[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Proposed Rules]
[Pages 2545-2573]
[FR Doc No: 2013-30345]

Vol. 79

Tuesday,

No. 9

January 14, 2014

Part II

Environmental Protection Agency

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40 CFR Part 49

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

Federal Register / Vol. 79 , No. 9 / Tuesday, January 14, 2014 /
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2011-0151; FRL-9904-09-OAR]
RIN 2060-AQ95

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing general
permits for use in Indian country pursuant to the Indian Country Minor
New Source Review (NSR) rule for new or modified minor sources in the
following five source categories: Hot mix asphalt (HMA) plants; stone
quarrying, crushing, and screening (SQCS) facilities; auto body repair
and miscellaneous surface coating operations; gasoline dispensing
facilities (GDFs); and petroleum dry cleaning facilities. In the
alternative, the EPA is also proposing permits by rule for use in
Indian country for new or modified minor sources in three of the source
categories: Auto body repair and miscellaneous surface coating
operations; GDFs; and petroleum dry cleaning facilities. The EPA is
also proposing certain changes to the Indian Country Minor NSR rule.
The proposed changes include: Extending the deadline by when true minor
sources in the oil and gas sector must receive minor source NSR
permits; and allowing general permits and permits by rule for specific
categories to create synthetic minor sources.

DATES: Comments must be received on or before March 17, 2014.
    Public Hearing. If anyone contacts us requesting to speak at a
public hearing by February 4, 2014, 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-2011-0151, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2011-0151 in the subject line of the message.
     Fax:<PHONE_NUMBER>, attention Docket ID No. EPA-HQ-OAR-
2011-0151.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2011-0151, EPA,
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Please include a total of two copies.
     Hand Delivery: The EPA Docket Center, Public Reading Room,
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2011-0151. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0151. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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.C of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: The EPA has established a docket for this rulemaking under
Docket ID Number EPA-HQ-OAR-2011-0151. All documents in the docket are
listed in the 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 under Docket ID Number EPA-HQ-
OAR-2011-0151, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stoneman, Outreach and
Information Division, Office of Air Quality Planning and Standards, (C-
304-03), Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, telephone number<PHONE_NUMBER>, facsimile number
(919) 541-0072, email address<EMAIL_ADDRESS>    To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Carolyn Childers, Outreach and
Information Division, Office of Air Quality Planning and Standards
(C304-01), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number<PHONE_NUMBER>; fax number (919)
541-0072; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``reviewing
authority,'' ``we,'' ``us'' and ``our'' refer to the EPA. The
information in this preamble is organized as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to the EPA?
    1. Submitting CBI
    2. Tips for Preparing Comments
    C. Where can I get a copy of this document and other related
information?
    D. What acronyms, abbreviations and units are used in this
preamble?
II. Purpose
    A. Proposed Action
    B. Areas Where the EPA Is Seeking Comment
III. Background
    A. Tribal Air Rule
    B. Indian Country Minor NSR Rule
    1. What is the Indian Country Minor NSR rule?
    2. What is a true minor source and how does it differ from a
synthetic minor source?
    3. What are the minor NSR thresholds?
    4. What is a general permit?
    C. What is a permit by rule?
IV. Description of General Permit Program in Indian Country and the
EPA's Use of This Package To Satisfy the General Permit Issuance
Process

