[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Proposed Rules]
[Pages 15246-15249]
[FR Doc No: 2011-6498]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2009-1131]
RIN 1625-AA01

Anchorage Regulations; Narragansett Bay and Rhode Island Sound,
RI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to remove an obsolete Naval
explosives

anchorage in Narragansett Bay, Rhode Island, and to add an offshore
anchorage in Rhode Island Sound south of Brenton Point, Rhode Island,
for use by vessels waiting to enter Narragansett Bay.

DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2011.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-1131 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New
England,<PHONE_NUMBER>. If you have questions on viewing or submitting
material to the docket, please call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-1131), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-1131'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-1131 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    The Secretary of Homeland Security has delegated to the Coast Guard
the authority to establish and regulate anchorage grounds in accordance
with 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1;
and Department of Homeland Security Delegation No. 0170.1. This
proposed rule would remove an obsolete and no longer used anchorage in
Narragansett Bay from the Code of Federal Regulations (CFR), and
formalize and codify an area of Rhode Island Sound that under current
informal practice is routinely used by mariners as an anchorage while
waiting to enter Narragansett Bay.

Discussion of Proposed Rule

    This proposed rule would remove the Naval explosives anchorage
described in 33 CFR 110.145(a)(2)(ii). Naval Station Newport, Rhode
Island, had indicated to the Coast Guard that this anchorage is
obsolete and no longer necessary for naval purposes. Leaving this
obsolete anchorage in the CFR, and on navigation charts, leaves
mariners with the mistaken impression that the area is reserved for a
special purpose (i.e., explosives vessel anchoring) when in fact, it is
no longer used or needed for that purpose.
    The proposed rule also would add a new anchorage to formalize and
codify the current practice of commercial vessels that anchor in an
area south of Brenton Point, Newport, Rhode Island, while waiting to
enter Narragansett Bay. Establishing this anchorage in the CFR, and
placing it on navigation charts, will remove ambiguity and clarify for
mariners the preferred and safest area in which to anchor offshore when
waiting to enter Narragansett Bay.
    This proposed anchorage area would encroach on a Navy Restricted
Area (33 CFR 334.78) used as a naval practice minefield. We asked the
Navy if this Restricted Area is still required and they have advised us
that it is now considered obsolete and we can request that it be
removed from the CFR and the charts. We have engaged the Army Corps of
Engineers (ACOE) requesting that this Navy Restricted Area be removed
from the CFR as well as the charts.
    Prior to anchoring in the proposed anchorage area all vessels would
be required to notify the COTP and unless otherwise approved by the
COTP, all vessels must depart the anchorage area within 96 hours. This
is necessary to ensure that an adequate anchorage area remains
available close to the entrance to Narragansett Bay for vessels waiting

to enter Narragansett Bay. This anchorage is not intended to be a
longer term anchorage, but rather it is intended to be a short term
anchorage available for vessels intending to enter Narragansett Bay
within 96 hours and to facilitate their easy and safe entrance into
Narragansett Bay. All vessels anchored in the proposed anchorage must
be within the anchorage area at all times to ensure that they do not
swing out into the nearby Traffic Lanes creating a high risk of
collision with commercial vessels that transit past this Anchorage Area
especially at night and during times of inclement weather.
Additionally, to ensure completely open entrance to Narragansett Bay
when necessary, as deemed by the COTP, all vessels anchored in the
proposed anchorage must be able to get underway within two hours.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect minimal additional cost impacts to the industry because
this rule is not imposing fees, permits, or specialized requirements
for the maritime industry to utilize this anchorage area. The effect of
this rule would not be significant as it removes one obsolete anchorage
that is no longer used by the U.S. Navy, and documents and codifies
another area that is currently used by commercial vessels. This would
represent an improvement on the safety of vessels using the anchorage
grounds and would facilitate the transit of deep draft vessels through
the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This proposed rule may affect the following entities,
some of which might be small entities: the owners or operators of
vessels that have a need to anchor in Narragansett Bay or Rhode Island
Sound at the entrance to Narragansett Bay.
    This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons: this
rule would only codify current navigation practices that are already in
use by small entities in this area. The anchorage would not affect
vessels' schedules or their ability to freely transit within these
areas of Narragansett Bay or Rhode Island Sound. The anchorage would
impose no monetary expenses on small entities because it does not
require them to purchase any new equipment, hire additional crew, or
make any other expenditures.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES above) explaining why you think it qualifies and how and
to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Edward G. LeBlanc at Coast
Guard Sector Southeastern New England,<PHONE_NUMBER>. The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions

Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This rule removes one anchorage area
and establishes one new anchorage area where commercial vessels already
regularly anchor. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule. A preliminary environmental analysis checklist is available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
    2. Remove and reserve Sec.  110.145(a)(2)(ii), consisting of
introductory text and paragraphs (a) through (e).
    3. Add Sec.  110.149 to subpart B to read as follows:

Sec.  110.149  Narragansett Bay, RI

    (a) Brenton Point anchorage ground. An area bounded by the
following coordinates: 41[deg]22'37.1'' N, 71[deg]14'40.3'' W; thence
to 41[deg]20'42.8'' N, 71[deg]14'40.3'' W; thence to 41[deg]18'24.1''
N, 71[deg]20'32.5'' W; thence to 41[deg]20'22.6'' N, 71[deg]20'32.5''
W; thence back to point of origin.
    (b) The following regulations apply in the Brenton Point anchorage
ground.
    (1) Prior to anchoring within the anchorage area, all vessels shall
notify the Coast Guard Captain of the Port via VHF-FM Channel 16.
    (2) Except as otherwise provided, no vessel may occupy this
anchorage ground for a period of time in excess of 96 hours without
prior approval of the Captain of the Port.
    (3) If a request is made for the long-term layup of a vessel, the
Captain of the Port may establish special conditions with which the
vessel must comply in order for such a request to be approved.
    (4) No vessel in such condition that it is likely to sink or
otherwise become a menace or obstruction to navigation or anchorage of
other vessels shall occupy an anchorage except in cases where
unforeseen circumstances create conditions of imminent peril to
personnel and then only for such period as may be authorized by the
Captain of the Port.
    (5) Anchors shall be placed well within the anchorage areas so that
no portion of the hull or rigging will at any time extend outside of
the anchorage area.
    (6) The Coast Guard Captain of the Port may close the anchorage
area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the interest
of port safety and security.
    (7) Any vessel anchored in these grounds must be capable of getting
underway if ordered by the Captain of the Port and must be able to do
so within two hours of notification by the Captain of the Port. If a
vessel will not be able to get underway within two hours of
notification, permission must be requested from the Captain of the Port
to remain in the anchorage. No vessel shall anchor in a ``dead ship''
status (propulsion or control unavailable for normal operations)
without prior approval of the Captain of the Port.
    (8) Brenton Point anchorage ground is a general anchorage area
reserved primarily for commercial vessels waiting to enter Narragansett
Bay.
    (9) Temporary floats or buoys for marking anchors or moorings in
place will be allowed in this area. Fixed mooring piles or stakes will
not be allowed.
    (10) All coordinates referenced use datum: NAD 83.

