary sources with similar
emissions characteristics. For purposes of this action, a permit by
rule would differ from a general permit in that the agency would codify
a permit by rule directly into the Indian Country Minor NSR rule. The
process for a source to apply for coverage under a permit by rule, and
the process for the reviewing authority to grant coverage under a
permit by rule, is more streamlined compared to a standard general
permit, or a site-specific permit. In particular, a proposed project
need not wait for a response from the permitting authority before
starting construction under a permit by rule. Section VII. provides a
description of the source application process for permits by rule.

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

A. General Permit Program

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

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

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

permit except its applicability to an individual source. The provisions
of 40 CFR 49.159 will continue to govern administrative and judicial
review of the EPA's approval of an individual source's request for
coverage. After the reviewing authority approves a request for coverage
by an individual source, a party may appeal only the applicability of
the general permit to that particular source.
    Although we are using a Federal Register notice to initially
establish the general permits, we intend to use other methods also
consistent with procedures in 40 CFR 49.159 to reopen or
administratively amend the final permits if we determine it is
necessary and appropriate. A reviewing authority may reopen and revise
a final general permit for cause after providing the opportunity for
notice and comment under 40 CFR 49.157. Revisions to a final general
permit may be appropriate, for example, when the reviewing authority
decides to issue a new general permit for the same category to account
for advances in control technology or for other pertinent reasons.
However, when a reviewing authority issues a new general permit,
sources operating under the existing general permit will be able to
continue to operate under the existing permit unless and until the
source subsequently proposes to modify.\16\
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    \16\ If the EPA revises an existing general permit, then the
original permit can no longer be used for new and modified minor
sources. The new general permit will be used for new and modified
minor sources in the relevant source category. The existing general
permit remains in place for existing facilities unless and until
they choose to modify.
---------------------------------------------------------------------------

B. How do sources apply for general permits?

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

C. What are the required permitting elements?

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

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

A. Notice of Proposed General Permits

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

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

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

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

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

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

B. Structure of General Permits

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

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

C. The EPA's Control Technology Review

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

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

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

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

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

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

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

D. Scope of Coverage Under Each General Permit

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

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

E. Surrogate Annual Allowable Emission Limitations

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

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

F. Requirements of the Endangered Species Act and the National Historic
Preservation Act \23\
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    \23\ These requirements apply to both general permits and
permits by rule. Only general permits are mentioned here but the
requirements apply identically to both permit types. Section VII.C.
is specific to permits by rule and notes that these requirements
also apply to permits by rule.
---------------------------------------------------------------------------

    The ESA requires federal agencies to ensure, in consultation with
the U.S. Fish and Wildlife Service and/or the National Marine Fisheries
Service (the Services), that any action they authorize, fund, or carry
out will not likely jeopardize the continued existence of any listed
threatened or endangered species, or destroy or adversely modify the
designated critical habitat of such species. Under relevant ESA
implementing regulations, federal agencies consult with the Service(s)
on actions that may affect listed species or designated critical
habitat.
    The NHPA requires federal agencies to take into account the effects
of their undertakings on historic properties (i.e., properties that are
either listed on, or eligible for listing on, the National Register of
Historic Places) and to provide the Advisory Council on Historic
Preservation (the Council) a reasonable opportunity to comment on such
undertakings. Under relevant NHPA implementing regulations, NHPA
consultations are generally conducted with the appropriate Tribal and/
or State Historic Preservation Officers in the first instance, with
opportunities for direct Council involvement in appropriate
circumstances, including, for example, consultations in connection with
undertakings affecting multiple tribes or states.
    The Indian country minor NSR program has increased the number of
activities for which the EPA is the permitting authority. To meet ESA
and NHPA requirements, we have developed a process for compliance with
these laws when issuing the general permits. The EPA intends to consult
with the Services and the Council on our general permits and the
proposed procedures to address potential effects on relevant protected
resources.
    For purposes of general permits, the EPA intends to adopt a
framework that provides appropriate protection for listed species and
critical habitat and historic properties. The EPA believes, based on
the evaluation of available information, that the sources that are the
subject of this proposal are unlikely to present a significant risk to
listed species and critical habitat and to historic properties because
they are by their nature small, low emitting sources. However, to
ensure listed species and critical habitats and historic properties are
protected, the EPA has developed a framework in the general permits
that requires the applicant to identify and assess effects before a
request for coverage under the general permit is submitted to the EPA.
(As noted below, the applicant must submit the assessment to the EPA as
part of the request for coverage.) Requiring this assessment should
help identify any concerns related to potential impacts on listed
species/critical habitat or historic properties early in the process
when the greatest opportunities to mitigate or avoid any impacts--
including changes to the facility's location or footprint--are
available. This framework is similar to procedures established by the
Office of Water for the National Pollutant Discharge Elimination System
General Permit for Stormwater Discharges from Construction
Activities.\24\ The EPA believes that requiring a process in the
general air quality permits that is similar to the already-established
process for the general stormwater permits will be beneficial for all
concerned: The applicants, the EPA, the tribes, and the Services.
---------------------------------------------------------------------------