    A. General Permit Program
    B. How do sources apply for general permits?
    C. What are the required permitting elements?
V. Source Categories for Which Draft General Permits in Indian
Country Are Available for Public Review
    A. Notice of Proposed General Permits
    B. Structure of General Permits
    C. The EPA's Control Technology Review
    D. Scope of Coverage Under Each General Permit
    E. Surrogate Annual Allowable Emission Limitations
    F. Requirements of the Endangered Species Act (ESA) and the
National Historic Preservation Act (NHPA)
VI. Summary of Specific Terms and Conditions of the General Permits
and Request for Comment
    A. HMA Plants
    1. What is an HMA plant?
    2. What is in the proposed HMA general permit?
    3. What geographic restrictions are contained in the HMA general
permit?
    B. SQCS Facilities
    1. What is a SQCS facility?
    2. What is in the proposed SQCS facility general permit?
    C. Request for Comment on the Proposed HMA Plant and SQCS
Facility General Permits
    1. Throughput Production Limits as a Surrogate for Annual Ton
Per Year Allowable Emission Limitations
    2. Setback Requirement
    3. Authorizing Multiple Locations
    4. Spark-ignition Engines
    D. Auto Body and Miscellaneous Surface Coating Operations
    1. What is an auto body repair and miscellaneous surface coating
operation?
    2. What is in the proposed auto body repair and miscellaneous
surface coating operations general permit?
    3. Request for Comment on the Proposed Auto Body Repair and
Miscellaneous Surface Coating Operations General Permit
    a. Surrogate Annual Allowable Emission Limitations
    b. Covering Both Auto Body Repair and Miscellaneous Surface
Coating Operations
    E. GDFs
    1. What is a GDF?
    2. What impact will the GDF National Emissions Standard for
Hazardous Air Pollutants and onboard refueling vapor recovery
control systems have on emissions from GDFs?
    3. Treatment of Diesel Fuel
    4. What are the requirements for the proposed general permit for
GDFs in serious, severe, and extreme ozone nonattainment areas?
    5. What type of source may apply for coverage under the proposed
GDF general permit?
    6. Request for Comment on the Proposed GDF General Permit
    a. Should the EPA establish an annual allowable emission
limitation?
    b. Should proposed standing loss control requirements apply to
GDFs in Indian country in potential future serious, severe, and
extreme ozone nonattainment areas outside of California?
    F. Petroleum Dry Cleaning Facilities
    1. What is a petroleum dry cleaning facility?
    2. What is in the proposed petroleum dry cleaning facilities
general permit?
    3. Request for Comment on the Proposed Petroleum Dry Cleaning
Facilities General Permit
    a. Surrogate Annual Allowable Emission Limitations
    b. Should we establish additional requirements for serious,
severe, and/or extreme ozone nonattainment areas?
VII. Description of the EPA's Proposed Permit by Rule Program in
Indian Country
    A. What is a permit by rule?
    B. How would a permit by rule program operate in Indian country?
    C. Requirements of the ESA and NHPA
VIII. Proposed Permits by Rule
IX. Implementation Documents and Tools
X. Reconsideration of the Use of General Permits To Create Synthetic
Minor Sources
XI. Additional Areas Where Comment Is Being Sought
    A. Should general permits and permits by rule be made available
for sources in the same source category?
    B. Can sources have more than one general permit or permit by
rule at a single location?
XII. Additional Source Categories for Which the EPA Is Planning To
Propose General Permits and/or Permits by Rule
XIII. Rule Changes to the Indian Country Minor NSR Rule, Including
Extension of Deadline for the Indian Country Minor NSR Rule
    A. Amending Sec.  49.151(c)(1)(iii)(B)
    B. Amending Sec.  49.156(e)
    C. Amending Sec.  49.160(c)(1)(ii) and (iii)
XIV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

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

                       Table 1--Source Categories
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                                      North
                                    American
       Industry category            industry      Examples of regulated
                                 classification          entities
                                     system
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HMA Facilities.................          324122  Asphalt Paving,
                                                  Roofing, and Saturated
                                                  Materials
                                                  Manufacturing.
                                         324121  Asphalt Paving Mixture
                                                  and Block
                                                  Manufacturing.
SQCS Facilities................          212311  Dimension Stone Mining
                                                  and Quarrying.
                                         212312  Crushed and Broken
                                                  Limestone Mining and
                                                  Quarrying.
                                         212313  Crushed and Broken
                                                  Granite Mining and
                                                  Quarrying.
                                         212319  Other Crushed and
                                                  Broken Stone Mining
                                                  and Quarrying.
                                         212321  Construction Sand and
                                                  Gravel Mining.
Auto Body Repair and                     811121  Automotive Body, Paint,
 Miscellaneous Surface Coating           332812   Interior, and Glass
 Operations.                                      Repair.
                                                 Metal Coating,
                                                  Engraving (Except
                                                  Jewelry and
                                                  Silverware), and
                                                  Allied Services to
                                                  Manufacturers.
GDFs...........................            4471  Gasoline stations.
                                          44711  Gasoline Stations with
                                                  Convenience Stores.