    Dated: March 3, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-6498 Filed 3-18-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Proposed Rules]
[Pages 33266-33276]
[FR Doc No: 2013-13057]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2003-0076; FRL-9818-8]
RIN 2060-AR25

Review of New Sources and Modifications in Indian Country

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing three changes to the New Source Review
(NSR) program for minor sources and minor modifications at major
sources in Indian country, which we refer to as the ``Tribal minor NSR
program.'' First, we propose to expand the list of emissions units and
activities that are exempt from the Tribal minor NSR program by adding
several types of low-emitting units and activities. Second, we propose
to more clearly define the term ``commence construction'' and add the
term ``begin construction'' to better reflect the regulatory
requirements associated with construction activities. We believe both
of these proposed changes would simplify the program, resulting in less
burdensome implementation without detriment to air quality in Indian
country. Lastly, we are reconsidering the advance notification period
for relocation of a true minor source in response to a petition
received on the final Tribal NSR rule from the American Petroleum
Institute, the Independent Petroleum Association of America and
America's Natural Gas Alliance.

DATES: Comments must be received on or before August 5, 2013.
    Public Hearing. If anyone contacts us requesting to speak at a
public hearing by June 25, 2013, we will hold a public hearing.
Additional information about the hearing will be published in a
subsequent Federal Register notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0076, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2003-0076.
     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2003-0076, Air
and Radiation Docket, Mailcode: 28221T, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please
include a total of two copies.
     Hand Delivery: Air and Radiation Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004,
Attention Docket ID No. EPA-HQ-OAR-2003-0076. Such deliveries are only
accepted during the Docket Center'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-
2003-0076. 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 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 www.regulations.gov
or email. The 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
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: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue 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<PHONE_NUMBER>, and the telephone number for the
Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For technical information, contact
Greg Nizich, Air Quality Policy Division, Office of Air Quality
Planning and Standards (C504-03), Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number (919)
541-3078; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information in this Supplementary
Information section of this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    1. Submitting CBI
    2. Tips for Preparing Your Comments
    C. Where can I get a copy of this document and other related
information?
    D. How can I find information about a possible public hearing?
    E. What acronyms, abbreviations and units are used in this
preamble?
II. Purpose
III. Background
    A. What are the general requirements of the minor NSR program?
    B. What is the Tribal NSR rule?
    C. What is the status of the NSR air quality program in Indian
Country?
IV. Proposed Revisions to the Tribal Minor NSR rule
    A. Emissions Units and Activities Exempted From the Tribal Minor
NSR Rule
    B. Defining Construction-Related Activities for Permitting
Purposes
    C. Advance Notification Time Period for Relocation of True Minor
Sources
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health 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
    K. Determination Under Section 307(d)
VI. Statutory Authority

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this proposed rule include owners
and operators of emission sources in all industry groups located in
Indian country, the EPA and tribal governments that are delegated
administrative authority to assist the EPA with the implementation of
these federal regulations. Categories and entities potentially affected
by this action are expected to include:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category                NAICS a            entities
------------------------------------------------------------------------
Industry.........................        21111  Oil and gas production/
                                                 operations.
                                        211111  Crude Petroleum and
                                                 Natural Gas Extraction.
                                        211112  Natural Gas Liquid
                                                 Extraction.
                                        212321  Sand and Gravel Mining.
                                         22111  Electric power
                                                 generation.
                                        221210  Natural Gas
                                                 Distribution.
                                         22132  Sewage treatment
                                                 facilities.
                                         23899  Sand and shot blasting
                                                 operations.
                                        311119  Animal food
                                                 manufacturing.
                                          3116  Beef Cattle Complex,
                                                 Slaughter House and
                                                 Meat Packing Plant.
                                        321113  Sawmills.
                                        321212  Softwood Veneer and
                                                 Plywood Manufacturing.
                                         32191  Millwork (wood products
                                                 manufacturing).
                                        323110  Printing operations
                                                 (lithographic).
                                        324121  Asphalt hot mix.
                                          3251  Chemical preparation.
                                         32711  Clay and ceramics
                                                 operations (kilns).
                                         32732  Concrete batching plant.
                                          3279  Fiber glass operations.
                                        331511  Casting Foundry (Iron).
                                          3323  Fabricated structural
                                                 metal.
                                        332812  Surface coating
                                                 operations.
                                          3329  Fabricated metal
                                                 products.
                                         33311  Machinery manufacturing.
                                         33711  Wood kitchen cabinet
                                                 manufacturing.
                                         42451  Grain Elevator.
                                         42471  Gasoline bulk plant.

                                          4471  Gasoline station.
                                         54171  Professional,
                                                 Scientific, and
                                                 Technical Services.
                                        562212  Solid Waste Landfill.
                                         72112  Other (natural gas-fired
                                                 boilers).b
                                        811121  Auto body refinishing.
Federal government...............       924110  Administration of Air
                                                 and Water Resources and
                                                 Solid Waste Management
                                                 Programs.
State/local/tribal government....       924110  Administration of Air
                                                 and Water Resources and
                                                 Solid Waste Management
                                                 Programs.
------------------------------------------------------------------------
a North American Industry Classification System.
b Used NAICS code designated for casino hotels.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be subject to the Tribal
minor NSR program, and therefore potentially affected by this action.
To determine whether your facility is affected by this action, you
should examine the applicability criteria in 40 CFR 49.151 through
49.161 (i.e., the Tribal minor NSR rule). If you have any questions
regarding the applicability of this action to a particular entity,
contact the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

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

1. Submitting CBI
    Do not submit this information to the EPA through
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), Environmental Protection Agency,
Research Triangle Park, NC 27711, Attention: Docket ID No. EPA-HQ-OAR-
2003-0076.
2. Tips for Preparing Your 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 Code of
Federal Regulations (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 proposed rule will also be available on the World Wide Web.
Following signature by the EPA Administrator, a copy of this proposed
rule will be posted in the regulations and standards section of our NSR
Web site, under Regulations & Standards, at http://www.epa.gov/nsr.

D. How can I find information about a possible public hearing?

    To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
E. What acronyms, abbreviations and units are used in this preamble?