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

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

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

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

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

A. Concrete Batch Plants

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

2. What is in the proposed general air quality permit for new or
modified true minor source concrete batch plants?
    This proposed general permit would apply to the construction of new
true minor source concrete batch plants or the modification of existing
true minor concrete batch plants located in Indian country. The
proposed permit is designed to be as comprehensive as possible and,
thus, contains emission limitations requirements for:
     Storage silos;
     Batch drop points;
     Loading transfer areas;
     Weigh hoppers;
     Auxiliary storage bins;
     Non-emergency stationary engines;
     Emergency stationary engines; and
     Setbacks.

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

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

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

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

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

B. Boilers

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

industrial facilities. In a water tube boiler, combustion heat is
transferred to water flowing through tubes which line the furnace walls
and boiler passes. The tube surfaces in the furnace (which houses the
burner flame) absorb heat primarily by radiation from the flames. The
tube surfaces in the boiler (adjacent to the primary furnace) absorb
heat primarily by convective heat transfer. Fire tube boilers are used
primarily for heating systems, industrial process steam generators, and
portable power boilers. In fire tube boilers, the hot combustion gases
flow through the tubes while the water being heated circulates outside
of the tubes. A cast iron boiler is one in which combustion gases rise
through a vertical heat exchanger and out through an exhaust duct.
Water in the heat exchanger tubes is heated as it moves upward through
the tubes. Cast iron boilers produce low pressure steam or hot water,
and generally burn oil or natural gas. They are used primarily in the
residential and commercial sectors. (Note that residential boilers are
not covered by the proposal.) Tubeless boilers incorporate nested
pressure vessels with water in between the shells. Combustion gases are
fired into the inner pressure vessel and are then sometimes
recirculated outside the second vessel.
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    \28\ AP-42, Chapter 1.3--Fuel Oil Combustion, http://www.epa.gov/ttnchie1/ap42/ch01/.
---------------------------------------------------------------------------