                                         447110  Gasoline Stations with
                                                  Convenience Stores.
                                          44719  Other Gasoline
                                                  Stations.
                                         447190  Other Gasoline
                                                  Stations.
Petroleum Dry Cleaning                   812320  Dry Cleaning and
 Facilities.                                      Laundry Services
                                                  (Except Coin-
                                                  Operated).
                                         812310  Coin-Operated Laundries
                                                  and Dry Cleaners.
------------------------------------------------------------------------

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

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

1. Submitting CBI
    Do not submit this information to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    Send or deliver information identified as CBI only to the following
address: Roberto Morales, OAQPS Document Control Officer (C404-02),
Office of Air Quality Planning and Standards, EPA, Research Triangle
Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2011-
0151.
2. Tips for Preparing Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a 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 proposal will also be available on the World Wide Web. Following
signature by the Acting EPA Assistant Administrator, a copy of this
notice will be posted in the regulations and standards section of our
NSR home page located at http://www.epa.gov/nsr and on the tribal NSR
page at http://www.epa.gov/air/tribal/tribalnsr.html.

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

AST Aboveground storage tank.
CAA Clean Air Act.
CO Carbon monoxide.
EPA Environmental Protection Agency.
ESA Endangered Species Act.
FIP Federal Implementation Plan.
GDF Gasoline dispensing facility.
GPM Gallons per month.
GPY Gallons per year.
HAPs Hazardous Air Pollutants.
HMA Hot mix asphalt.
MACT Maximum Achievable Control Technology.
NAAQS National Ambient Air Quality Standards.
NESHAP National Emissions Standards for Hazardous Air Pollutants.
NEI National Emissions Inventory.
NOX Nitrogen oxides.
NSR New Source Review.
NHPA National Historic Preservation Act.
NTTAA National Technology Transfer and Advancement Act.
OMB Office of Management and Budget.
ORVR Onboard Refueling Vapor Recovery.
PM Particulate matter.
PSD Prevention of Significant Deterioration.
PTE Potential to Emit.
PSI Pounds per square inch.
RVP Reid Vapor Pressure.
SLC Standing loss control.
SIP State Implementation Plan.
SQCS Stone Quarrying, Crushing and Screening.
TIP Tribal Implementation Plan.
tpy Tons Per Year.
UMRA Unfunded Mandates Reform Act.
VOC Volatile organic compounds.