    The following acronyms, abbreviations and units are used in this
preamble:

BACT Best Available Control Technology
CAA or Act Clean Air Act
EPA U.S. Environmental Protection Agency
FARR Federal Air Rule for Indian Reservations
FIP Federal Implementation Plan
FR Federal Register
GHG Greenhouse Gas
GP General Permit
HAPs Hazardous Air Pollutants
ICR Information Collection Request
LAER Lowest Achievable Emission Rate
MACT Maximum Achievable Control Technology
MMBTU/hr Million British thermal units per hour
NAAQS National Ambient Air Quality Standard
NESHAP National Emission Standards for Hazardous Air Pollutants
NSPS New Source Performance Standards
NSR New Source Review
NOX Nitrogen Oxide
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PSD Prevention of Significant Deterioration
PTE Potential to Emit
RFA Regulatory Flexibility Act
SBA Small Business Administration
SIP State Implementation Plan
TIP Tribal Implementation Plan
TSD Technical Support Document
tpy Tons Per Year
UMRA Unfunded Mandates Reform Act

II. Purpose

    The purpose of this rule is to propose and seek comment on three
revisions to the Tribal minor NSR rule \1\ that will streamline
implementation by adding more exempted units/activities, clarifying
language related to construction and relocation of true minor sources.
Specifically, we are proposing to add seven categories of units/
activities that will be listed as exempt from the Tribal minor NSR rule
because their emissions are deemed insignificant. Listing these
categories explicitly will mean that many applicants and reviewing
authorities will not need to calculate potential emissions for
activities that can be deemed insignificant. In the preamble to the
Tribal minor NSR rule, we committed to considering the addition

of exempt units/activities to the list in that final rule, as requested
by commenters. This proposed rule fulfills that commitment.
---------------------------------------------------------------------------

    \1\ The Tribal minor NSR rule is a component of ``Review of New
Sources and Modifications in Indian Country, Final Rule'' 76 FR
38747 (July 1, 2011) (the Tribal minor NSR rule).
---------------------------------------------------------------------------

    In the Tribal minor NSR rule, the term ``commence construction'' is
used in two different contexts, i.e., the provisions governing
construction prohibition, and also the provisions specifying that
construction must occur within 18 months of the permit effective date.
In this proposal, we are clarifying this distinction by proposing two
different terms for those situations--``begin construction'' and
``commence construction.'' Accordingly, we are also proposing to
replace ``commence construction'' with ``begin construction,'' in
certain sections of the regulatory text for consistency. The third
proposed revision is reconsideration of the 30-day advance notice
requirement for a true minor source prior to relocation. This is in
response to a request on the final rule from the American Petroleum
Institute, the Independent Petroleum Association of America and
America's Natural Gas Alliance.

III. Background

A. What are the general requirements of the minor NSR program?

    Section 110(a)(2)(C) of the Clean Air Act (Act) requires that every
state implementation plan (SIP) include a program to regulate the
construction and modification of stationary sources, including a permit
program as required in parts C and D of title I of the Act, to ensure
attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS). The permitting program for minor sources is
addressed by section 110(a)(2)(C) of the Act, which we commonly refer
to as the minor NSR program. A minor source means a source that has a
potential to emit (PTE) lower than the major NSR applicability
threshold for a particular pollutant as defined in the applicable
nonattainment major NSR program or Prevention of Significant
Deterioration (PSD) program.
    States must develop minor NSR programs to attain and maintain the
NAAQS and the federal requirements for state minor NSR programs are
outlined in 40 CFR 51.160 through 51.164. These federal requirements
for minor NSR programs are considerably less prescriptive than those
for major sources and, as a result, there is a larger variation of
requirements across the state minor NSR programs.
    Furthermore, sections 301(a) and 301(d)(4) of the Act, as
implemented through the Tribal Authority Rule,\2\ provide the EPA with
a broad degree of discretion in developing a program to regulate new
and modified minor sources in Indian country.
---------------------------------------------------------------------------

    \2\ The Tribal Authority Rule is comprised of Subpart A of 40
CFR part 49, which is titled ``Indian Country: Air Quality Planning
and Management''.
---------------------------------------------------------------------------

B. What is the Tribal NSR rule?

    The ``Review of New Sources and Modifications in Indian country''
(i.e., Tribal NSR rule) final rule was published in the Federal
Register on July 1, 2011 (76 FR 38748), pursuant to sections 301(a) and
(d) of the Act. This rule established a federal implementation plan
(FIP) for Indian country that includes two NSR regulations for the
protection of air resources in Indian country. These two new NSR
regulations work together with the pre-existing PSD program at 40 CFR
52.21 \3\ and the title V operating permits program at 40 CFR part 71
\4\ to provide a comprehensive permitting program for Indian country to
ensure that air quality in Indian country will be protected in the
manner intended by the Act.
---------------------------------------------------------------------------

    \3\ The PSD program is a preconstruction permitting program that
applies to new major stationary sources (major sources) and major
modifications in areas attaining the NAAQS, including attainment
areas in Indian country.
    \4\ Title V of the Act requires all new and existing major
sources in the United States to obtain and comply with an operating
permit that brings together all of the source's applicable
requirements under the Act. All states, numerous local areas and one
tribe have approved title V permitting programs under the
regulations at 40 CFR part 70. The EPA implements the part 71
federal program in Indian country and other areas that are not
covered by an approved part 70 program. Currently, one tribe has
been delegated authority to assist the EPA with administration of
the federal part 71 program.
---------------------------------------------------------------------------

    One regulation created by the Tribal NSR rule, which we call the
``Tribal minor NSR rule,'' applies to new and modified minor stationary
sources (minor sources) and to minor modifications at existing major
stationary sources (major sources) throughout Indian country where
there is no EPA-approved plan in place. The second regulation, which we
refer to as the ``tribal nonattainment major NSR rule,'' applies to new
and modified major sources in areas of Indian country that are
designated as not attaining the NAAQS (nonattainment areas). Through
these two regulations, the Tribal NSR rule ensures that Indian country
will be protected in the manner intended by the Act by establishing a
preconstruction permitting program for new or modified minor sources,
minor modifications at major sources, and new major sources and major
modifications in nonattainment areas.
    The Tribal minor NSR rule applies to new and modified minor sources
and to minor modifications at major sources. New minor sources with a
PTE equal to or greater than the minor NSR thresholds, or modifications
at existing minor sources with allowable emissions increases equal to
or greater than the minor NSR thresholds, must apply for and obtain a
minor NSR permit prior to beginning construction of the new source or
modification.
    Under the nonattainment major NSR rule, affected sources are
required to comply with the provisions of 40 CFR part 51, Appendix S.
In recent years, Appendix S has primarily been used as a transitional
rule for nonattainment major NSR permitting in nonattainment areas for
which state agencies do not have an approved nonattainment major NSR
program for a particular pollutant in their SIPs. Sources subject to
the nonattainment major NSR rule must meet requirements for Lowest
Achievable Emissions Rate (LAER) control technology, emissions offsets
and compliance certification.
    The effective date of the minor Tribal NSR rule was August 30,
2001. To facilitate the effective implementation of the Tribal minor
NSR program, some components of the rule were phased in. Generally, the
applicability of the preconstruction permitting rules to new synthetic
minor sources \5\ began on the rule's effective date, August 30, 2011;
for new or modified true minor sources,\6\ the rules apply beginning
the earlier of September 2, 2014, or 6 months after the publication of
a final general permit for that source category in the Federal Register
(40 CFR 49.151(c)(1)(iii)(B)). In addition, existing true minor sources
in Indian country were required to register with their reviewing
authority by March 1, 2013.
---------------------------------------------------------------------------