    Natural gas combustion boilers are used to generate industrial
electric power, produce industrial process steam and heat, and heat
residential and commercial space.\29\ (Note that residential boilers
are not covered by the proposal.) Natural gas is generally more than 85
percent methane with varying amounts of ethane, propane, butane, and
inert gases (typically nitrogen, carbon dioxide (CO2), and
helium). Natural gas combustion boilers may be of water tube, fire
tube, or cast iron design. Water tube boilers can be distinguished
either as field erected units or packaged units; the former are built
onsite in either wall-fired or tangential-fired configurations and
generally have heat input levels exceeding 100 million British thermal
units (MMBtu)/hour, while the latter are shipped where needed, are
always wall-fired, and generally have heat input levels of less than
100 MMBtu/hour.
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    \29\ AP-42, Chapter 1.4--Natural Gas Combustion, http://www.epa.gov/ttnchie1/ap42/ch01/.
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    The emissions from fuel oil-fired boilers include PM,
SO2, NOX, CO, small amounts of VOCs, and trace
elements. The emissions from natural gas-fired boilers include
NOX, CO, CO2, nitrous oxide, VOCs, trace amounts
of SO2, and PM.
2. What is in the proposed General Air Quality Permit for New or
Modified True Minor Source Boilers?
    This proposed general permit would apply in Indian country to the
construction of new, true minor source boilers and modifications of
existing true minor source boilers. The proposed permit is designed to
be as comprehensive as possible and, thus, contains requirements for:
     Boiler capacity limits;
     Emissions and opacity limitations;
     Boiler stacks;
     Fuel usage;
     Setbacks; and
     Emergency engines.
    The proposed permit requires that the permittee maintain and
operate each affected emission unit and any associated air pollution
control equipment, considering the manufacturer's recommended operating
procedures, so as to minimize emissions of NSR regulated pollutants.
The reviewing authority will determine whether the permittee is using
acceptable operating and maintenance procedures based on monitoring
results, opacity observations, review of operating and maintenance
procedures, and inspection of the permitted source. (Failure to meet
these requirements would constitute a violation of the permit.)
    The proposed permit uses boiler capacity limits as emissions
limitations. The permit provides a capacity limit for an individual
boiler located in an attainment or nonattainment area of less than 100
MMBtu/hour. Further, the proposed permit restricts capacity by laying
out a matrix of combined maximum rating capacity limits for different
fuel types (i.e., liquid, gaseous) by boiler size or type. The combined
capacity limits vary by area designation/classification. The combined
capacity limits are set at levels intended to ensure the covered
sources remain below major source levels.
    The proposed permit also provides output-based and input-based
emission limitations for boilers rated at 10 MMBtu/hour or greater. The
proposed permit restricts fuel use to natural gas or fuel oil (i.e.,
diesel or biodiesel) with a sulfur content of 0.0015 percent or less by
weight. In addition, a natural gas unit may use fuel oil as a backup
emergency fuel for up to 500 hours per calendar year.
    The proposed permit requires that the boiler(s) must not discharge
into the atmosphere any gases that exhibit 5 percent opacity or greater
averaged over any six-consecutive-minute period. The boiler stack(s)
must be above the buildings in the vicinity, discharge vertically, and
have no obstructions to gas flow such as rain caps, except for hinged
rain caps. Each boiler must undergo biennial tune-ups.
    If the permittee is operating the boiler(s) in a severe or extreme
ozone nonattainment area, then the permittee must comply with
additional requirements. Boilers located in severe or extreme ozone
nonattainment areas must meet tighter emissions limitations for
NOX.
    The proposed permit contains requirements for emergency engines
located at the same facility as a boiler. Each emergency engine must be
equipped with a non-resettable hour meter and, if using fuel oil, then
it must use diesel or biodiesel containing no more than 15 ppm (0.0015
percent) sulfur by weight. Newer emergency engines--model year 2006 or
later for compression ignition engines and 2009 or later for spark
ignition engines--must meet certain certification or emission
requirements that are specified in the EPA emissions standards at 40
CFR part 89, 40 CFR part 90 and 40 CFR part 1048 or Table 1 to 40 CFR
part 60, subpart JJJJ, as applicable. Older emergency engines are
required to meet certain routine maintenance requirements, and must
follow the manufacturer's emission-related operation and maintenance
instructions or the permittee must develop a maintenance plan, which
must provide, to the extent practicable, for the maintenance and
operation of the engine in a manner consistent with good air pollution
control practice for minimizing emissions.
    The proposed permit includes monitoring that is sufficient to
ensure compliance with the emission limitations that apply to the
source, including visible emissions surveys and an initial and
additional periodic performance testing. The proposed permit also
requires performance testing for emergency engines located at the same
source that must meet certain emissions standards, but are neither
required to be certified by the manufacturer nor are certified by the
manufacturer as meeting those standards. The basis for this requirement
is the fact that the EPA certification program for certain engines is
voluntary. The proposed permit includes recordkeeping and reporting
sufficient to ensure compliance with the monitoring requirements.