II. Purpose

A. Proposed Action

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

minor source in Indian country. The rule also specified the process and
requirements for using general permits as a streamlined permitting
approach to authorize construction and modifications at true minor
sources. General permits streamline the preconstruction permitting of
new or modified true minor sources because they involve the issuance of
one permit that can apply to multiple stationary sources that have
similar emissions units.
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    \1\ In this document, reviewing authority refers to an EPA
regional office. However, tribes can become reviewing authorities if
they decide to assume responsibility for implementing the minor NSR
program in their area.
    \2\ True minor source means a source that emits, or has the
potential to emit, regulated NSR pollutants in amounts that are less
than the major source thresholds under either the Prevention of
Significant Deterioration program at 40 CFR 52.21, or the Major NSR
program for Nonattainment Areas in Indian Country at 40 CFR 49.166
through 49.173, but equal to or greater than the minor NSR
thresholds in Sec.  49.153, without the need to take an enforceable
restriction to reduce its PTE to such levels. The PTE includes
fugitive emissions, to the extent that they are quantifiable, only
if the source belongs to one of the 28 source categories listed in
part 51, Appendix S, paragraph II.A.4(iii) or Sec.  52.21(b)(1)(iii)
of 40 CFR, as applicable.
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    In today's proposal, the EPA is proposing the use of two types of
minor NSR preconstruction permits to help streamline the EPA's
permitting of true minor sources that construct or modify in Indian
country and belong to one of five different source categories. The
first type of permit is a general permit. The second type is a permit
by rule, which is another mechanism for streamlining the issuance of
preconstruction permits. Permits by rule use a regulatory-type
structure to permit sources by pre-authorizing construction and
modification activities carried out in accordance with the permit's
requirements. To become covered by a permit by rule, as we are
proposing today, a source must notify the EPA that it meets the terms
of coverage and is complying with the permit's conditions but does not
need to await approval of a request for coverage.
    As our preferred approach, we are proposing general permits for HMA
plants; SQCS facilities; GDFs; auto body repair and miscellaneous
surface coating operations; and petroleum dry cleaning facilities.
Specifically, we are proposing general permits for these source
categories for permitting affected emissions units and emissions-
generating activities in these source categories. As an alternative,
for GDFs, auto body repair and miscellaneous surface coating
operations, and petroleum dry cleaning facilities, the EPA is also
requesting comment on whether, in lieu of establishing general permits
for each of these categories, we should instead adopt permits by rule
for one or more of these three source categories. (In addition, as
explained in Section XI, we are requesting comment on finalizing both
permitting mechanisms for these three source categories by using
permits by rule to provide authorization to construct or modify true
minor sources and by providing general permits to establish enforceable
limitations to create synthetic minor sources.)
    We are proposing the regulatory framework that the EPA will use to
establish permits by rule, and we are making available various permit
implementation documents and tools on which we request public comment.
We are proposing to extend the date by when minor sources in the oil
and gas sector must receive minor NSR permit (i.e., September 2, 2014).
Finally, we are seeking comment on a requested change in policy
provided in the Indian Country Minor NSR rule for which we have granted
reconsideration.\3\ The current policy states that general permits
cannot be used to create synthetic minor sources. We seek comment on
changing that policy to allow general permits--and permits by rule--to
create synthetic minor sources.
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    \3\ ``Review of New Sources and Modifications in Indian Country:
Notice of Action Partially Granting Petition for Reconsideration and
Denying Request for Administrative Stay,'' U.S. Environmental
Protection Agency, 78 FR 2210, January 10, 2013, http://www.gpo.gov/fdsys/pkg/FR-2013-01-10/html/2012-31742.htm.
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B. Areas Where the EPA Is Seeking Comment