    \5\ 40 CFR 49.152 defines ``synthetic minor source'' as a source
that otherwise has the potential to emit regulated NSR pollutants in
amounts that are at or above those for major sources in section
49.167, section 52.21 or section 71.2 of chapter 40, as applicable,
but that has taken a restriction so that its PTE is less than such
amounts for major sources. Such restrictions must be enforceable as
a practical matter.
    \6\ 40 CFR 49.152 defines ``true minor source'' as a source, not
including the exempt emissions units and activities listed in
section 49.153(c), that emits or has the potential to emit regulated
NSR pollutants in amounts that are less than the major source
thresholds in section 49.167 or section 52.21 of Chapter 40, as
applicable, but equal to or greater than the minor NSR thresholds in
section 49.153, without the need to take an enforceable restriction
to reduce its PTE to such levels.
---------------------------------------------------------------------------

C. What is the status of the NSR air quality program in Indian Country?

    No tribe is currently administering an EPA-approved PSD program.
Therefore, the EPA has been implementing a FIP to issue PSD permits for
major sources in

attainment areas of Indian country (40 CFR 52.21). There are also no
tribes currently administering an EPA-approved nonattainment major NSR
program, so EPA is the reviewing authority under a FIP (40 CFR 49.166
through 49.175). Only a few tribes are administering EPA-approved minor
NSR programs. Accordingly, EPA administers minor NSR programs in most
areas of Indian country under a FIP (40 CFR 49.151 through 49.165).
    Sections 301(d) and 110(o) of the Act provide eligible tribes the
opportunity to develop their own tribal programs and we encourage
eligible tribes to develop their own minor and nonattainment major NSR
programs, as well as a PSD major source program, for incorporation into
tribal implementation plans (TIPs). Tribes may use the tribal NSR FIP
program as a model if they choose to develop their own TIPs and seek
our approval.

IV. Proposed Revisions to the Tribal Minor NSR Rule

    This section discusses the proposed revisions to the Tribal minor
NSR rule and our rationale for proposing those changes. We solicit
public comment on the changes being proposed and will consider those
comments in developing the final rule.

A. Emissions Units and Activities Exempted From the Tribal Minor NSR
Rule

    In the Tribal minor NSR rule promulgated on July 1, 2011 (76 FR
38792), we exempted seven emissions units/activities from the Tribal
minor NSR permitting program pursuant to 40 CFR 49.153(c) because their
potential emissions are insignificant. Listing units/activities with
trivial emissions as exempt saves permitting resources because it
eliminates the need for applicants or permitting agencies to calculate
the potential emissions to verify they do not exceed minor source
permitting thresholds. In the preamble to that rule, we referred to
comments received regarding our originally proposed list of exempt
units/activities (i.e., the August 21, 2006, proposed rule) and we
committed to consider additional units/activities for exemption from
minor NSR permitting, and to propose and seek comment on such revisions
through a separate rulemaking (76 FR 38759). This proposal fulfills
that commitment.
    In the Tribal minor NSR rule proposed on August 21, 2006, we listed
ten categories of units/activities for exemption from minor NSR
permitting. We received eleven comment letters concerning the list of
exempted units/activities. Many commenters said the list should be more
extensive, similar to state source exemption lists from minor NSR
permitting. The majority of those commenters stated that a longer list
of exemptions would ``level the playing field'' between sources located
in Indian country, and those on adjacent lands subject to EPA-approved
state NSR programs, by treating them more equitably regarding the types
of minor sources that would be exempt from minor NSR permitting. We
considered this information in determining whether to modify the
exemptions list in the existing Tribal minor NSR rule and also reviewed
unit/activity-exemption lists from many states that also contain Indian
country.\7\
---------------------------------------------------------------------------

    \7\ This review included minor NSR permitting regulations from
the State of Colorado and the South Coast Air Management District
since these states/agencies were specifically cited by commenters.
See Docket ID No. EPA-HQ-OAR-2003-0076 for the listing of state
regulations reviewed.
---------------------------------------------------------------------------

    We noted several things from our review of state minor source rules
that apply outside Indian country. One observation is that some state
regulations do not provide any minimum NSR pollutant emission
thresholds below which sources are exempt from state minor NSR
permitting requirements. In those cases, any new source or activity not
specifically exempted by its state rule is potentially subject to its
minor NSR permitting program. By contrast, the existing Tribal minor
NSR rule already contains minor NSR thresholds, thereby providing a
mechanism for sources to avoid being subject to minor source permitting
without being specifically listed for exemption. A second observation
is that many state minor NSR permitting regulations contain language
specifying that a permitting exemption for a specific source-type does
not apply if that source is subject to either the requirements of 40
CFR part 60 NSPS, Part 61 National Emission Standards for Hazardous Air
Pollutants (NESHAP), or Part 63 MACT (New Source Performance Standards
(NSPS), NESHAP and MACT programs). By including such language in their
minor source regulations, the states have attempted to address any
sources that may have significant emissions and the potential to
negatively impact ambient air quality. This approach ensures that
sources that might otherwise be exempt from permitting are subject to
minor NSR permitting. Since the Tribal minor NSR rule does not contain
similar language, we have chosen fewer categories than some states, but
more than others, in the number of source-types exempted. We have taken
this approach to limit exemptions to fewer source types since, without
the ``backstop'' of the permitting obligation tied to sources subject
to NSPS, NESHAP or MACT programs, we might inadvertently exempt non-
trivial sources, potentially degrading air quality in Indian country.
    As a result, we considered a variety of source types and are
proposing to add units/activities to the exemptions list that are
expected: (1) to have inherent emissions significantly less than the
minor NSR thresholds in 40 CFR 49.153, and (2) are expected to be very
common and sited at many sources such that an exemption from needing to
calculate PTE to determine applicability would reduce the burden on
these sources. In essence, we are seeking to strike a balance between
ensuring that the permitting of minor emission sources is consistent
with the requirements of the Act, and exempting source categories where
the permitting process adds administrative burden but offers no
significant environmental benefit. We believe the sources we propose to
add to the exempted list have emissions below the relevant
applicability thresholds due to their operational nature. See
additional discussion below in the section titled, ``Information
Obtained from Source Registration under Federal Air Rule for Indian
Reservations (FARR).''
    We note that for determining applicability, a source's emissions
are based on PTE and are determined on a source-wide basis and not an
individual unit basis. For this reason, when considering potential
units/activities for addition to the exemptions list, which are
excluded from a source's PTE calculation, we were mindful of the
possibility that multiple individual units/activities, while perhaps
individually below the Tribal minor NSR permitting thresholds, could
collectively exceed those thresholds (e.g., two non-emergency,
stationary engines at the same facility). For that reason we limited
the number exempt units/activities to minimize inadvertently exempting
units/activities that would exceed minor source permitting thresholds
based on combined potential emissions with other exempted units/
activities at the source.
    Several of the units/activities we are proposing to add to the
exemptions list are currently exempted under the FARR's air pollution
source registration program under 40 CFR 49.138.\8\ We

believe that adding these same units/activities to the Tribal minor NSR
rule's exemption list would provide consistency in implementing rules
affecting similar sources in Indian country. We also believe it is
appropriate to include exemptions contained in the FARR because that
list was developed with the intent of exempting both (1) the units/
activities with de minimis levels of emissions, and (2) those for which
a registration requirement would create an unreasonable burden. We are
proposing to include most units/activities from the FARR that we
believe have de minimis emissions.
---------------------------------------------------------------------------