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

C. Stationary Compression Ignition and Spark Ignition Engines

1. What are compression ignition and spark ignition engines?
    Engines covered by these proposed general permits \30\ are
stationary internal combustion engines (ICE or engine) that convert
heat energy into mechanical work and are not mobile. This source
category does not include combustion turbines or nonroad \31\ engines
(mobile ICE) such as those on forklifts, off-highway mobile cranes,
bulldozers, and lawnmowers. Stationary ICE include reciprocating ICE,
rotary ICE, and other ICE, except combustion turbines as noted above.
Engine manufacturers are not included in this source category. In
addition, these general permits only apply to engines located at true
minor sources.
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    \30\ The EPA is making available for comment two proposed
general permits: One for spark ignition internal combustion engines
and one for compression ignition internal combustion engines.
    \31\ As defined in 40 CFR 1068.30, a nonroad engine is used to
propel a motor vehicle, aircraft, or a vehicle used solely for
competition.
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    The proposed general permits cover both stationary non-emergency
and emergency stationary ICE. Emergency stationary ICE include any
stationary internal combustion engine whose operation is limited to
emergency situations and for which testing and maintenance are
required. Examples include stationary ICE used to produce power for
critical networks or equipment (including power supplied to portions of
a facility) when electric power from the local utility (or the normal
power source, if the facility runs on its own power production) is
interrupted, or stationary ICE used to pump water in the case of fire,
flood, or other adverse event. Stationary ICE used to supply power to
an electric grid or that supply power as part of a financial
arrangement with another entity are not considered to be emergency
engines.\32\
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    \32\ The definitions for emergency and stationary engines are
adopted from the definitions in 40 CFR 60.4219.
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    There are two types of ICE: Spark ignition and compression
ignition. A spark ignition engine is a gasoline, natural gas, or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for compression ignition ICE and a gaseous fuel (typically natural
gas) is used as the primary fuel at an annual average ratio of less
than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are spark ignition engines. A compression ignition ICE
is defined as an engine that is not a spark ignition engine. These
engines are typically diesel engines where the heat generated from
compression is enough to initiate the combustion process, without
needing an external spark.\33\
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    \33\ The definitions for spark ignition and compression ignition
engines are adopted from the definitions in 40 CFR 60.4219.
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    Gasoline, diesel (No. 2 fuel oil), and natural gas are the three
primary fuels used for ICE. Most natural gas-fired reciprocating
engines are used in the natural gas industry at pipeline compressor and
storage stations and at gas processing plants.\34\ Gasoline and small
diesel ICE (with capacities equal to or less than 600 horsepower (hp))
are used in a wide variety of industrial applications such as
generators, pumps, and material handling equipment (such as conveyors).
Gasoline is used primarily for mobile and portable engines. Diesel fuel
oil is the most versatile fuel and is used in compression ignition
engines of all

sizes. Substantial differences in engine duty cycles exist.\35\
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    \34\ AP-42, Chapter 3.2--Natural Gas-fired Reciprocating
Engines, http://www.epa.gov/ttnchie1/ap42/ch03/.
    \35\ AP-42, Chapter 3.3--Gasoline and Diesel Industrial Engines,
http://www.epa.gov/ttnchie1/ap42/ch03/.
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    Large stationary diesel ICE (with capacities greater than 600 hp)
are often used in oil and gas exploration and production. These
engines, in groups of 3 to 5, supply mechanical power to operate
drilling (rotary table), mud pumping, and hoisting equipment, and may
also operate pumps or auxiliary power generators. Another frequent
application of large stationary diesel ICE is electricity generation
for both base and standby service. Smaller uses include irrigation,
hoisting, and nuclear power plant emergency cooling water pump
operation.\36\
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    \36\ AP-42, Chapter 3.4--Large Stationary Diesel and All
Stationary Dual-fuel Engines, http://www.epa.gov/ttnchie1/ap42/ch03/
.
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    The primary criteria pollutants emitted by engines are
NOX, CO, and VOC. The formation of NOX is
exponentially related to combustion temperature in the engine cylinder.
The other pollutants, CO and VOC, are primarily the result of
incomplete combustion. PM emissions include trace amounts of metals,
non-combustible inorganic material, and condensible, semi-volatile
organics which result from volatized lubricating oil, engine wear, or
from products of incomplete combustion. Emissions of sulfur compounds,
mainly SO2, are directly related to the sulfur content of
the fuel.
    Three generic control techniques have been developed for
reciprocating engines: Parametric controls (timing and operating at a
leaner air-to-fuel ratio); combustion modifications such as advanced
engine design for new sources or major modification to existing sources
(clean-burn cylinder head designs and pre-stratified charge combustion
for rich-burn engines); and post-combustion catalytic controls
installed on the engine exhaust system. Post-combustion catalytic
technologies include selective catalytic reduction, nonselective
catalytic reduction, and CO oxidation catalysts.\37\
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    \37\ AP-42, Chapter 3.2--Natural Gas-fired Reciprocating
Engines, http://www.epa.gov/ttnchie1/ap42/ch03/.
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2. What is in the proposed General Air Quality Permits for New or
Modified True Minor Source Spark Ignition and Compression Ignition
Engines?
    These two proposed general permits would apply to the construction
of new, true minor source stationary compression ignition and spark
ignition engines or the modification of existing, true minor source
engines located in Indian country. We created separate proposed general
permits, one for compression ignition engines and one for spark
ignition engines, because there are different requirements for each