    In this action, we are seeking comment on a number of issues,
including, but not limited to:
    (1) All aspects of the permit documents and implementation tools
for the following source categories (Sections VI and IX):
    a. HMA plants;
    b. SQCS facilities;
    c. Auto body repair and miscellaneous surface coating operations;
    d. GDFs; and
    e. Petroleum dry cleaning facilities;
    (2) The appropriateness of utilizing streamlined general permit
applications for three source categories:
    a. Auto body repair and miscellaneous surface coating operations;
    b. GDFs; and
    c. Petroleum dry cleaning facilities;
    (3) Several administrative aspects of general permits, including
(Section V):
    a. Whether the EPA's proposed approach of incorporating by
reference each reviewing authority's approval of a request for coverage
into the general permit is necessary and appropriate; and
    b. The appropriateness of proposed permit terms related to the
reviewing authority's ability to reopen, revise, or terminate an
individual approval of coverage under the general permit;
    (4) Different aspects of the EPA's conclusion on its control
technology review that, because the control measures in this proposal
are currently used by other similar sources in other areas of the
country, the measures in the proposed permits are technically and
economically feasible, and cost-effective (Section V);
    (5) Use of throughput limits as a surrogate for ton-per-year
allowable emission limitations, or, alternatively, establishment of
annual allowable emission limitations for each pollutant, and the use
of throughput limits as surrogate monitoring measures to demonstrate
compliance with ton-per-year annual allowable emission limitations
(Section V);
    (6) The regulatory framework that the EPA is proposing as an
alternative to use to establish permits by rule and the streamlined
review and issuance process that the EPA is proposing whereby a source
can become covered by a permit by rule by notifying the EPA that it
qualifies for the permit, meets the terms of coverage and is complying
with the permit's conditions (but not having to wait for the reviewing
authority's approval) (Section VII);
    (7) Proposal to change the policy in the Indian Country Minor NSR
rule to allow the use of both general permits and permits by rule to
create synthetic minor sources (Section X);
    (8) Finalizing both permitting mechanisms for three source
categories (i.e., auto body repair and miscellaneous surface coating
operations; GDFs; and petroleum dry cleaning facilities) by providing
authorization to construct or modify true minor sources via permits by
rule and by providing enforceable limitations to create synthetic minor
sources via general permits (Section XI);
    (9) Use of more than one general permit and/or permit by rule for a
source at a location (Section XI);
    (10) Additional source categories for which the EPA is planning to
propose general permits and/or permits by rule (Section XII); and
    (11) Proposed rule changes to the Indian Country Minor NSR rule in
five areas in three provisions (Section XIII):
    a. Shortening the general permit application review process from 90
to 45 days for certain source categories;
    b. Adjusting the deadline by which minor sources covered by a
general permit need to obtain a preconstruction permit;
    c. Extending the permitting deadline for true minor sources within
the oil and gas source category;
    d. Removing a provision to make clear that sources may seek
coverage under a general permit as soon as it is effective

and need not wait an additional 4 months; and
    e. Adjusting the deadline for oil and gas sources for certain
registration-related requirements to be consistent with the proposed
permitting deadline extension.

III. Background

A. Tribal Air Rule

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

1. What is the Indian Country Minor NSR rule?
    The Indian Country Minor NSR rule applies to new and modified minor
stationary sources and to minor modifications at existing major
stationary sources located in Indian country where there is no EPA-
approved program in place. The rule also includes a pre-construction
permits program for major sources proposing to construct in areas of
Indian country that have not attained one or more NAAQS, i.e.,
nonattainment areas. After September 2, 2014, any new stationary
sources that will emit, or will have the potential to emit (PTE), a
regulated NSR pollutant in amounts that will be: (1) Equal to or
greater than the minor NSR thresholds, established in the Minor NSR
rule; and (2) less than the amount that would qualify the source as a
major source for purposes of the PSD or nonattainment major NSR
programs, must apply for and obtain a minor NSR permit before
commencing construction of the new source.\7\ Likewise, any existing
stationary source (minor or major) must apply for and obtain a minor
NSR permit before commencing construction of a physical or operational
change that will increase the allowable emissions of the stationary
source by more than the specified threshold amounts, if the change does
not otherwise trigger the permitting requirements of the PSD or
nonattainment major NSR program(s).\8\
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    \7\ Under the current Indian Country Minor NSR rule, certain
sources may need to apply for a permit earlier than September 2014,
if the EPA finalizes a general permit for that category before that
date.
    \8\ A source may, however, be subject to certain monitoring,
recordkeeping and reporting (MRR) requirements under the major NSR
programs, if the change has a reasonable possibility of resulting in
a major modification. A source may be subject to both the Indian
Country Minor NSR program and the reasonable possibility MRR
requirements of the major NSR program(s).
---------------------------------------------------------------------------