    \8\ The FARR is a FIP that applies to air pollution sources on
Indian reservations in Idaho, Oregon and Washington. The permitting
for Indian country in these states is under the oversight of EPA
Region 10.
---------------------------------------------------------------------------

Additional Units/Activities for Exemption
    Based on our review of state lists, and anticipation of lower
source emissions, we are proposing to add the following units/
activities to the exempt units/activities list:
     Emergency generators, designed solely for the purpose of
providing electrical power during power outages: in nonattainment
areas, the total maximum manufacturer's site-rated horsepower of all
units shall be below 500; in attainment areas, the total maximum
manufacturer's site-rated horsepower of all units shall be below 1,000.
The horsepower thresholds were established to ensure that minor NSR
nitrogen oxide (NOX) thresholds are not exceeded using the
maximum annual run-time of 500 hours per year, based on EPA's PTE
guidance.
     Stationary internal combustion engines with a
manufacturer's site-rated horsepower of less than 50.
     Furnaces or boilers used for space heating exclusively
using gaseous fuel with a total maximum heat input (i.e., from all
units combined) of 10 million British thermal units per hour (MMBtu/hr)
(5 MMBtu/hr in nonattainment areas) or less. Based on our review of
state regulations, and a determination that the NOX
emissions threshold of 5 tons/year would not be exceeded, we are
proposing a maximum fuel usage rate of 10 MMBtu/hr (5 MMBtu/hr in
nonattainment areas) for these units.
    We are proposing to add the following units/activities to the list
of sources that are exempt from minor NSR permitting:
     Single family residences and residential buildings with
four or fewer dwelling units. This would typically include units such
as furnaces and hot water heaters.
     Air conditioning units used for human comfort that do not
exhaust air pollutants to the atmosphere from any manufacturing or
other industrial processes.
     Forestry and silvicultural activities. The FARR defines
these as activities associated with regeneration, growing, and
harvesting of trees and timber including, but not limited to, preparing
sites for new stands of trees to be either planted or allowed to
regenerate through natural means, road construction and road
maintenance, fertilization, logging operations, and forest management
techniques employed to enhance the growth of stands of trees or timber.
They do not include milling operations.
    Exemptions for air conditioning units and heating units for comfort
were originally proposed in the August 21, 2006, Tribal minor NSR
proposed rule. We did not finalize those exemptions, however, because
we were uncertain at that time how the upcoming greenhouse gas (GHG)
regulations, then under development, would affect GHG permitting
thresholds and thus how the outcome of that process might impact those
activities. We have now completed the GHG Tailoring Rule Step 3
rulemaking and not lowered GHG permitting applicability thresholds.
Therefore, we believe these units will not trigger GHG permitting
requirements and we are proposing to add the exemption for air
conditioning units (the non-manufacturing/industrial process type) and
certain units used for space heating to the list of exempted units and
activities in the Tribal minor NSR rule. If the EPA lowers GHG
permitting thresholds in the future, we will reevaluate whether these
exemptions continue to be appropriate.
Revision to the Existing Exempted Units/Activities List
    Lastly, in addition to the proposed additions to the exempted
units/activities listed above, we are proposing to revise the existing
exemption criteria for food preparation activities currently specified
in 40 CFR 49.153(c)(3) such that the current exemption, limited to
noncommercial cooking of food, will be expanded to include certain
types of commercial operations. We are proposing the same definition
that is used in the FARR, i.e., an exemption for the cooking of food
other than wholesale businesses that both cook and sell cooked food.
This proposed revision will broaden the current exemption to fast food
vendors and stand alone restaurants and is being added because we
believe these sources have de minimis emissions.
Information Obtained From Source Registration Under FARR
    The FARR, under 40 CFR 49.138, requires sources on the covered
Indian reservations, unless otherwise exempt, to register their
facility with EPA Region 10 (i.e., the reviewing authority) each year.
As part of that registration process, the source must submit an
estimate of its actual emissions (for criteria and other specified
pollutants). There are 39 Indian reservations located in Idaho, Oregon
and Washington covered under the FARR. While these 39 reservations
represent only a portion of Indian country nationwide, we believe the
source-registration information collected by EPA Region 10 is useful to
help inform us regarding the source-types potentially subject to minor
source permitting (note: the FARR requires both minor and major sources
of NSR pollutants to register).
    For 2011, the most recent registration year completed under the
FARR, a total of 153 sources located within applicable Indian
reservations have registered. Nearly all of the registered sources
perform activities that are potentially covered under one or more EPA
air rules (i.e., a MACT or NSPS rule) when relevant emissions, or other
thresholds, are met (i.e., they are industrial sources). This
information suggests that the list of exemptions in the FARR is
effective at screening out and reducing unnecessary administrative
burden on the types of small emission sources we intend to exempt from
permitting through the proposed revisions to the list in the Tribal
minor NSR rule and indicates that a relatively short list of exempt
units/activities can fulfill our objective. Similarly, under the Tribal
minor NSR rule, units/activities that are not exempt from minor NSR
permitting based on the exemptions list can still qualify for an
exemption if their estimated potential emissions are below the
thresholds contained in 40 CFR 49.153.

B. Defining Construction-Related Activities for Permitting Purposes

    Under the Tribal minor NSR permitting program, the point at which
construction begins is critical in two instances: 1) For new or
modified sources that have not obtained a minor NSR permit,
construction is prohibited until a permit is issued; and 2) For new or
modified sources that have received a minor NSR permit, construction
must begin within 18 months of permit issuance for the permit to remain
valid.
    In the existing Tribal minor NSR rule, the term ``commence
construction'' is used for both situations described

above, i.e., where construction is prohibited and also where
construction must occur within 18 months. In this proposal, we are
intend to clarify two different terms that are relevant for these two
different situations as follows:
    1. Construction Prohibited Prior to Permit Issuance--Definition of
``Begin Construction.''
    The term ``commence construction'' is used in certain sections of
the existing Tribal minor NSR rule to indicate that construction is
prohibited prior to obtaining a permit. To make this provision of the
rule consistent with a similar provision of the major NSR rule, we are
proposing to replace the term ``commence construction'' with ``begin
construction'' in those cases where the rule specifies that a permit is
required before constructing or modifying a source.
    One section of the rule where we are proposing to change ``commence
construction'' to ``begin construction'' is 40 CFR
49.151(c)(1)(iii)(B). In addition to this proposed change, we believe
the regulatory text in this section could be clearer in stating our
intent to delay the implementation date of the minor NSR permitting
program for true minor sources, due to resource constraints, until
September 2, 2014 \9\. Therefore, we are proposing to revise this
section. We believe that by moving the date at which applicability is
triggered to the beginning of this section it is clearer that true
minor sources are not required to obtain a permit unless they begin
construction on or after the date that is the earlier of: six months
after a final general permit for that specific source category is
published in the Federal Register, or September 2, 2014.
---------------------------------------------------------------------------

    \9\ July 1, 2011 Federal Register, 76 FR 38783.
---------------------------------------------------------------------------

    We are also proposing to provide a specific definition for ``begin
construction.'' The proposed definition for ``begin construction'' is
based on the definition of ``begin actual construction'' in 40 CFR
52.21 with some modifications. One proposed modification is a provision
clarifying that certain preparatory activities are not considered to be
construction activities, and therefore can be performed prior to
receiving a permit. The following proposed list of activities is
generally consistent with what we have historically allowed in our
site-specific determinations, related to construction activities, under
the major NSR program: engineering and design planning, geotechnical
investigation (surface and subsurface explorations), clearing,
surveying, ordering of equipment and materials, storing of equipment or
setting up temporary trailers to house construction management or staff
and contractor personnel. We believe this listing of activities will
reduce the uncertainty of whether an activity constitutes ``begin
construction'' under the Tribal minor NSR program.
    2. Construction Necessary after Permit Issuance--Definition of
``Commence Construction.''
    The existing Tribal minor NSR rule does not define the term
``commence construction.'' Currently, because that term is not defined
in the Tribal minor NSR rule, the definition(s) under 40 CFR 52.21
(i.e., the PSD program) applies. However, while 40 CFR 52.21(b) defines
``construction \10\'' and ``commence'' it does not expressly define the
term ``commence construction.'' Therefore, we are proposing a distinct
definition under the Tribal minor NSR rule for ``commence
construction'' that will assist in implementing the minor NSR
provisions.
---------------------------------------------------------------------------

    \10\ The definition of ``construction'' under 40 CFR 52.21(b)
for major sources carries with it a lengthy history of implementing
that term under the major source program. The types of sources
regulated under the major source program are predominantly much more
complex in nature than those regulated under the Tribal minor NSR
rule. Therefore, it would be inconsistent with our intent to
simplify implementation for minor sources or minor modifications, to
refer to the term used in the major source program.
---------------------------------------------------------------------------

    The definition being proposed for ``commence construction'' for
purposes of Tribal minor NSR primarily uses terminology from the
definition of ``commence'' under 40 CFR 52.21 that applies to major
source NSR. However, similar to the proposed definition of ``begin
construction,'' this proposed definition also includes the following
language to clarify the preparatory activities that are not considered
to be within the scope of commencing construction: engineering and
design planning, geotechnical investigation (surface and subsurface
explorations), clearing, surveying, ordering of equipment and
materials, storing of equipment or setting up temporary trailers to
house construction management or staff and contractor personnel. The
list of activities considered to be preparatory, and therefore not
considered to be commencing construction, is included to clarify that
these activities do not count when determining whether the source has
commenced construction by a specified date. In contrast, the activities
that are substantial, and therefore do count toward determining that a
source has commenced construction, are activities such as: installation
of building supports and foundations, paving, laying of underground
pipe work, construction of permanent storage structures, and activities
of a similar nature.

C. Advance Notification Time Period for Relocation of True Minor
Sources

    The Tribal minor NSR rule includes a registration program for true
minor sources. This program was developed to improve our understanding
of the types, and number, of minor sources located in Indian country.
This program requires, under 40 CFR 49.160(c), the owner/operator of
true minor sources to register their source with their reviewing
authority. The information submitted as part of that registration
includes the source's location. If an owner/operator plans to move the
source to another location, that owner/operator is required under 40
CFR 49.160(d)(1) to submit a notice of relocation no later than 30 days
prior to relocating. Among other reasons, this requirement allows us to
maintain the accuracy of our minor source inventory in Indian country.
    We received a letter on November 4, 2011, from the American
Petroleum Institute, the Independent Petroleum Association of America
and America's Natural Gas Alliance (collectively, the Petitioners)
requesting that we reconsider the 30-day advance notice provision for
registered sources prior to relocation. The EPA responded to that
request in a letter dated December 19, 2012, from then EPA
Administrator Lisa Jackson to the Petitioners, where we agreed to
reconsider the 30-day notice requirement. We stated in that December
19, 2012, letter that we would publish a Federal Register notice to
address the specific issues for which we granted reconsideration and we
are addressing the 30-day notice issue in this proposed rule.
    The Petitioners claim that the 30-day period is too long a
timeframe for those sources where facility operations may necessitate a
need to relocate unexpectedly. The Petitioners also stated their
understanding that the requirement to provide the notice of relocation
is for informational purposes and does not require any approval from
the reviewing authority. Both of these issues are discussed below.
    In response to the 30 day notification issue, we looked at both
State and Federal rules pertaining to source relocation. Our review of
state rules showed a range between 10 and 30 days advance notice
specified for sources prior to relocation. In our major source PSD
provisions at 52.21(i)(1)(viii)(d), addressing portable sources that
relocate, we require that notice be

provided to the Administrator no later than 10 days prior to the
relocation. Based on this information we are seeking comment on what
advance notification period between 10 and 30 days is appropriate under
the provisions of 40 CFR 49.160(d)(1).
    While we agree with the Petitioners statement that there is no
requirement for advance approval or a permit for relocation of a
registered source prior to September 2, 2014, we are further clarifying
and requesting comment on the permit requirements discussed below for
sources relocating on or after September 2, 2014.
Source Obligation/Permit Requirements for Relocation
    We believe that the types of true minor sources that typically
relocate are ``portable sources'' such as: hot-mix asphalt plants, rock
crushing operations and concrete batch plants. These source-types are
designed to move the entire source from location to location, and, as a
result, they are normally issued permits containing conditions that
specify the owner/operator obligations prior to relocating. These
portable sources can be permitted with either a site-specific permit
or, if appropriate, through coverage under a general permit. In either
case, multiple locations can be, and often are, pre-authorized in the
permit. We also note that any general permits we may develop for such
portable sources may contain provisions that would address source
relocation. If the existing permit for a portable source does not
contain authorization to relocate to a particular location, then the
source must apply to the appropriate reviewing authority for a permit
revision or new permits, as appropriate, to provide coverage for that
additional location(s) and receive that permit before relocating.
    For the relatively infrequent situation where a non-portable source
is relocated, the owner must apply to the appropriate reviewing
authority for a permit that covers the new location.
    It's important to note that the above discussion pertains to
relocation of the entire minor source. If an owner/operator chooses to
relocate one or more pieces of equipment or emission units associated
with a source from one source to another, the owner/operator would need
to work with its reviewing authority (at the new location) to determine
if such a relocation constitutes a modification under the Tribal minor
NSR rule and requires a permit.
Timing of Relocation
    A relocating source can be subject to permit requirements depending
on the date of relocation.\11\ The three main scenarios are as follows:
---------------------------------------------------------------------------