    Among other things, the Indian Country Minor NSR rule created a
framework for the EPA to streamline the issuance of preconstruction
permits to true minor sources by using general permits. We explain this
framework further in the sections below.
2. What is a true minor source and how does it differ from a synthetic
minor source?
    ``True minor source'' means a source that emits, or has the
potential to emit, regulated NSR pollutants in amounts that are less
than the major source thresholds under either the PSD program at 40 CFR
52.21, or the Major NSR program for Nonattainment Areas in Indian
Country at 40 CFR 49.166 through 49.173, but equal to or greater than
the minor NSR thresholds in Sec.  49.153, without the need to take an
enforceable restriction to reduce its PTE to such levels. The PTE
includes fugitive emissions, to the extent that they are quantifiable,
only if the source belongs to one of the 28 source categories listed in
part 51, Appendix S, paragraph II.A.4(iii) or Sec.  52.21(b)(1)(iii) of
40 CFR, as applicable. For example, a hot mix facility, located in a
sulfur dioxide (SO2) attainment area, that has a maximum
potential to emit of 135 tons per year (tpy) of SO2, without
the need to take an enforceable restriction to reduce its PTE to such
levels, would qualify as a true minor source.
    By contrast, ``synthetic minor source'' means a source that
otherwise has the potential to emit regulated NSR pollutants in amounts
that are at or above those for major sources, but that has taken a
restriction so that its PTE is less than such amounts. Such
restrictions must be enforceable as a legal and practical matter. For
example, a hot mix facility, located in an SO2 attainment
area, that has an unrestricted potential to emit 270 tpy, but that is
legally constrained to emit only 135 tpy of SO2 because the
source has taken a throughput limit made enforceable

through a permit (i.e., a limit on how much hot mix product it can
produce), would qualify as a synthetic minor source. In the preamble to
both the proposed and final Indian Country Minor NSR rule, the EPA
indicated that it would not use general permits to allow otherwise
major sources to create synthetic minor sources.\9\ We discuss this
issue more fully in Section X and request comment on our proposal to
change this policy and also allowing permits by rule to create
synthetic minor sources.
---------------------------------------------------------------------------

    \9\ Note that the current regulatory language does not restrict
the use of general permits in this manner.
---------------------------------------------------------------------------

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

    Table 2--Minor NSR Thresholds for Sources in Indian Country \10\
------------------------------------------------------------------------
                                       Minor NSR           Minor NSR
                                    thresholds for      thresholds for
     Regulated NSR pollutant         nonattainment     attainment  areas
                                      areas (tpy)            (tpy)
------------------------------------------------------------------------
Carbon monoxide (CO)............                   5                  10
Nitrogen oxides (NOX)...........              \11\ 5                  10
SO2.............................                   5                  10
Volatile Organic Compounds (VOC)               \4\ 2                   5
PM (particulate matter).........                   5                  10
PM10............................                   1                   5
PM2.5...........................                 0.6                   3
Lead............................                 0.1                 0.1
Fluorides.......................                  NA                   1
Sulfuric acid mist..............                  NA                   2
Hydrogen sulfide (H2S)..........                  NA                   2
Total reduced sulfur (including                   NA                   2
 H2S)...........................
Reduced sulfur compounds                          NA                   2
 (including H2S)................
Municipal waste combustor                         NA                   2
 emissions......................
Municipal solid waste landfill                    NA                  10
 emissions (measured as
 nonmethane organic compounds)..
------------------------------------------------------------------------

4. What is a general permit?
    The Indian Country Minor NSR rule specified the process and
requirements for using general permits to authorize construction and
modifications at true minor sources as a streamlined permitting
approach. A general permit, for purposes of this action, is a permit
document that contains standardized requirements that multiple
stationary sources can use. The EPA may issue a general permit for
categories of emissions units or stationary sources that are similar in
nature, have substantially similar emissions, and would be subject to
the same or substantially similar permit requirements.\12\ ``Similar in
nature'' refers to size, processes, and operating conditions. The
purpose of a general permit is to provide for protection of air quality
while simplifying the permit process for similar minor sources. General
permits offer a cost-effective means of issuing permits and provide a
quicker and simpler mechanism for permitting minor sources than the
site-specific permitting process.
---------------------------------------------------------------------------

    \10\ If part of a tribe's area of Indian Country is designated
as attainment and another part as nonattainment, the applicable
threshold for a proposed source or modification is determined based
on the designation where the source would be located. If the source
straddles the two areas, the more stringent thresholds apply.
    \11\ In extreme ozone nonattainment areas, section 182(e)(2) of
the CAA requires any change at a major source that results in any
increase in emissions to be subject to major NSR permitting. In
other words, any changes to existing major sources in extreme ozone
nonattainment areas are subject to a ``0'' tpy threshold, but that
threshold does not apply to minor sources.
    \12\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38770, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

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

guide sources through a series of questions to determine whether they
meet the criteria to be eligible for coverage under a general permit.

C. What is a permit by rule?

    Like a general permit, a permit by rule is a standard set of
requirements that can apply to multiple stationary sources with similar
emissions characteristics. For purposes of this action, a permit by
rule would differ from a general permit in that the agency would codify
a permit by rule directly into the Indian Country Minor NSR rule. The
process for a source to apply for coverage under a permit by rule, and
the process for the reviewing authority to grant coverage under a
permit by rule, are more streamlined compared to a standard general
permit, or a site-specific permit. Section VII provides a description
of the source application for permits by rule.

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

A. General Permit Program

    The EPA codified the framework it would follow to issue general
permits for minor sources in the Indian Country Minor NSR rule in 40
CFR 49.156. While it was not necessary for the EPA to codify this
framework to issue general permits, the EPA nonetheless created the
regulatory framework to better inform the public of the process the EPA
will use to issue general permits. Per the framework, to issue a
general permit, the reviewing authority must follow the requirements
for public participation contained in Sec.  49.157. These provisions
require the reviewing authority then to provide a notice that a draft
permit is available for comment. The regulations list a number of ways
in which a reviewing authority can provide notice to the public, and
also allow the reviewing authority to use other means of notification
as appropriate. See 40 CFR 49.157(b)(1)(ii)(E). We have opted to
provide notice to the public regarding the present proposal of general
permits for five source categories through use of the Federal Register.
We believe this means is appropriate in this case because we intend to
apply these general permits in all areas of Indian country subject to
the Indian Country Minor NSR program and the Federal Register provides
a nationwide circulation of the notice. We will also mail a copy of
each permit to the appropriate Indian governing bodies and the tribal,
state and local air pollution agencies in adjacent air jurisdictions
that may be impacted by the air pollution sources that use the general
permit in accordance with 40 CFR 49.157(b)(1)(i).
    The existing regulations also identify the type of information that
a reviewing authority must make available to the public, and list a
number of elements to be included in the public notice. See 40 CFR
49.157(a) and (b)(2). We are satisfying these requirements in this
proposal in a wide-ranging manner by providing the public access to the
application forms we will require an applicant to complete, and the
other implementation tools for each general permit. (We discuss these
tools in greater detail in Section IX of this preamble.) Many of these
requirements relate to information that is best made available when an
individual applicant applies for coverage under a specific general
permit. We will make information specific to an individual source's
request for coverage under a general permit available at the time we
provide notice of the source's request for coverage.
    After providing adequate public notice of the availability of the
draft permit, the reviewing authority must allow a period of at least
30 days for the public to comment on the permit, and to request a
public hearing. See 40 CFR 49.157. We are satisfying these requirements
by using this package to propose and take comments on the general
permits. Once we finalize a general permit, it will be used by the
EPA's regional office reviewing authorities \13\ for sources requesting
coverage under the permit.
---------------------------------------------------------------------------

    \13\ The Administrator delegated the authority to each EPA
Regional Administrator to carry out all aspects of the Indian
Country minor NSR program, including issuing general permits and
approving individual coverage under a general permit.
---------------------------------------------------------------------------