    \11\ The discussion below applies to true minor sources only.
Synthetic minor sources are less likely to relocate, but if they do,
we expect their permit conditions will address relocation.
---------------------------------------------------------------------------

     A registered true minor source constructed before
September 2, 2014, that relocates before September 2, 2014, is not
required to obtain any approval or permit prior to the relocation. Such
a source is, however, required to provide advance notification of any
planned relocation to the reviewing authority in accordance with 40 CR
49.160(d)(1).
     A true minor source constructed before September 2, 2014,
that relocates on or after September 2, 2014, must obtain a permit from
the appropriate reviewing authority prior to relocation if the source
is subject to the Tribal minor NSR rule.
     A true minor source constructed on or after September 2,
2014, must obtain a permit for the original location and also for any
subsequent relocation not specifically pre-authorized in the original
permit.
    To clarify the notification of relocation requirements further, we
are proposing revisions to 40 CFR 49.160(d)(1) . We propose to replace
the last two sentences of the existing regulatory text, addressing NSR
permitting obligations, with more specific language concerning
relocation situations. The proposed changes specify that a source
moving from the jurisdiction of one reviewing authority to another on
or after September 2, 2014, is required to notify the reviewing
authority at the existing location and submit a permit application to
the reviewing authority at the new location. In the case where the
existing and new locations both fall within the jurisdiction of the
same reviewing authority, the permit application for the new location
will fulfill the relocation notification requirement.
    As discussed above, we believe certain sources will hold permits
that will contain specific conditions addressing requirements for
relocation. In those cases, the provisions of the existing permit shall
indicate the necessary notification of relocation requirements instead
of those contained in 40 CFR 49.160(d)(1).

V. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011) because it does not result in an impact
greater than $100 million in any one year or raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The proposed rule would not create any new requirements under the
Tribal minor NSR program, but rather would simplify minor source
registrations and permit applications for some sources, potentially
reducing burden. The Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in the existing regulations for the Tribal minor NSR program (40 CFR
49.151 through 49.161) under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-
0003. The OMB control numbers for the EPA's regulations in 40 CFR are
listed in 40 CFR Part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedures
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed action on
small entities, small entity is defined as: (1) A small business as
defined in the U.S. Small Business Administration size standards at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently

owned and operated and is not dominant in its field.
    After considering the economic impacts of this proposed action on
small entities, I certify that this proposed action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analysis is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic
effect, on all of the small entities subject to the rule.
    The proposed rule would not create any new requirements under the
Tribal minor NSR program, and therefore would not impose any additional
burden on any sources (including small entities). The proposed rule
would simplify minor source registrations and reduce the number of
permit applications for some sources required under the existing rule,
potentially reducing burden for all entities, including small entities.
We have therefore concluded that this proposed rule will be neutral or
relieve the regulatory burden for all affected small entities. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any 1 year. The
proposed rule would not create any new requirements under the Tribal
minor NSR program, but rather would simplify minor source registrations
and reduce the number of permit applications for some sources,
potentially reducing burden. Thus, this rule is not subject to the
requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. As noted
previously, the effect of the proposed rule would be neutral or relieve
regulatory burden.

E. Executive Order 13132: Federalism

    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This proposed rule would revise
the Tribal minor NSR program, which applies only in Indian country, and
would not, therefore, affect the relationship between the national
government and the states or the distribution of power and
responsibilities among the various levels of government.
    In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
rule from state and local officials.

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

    The EPA has concluded that this proposed rule will have tribal
implications. However, it will neither impose substantial direct
compliance costs on tribal governments, nor preempt tribal law. The
proposed rule will have tribal implications since it would revise the
Tribal minor NSR program, which applies to both tribally-owned and
privately-owned sources in Indian country. As with the existing rule,
the revised rule would be implemented by the EPA, or a delegate tribal
agency assisting the EPA with administration of the rules, until
replaced by an EPA-approved tribal implementation plan. The effect of
the proposed rule would be to simplify compliance with, and
administration of, the Tribal minor NSR program, so any impact on
tribes would be in the form of reduced burden and cost.
    The EPA conducted substantial outreach and consultation with tribal
officials and other tribal representatives during the development of
the Tribal minor NSR program, and incorporated tribal views throughout
the course of developing the program. These outreach efforts were
summarized in section III.D of the preamble to the final rule (76 FR
38753). Regarding this proposal, we have presented highlights of the
proposed changes to tribal environmental staff during a conference call
with the National Tribal Air Association on February 28, 2013, and
asked for comments. Regarding the list of exempted units/activities, we
received a comment letter from one tribe during the comment period
following proposal of the initial Tribal minor NSR rule and we
considered those comments again in developing this proposed rule. We
plan to offer consultation to the tribal governments during the
proposed rule comment period.
    The EPA specifically solicits additional comment on this proposed
action from tribal officials.

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

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

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through the OMB, explanations when the agency decides
not to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, the EPA did not consider the use of any voluntary consensus
standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The proposed rule would simplify minor source
registrations and permit applications for some sources under the Tribal
minor NSR program, but would not relax control requirements or result
in greater emissions under the program. In fact, to the extent that the
proposed rule might result in improved compliance with the program, it
could result in emissions reductions in Indian country, which are often
home to both minority and low-income populations.

K. Determination Under Section 307(d)

    Pursuant to section 307(d)(1)(V) of the CAA, the Administrator
determines that this action is subject to the provisions of section
307(d). Section 307(d)(1)(V) provides that the provisions of section
307(d) apply to ``such other actions as the Administrator may
determine.''

VI. Statutory Authority

    The statutory authority for this action is provided by sections
101, 110, 112, 114, 116 and 301 of the CAA as amended (42 U.S.C. 7401,
7410, 7412, 7414, 7416 and 7601).

List of Subjects in 40 CFR Part 49

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

    Dated: May 23, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as set forth
below.

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

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

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

Subpart C--[Amended]

0
2. Section 49.151 is amended by:
0
a. Revising paragraph (c)(1)(i)(A);
0
b. Revising paragraphs (c)(1)(ii)(A) and (B);
0
c. Revising paragraph (c)(1)(iii)(B); and
0
d. Revising paragraph (d)(1).
    The revisions read as follows:

Sec.  49.151  Program Overview.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (A) If you wish to begin construction of a minor modification at an
existing major source on or after August 30, 2011, you must obtain a
permit pursuant to Sec. Sec.  49.154 and 49.155 (or a general permit
pursuant to Sec.  49.156, if applicable) prior to beginning
construction.
* * * * *
    (ii) * * *
    (A) If you wish to begin construction of a new synthetic minor
source and/or a new synthetic minor HAP source or a modification at an
existing synthetic minor source and/or synthetic minor HAP source on or
after August 30, 2011, you must obtain a permit pursuant to Sec.
49.158 prior to beginning construction.
    (B) If your existing synthetic minor source and/or synthetic minor
HAP source was established pursuant to the FIPs applicable to the
Indian reservations in Idaho, Oregon and Washington or was established
under an EPA-approved rule or permit program limiting potential to
emit, you do not need to take any action under this program unless you
propose a modification for this existing synthetic minor source and/or
synthetic minor HAP source, on or after August 30, 2011. For these
modifications, you need to obtain a permit pursuant to Sec.  49.158
prior to beginning construction.
* * * * *
    (iii) * * *
    (B) If you wish to begin construction of a new true minor source or
a modification at an existing true minor source on or after 6 months
from the date of publication in the Federal Register of a final general
permit for that source category, or September 2, 2014, whichever is
earlier, you must first obtain a permit pursuant to Sec. Sec.  49.154
and 49.155 (or a general permit pursuant to Sec.  49.156, if
applicable). The proposed new source or modification will also be
subject to the registration requirements of Sec.  49.160, except for
sources that are subject to Sec.  49.138.
* * * * *
    (d) * * *
    (1) If you begin construction of a new source or modification that
is subject to this program after the applicable date specified in
paragraph (c) of this section without applying for and receiving a
permit pursuant to this program, you will be subject to appropriate
enforcement action.
* * * * *
0
3. Amend Sec.   49.152 in paragraph (d) by adding in alphabetical order
the definitions for the terms ``Begin construction,'' ``Commence
construction,'' and ``Forestry or silvicultural activities'' to read as
follows:

Sec.  49.152  Definitions.

* * * * *
    (d) * * *
    Begin construction means, in general, initiation of physical on-
site construction activities on an emissions unit which are of a
permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying underground
pipework and construction of permanent storage structures. With respect
to a change in method of operations, this term refers to those on-site
activities other than preparatory activities which mark the initiation
of the change. The following preparatory activities are excluded:
engineering and design planning, geotechnical investigation (surface
and subsurface explorations), clearing, surveying, ordering of
equipment and materials, storing of equipment or setting up temporary
trailers to house construction management or staff and contractor
personnel.
    Commence construction means, as applied to a new minor stationary
source or minor modification at an existing stationary source subject
to this subpart, that the owner or operator has all necessary
preconstruction approvals or permits and either has:
    (i) Begun on-site activities including, but not limited to,
installing building supports and foundations, laying underground piping
or erecting/installing permanent storage structures. The following
preparatory activities are excluded: engineering and design planning,
geotechnical investigation (surface and subsurface explorations),
clearing, surveying, ordering of

equipment and materials, storing of equipment or setting up temporary
trailers to house construction management or staff and contractor
personnel.; or
    (ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
* * * * *
    Forestry or silvicultural activities means those activities
associated with regeneration, growing, and harvesting of trees and
timber including, but not limited to, preparing sites for new stands of
trees to be either planted or allowed to regenerate through natural
means, road construction and road maintenance, fertilization, logging
operations, and forest management techniques employed to enhance the
growth of stands of trees or timber.
* * * * *
0
4. Section 49.153 is amended by:
0
a. Revising paragraphs (a)(3)(ii) and (iii);
0
b. Revising paragraphs (c) introductory text and (c)(3); and
0
c. Adding paragraphs (c)(8) through (13).
    The revisions and additions read as follows:

Sec.  49.153  Applicability.

    (a) * * *
    (3) * * *
    (ii) If you wish to begin construction of a new synthetic minor
source and/or a new synthetic minor HAP source or a modification at an
existing synthetic minor source and/or synthetic minor HAP source, on
or after August 30, 2011, you must obtain a permit pursuant to Sec.
49.158 prior to beginning construction.
    (iii) If you own or operate a synthetic minor source or synthetic
minor HAP source that was established prior to the effective date of
this rule (that is, prior to August 30, 2011) pursuant to the FIPs
applicable to the Indian reservations in Idaho, Oregon and Washington
or under an EPA-approved rule or permit program limiting potential to
emit, you do not need to take any action under this program unless you
propose a modification for this existing synthetic minor source and/or
synthetic minor HAP source on or after August 30, 2011. For these
modifications, you need to obtain a permit pursuant to Sec.  49.158
prior to beginning construction.
* * * * *
    (c) What emissions units and activities are exempt from this
program? At a source that is otherwise subject to this program, this
program does not apply to the following emissions units and activities
that are listed in paragraphs (c)(1) through (13) of this section:
* * * * *
    (3) Cooking of food, except for wholesale businesses that both cook
and sell cooked food.
* * * * *
    (8) Single family residences and residential buildings with four or
fewer dwelling units.
    (9) Emergency generators, designed solely for the purpose of
providing electrical power during power outages:
    (i) In nonattainment areas, the total maximum manufacturer's site-
rated horsepower of all units shall be below 500;
    (ii) In attainment areas, the total maximum manufacturer's site-
rated horsepower of all units shall be below 1,000.
    (10) Stationary internal combustion engines with a manufacturer's
site-rated horsepower of less than 50.
    (11) Furnaces or boilers used for space heating that exclusively
use gaseous fuel, with a total maximum heat input (i.e., from all units
combined) of:
    (i) In nonattainment areas, 5 million British thermal units per
hour (MMBtu/hr) or less;
    (ii) In attainment areas, 10 MMBtu/hr or less.
    (12) Air conditioning units used for human comfort that do not
exhaust air pollutants in the atmosphere from any manufacturing or
other industrial processes.
    (13) Forestry and silvicultural activities.
* * * * *
0
5. Section 49.158 is amended by revising paragraph (c)(1) to read as
follows:

Sec.  49.158  Synthetic minor source permits.

* * * * *
    (c) * * *
    (1) If your existing synthetic minor source and/or synthetic minor
HAP source was established pursuant to the FIPs applicable to the
Indian reservations in Idaho, Oregon and Washington or was established
under an EPA-approved rule or permit program limiting potential to
emit, you do not need to take any action under this program unless you
propose a modification for this existing synthetic minor source and/or
synthetic minor HAP source on or after August 30, 2011. For these
modifications, you need to obtain a permit pursuant to Sec.  49.158
before you begin construction.
* * * * *
0
6. Section 49.160 is amended by revising paragraph (d)(1) to read as
follows:

Sec.  49.160  Registration program for minor sources in Indian country.

* * * * *
    (d) * * *
    (1) Report of relocation. After your source has been registered,
you must report any relocation of your source to the reviewing
authority in writing no later than 30 days prior to the relocation of
the source. Unless otherwise specified in an existing permit, a report
of relocation shall be provided as specified in paragraph (d)(1)(i) or
(ii) of this section, as applicable. In either case, the permit
application for the new location satisfies the report of relocation
requirement.
    (i) Where the relocation results in a change in the reviewing
authority for your source, you must submit a report of relocation to
the current reviewing authority and a permit application to the new
reviewing authority.
    (ii) Where the reviewing authority remains the same, a report of
relocation is fulfilled through the permit application for the new
location.
* * * * *

[FR Doc. 2013-13057 Filed 6-3-13; 8:45 am]
BILLING CODE 6560-50-P