    The regulations set forth the provisions for a final permit to
undergo administrative and judicial review in accordance with Sec.
49.159. The procedures governing appeals of NSR permits to the
Environmental Appeals Board will govern administrative review of these
general permits. Issuance of a general permit is a final agency action
with respect to all aspects of the general permit except its
applicability to an individual source. The provisions of 40 CFR 49.159
will continue to govern administrative and judicial review of the EPA's
approval of an individual source's request for coverage. After the
reviewing authority approves a request for coverage by an individual
source, a party may appeal only the applicability of the general permit
to that particular source.
    Although we are using a Federal Register notice to initially
establish the general permits, we intend to use other methods also
consistent with procedures in 40 CFR 49.159 to reopen or
administratively amend the final permits if we determine it is
necessary and appropriate. A reviewing authority may reopen and revise
a final general permit for cause after providing the opportunity for
notice and comment under Sec.  49.157. Revisions to a final general
permit may be appropriate, for example, when the reviewing authority
decides to issue a new general permit for the same category to account
for advances in control technology or for other pertinent reasons.
However, when a reviewing authority issues a new general permit,
sources operating under the existing general permit will be able to
continue to operate under the existing permit unless and until the
source subsequently proposes to modify.\14\
---------------------------------------------------------------------------

    \14\ If EPA revises an existing general permit, then the
original permit can no longer be used for new and modified minor
sources. The new general permit will be used for new and modified
minor sources in the relevant source category. The existing general
permit remains in place for existing facilities unless and until
they choose to modify.
---------------------------------------------------------------------------

B. How do sources apply for general permits?

    40 CFR 49.156(e) describes the procedure for sources to obtain
coverage under a general permit. At the time a source submits a request
for coverage under a general permit, it must submit a copy of such
request to the appropriate Indian governing body for the area of Indian
country where the source is locating. The reviewing authority must act
on the source's request for coverage under the general permit as
expeditiously as possible, but it must notify the source of the final
decision within 90 days of its receipt of your coverage request. The
source's reviewing authority must comply with a 45-day completeness
review period to determine if the request for coverage under a general
permit is complete. Therefore, within 30 days after the receipt of the
source's coverage request, the reviewing authority must make an initial
request for any additional information necessary to process your
coverage request and the source must submit such information within 15
days. If the source does not submit the requested information within 15
days from the request for additional information and this results in a
delay that is beyond the 45-day completeness review period, the 90-day
permit issuance period for the general permit will be extended by the
additional days the source takes to submit the requested information
beyond the 45-day period. If the reviewing authority fails to notify

you within a 30-day period of any additional information necessary to
process the source's coverage request, it will still have 15 days to
submit such information and the reviewing authority must still grant or
deny the request for coverage under a general permit within the 90-day
general permit issuance period and without any time extension.
    If the reviewing authority determines that the source's request for
coverage under a general permit has all the relevant information and is
complete, it will notify the source in writing as soon as that
determination is made. If the source does not receive from the
reviewing authority a request for additional information or a notice
that the request for coverage under a general permit is complete within
the 45-day completeness review period, the request will be deemed
complete.
    After permit coverage is granted, under 40 CFR 49.156 (e), coverage
under a general permit becomes invalid if a source does not commence
construction within 18 months after the effective date of coverage
under a general permit, if the source discontinues construction for a
period of 18 months or more, or if the source does not complete
construction within a reasonable time. The reviewing authority may
extend the 18-month period upon a satisfactory showing that an
extension is justified, and the 18-month limit does not apply to the
time period between construction of the approved phases of a phased
construction project. In those cases, construction of each such phase
must commence within 18 months of the projected and approved
commencement date.
    In Section XIII, the EPA proposes to amend 40 CFR 49.156(e) to
shorten the permit application procedure to 45 from 90 days.
    In Section IX, we describe the implementation documents and tools
that we are making available for comment to assist sources with
applying for general permits.

C. What are the required permitting elements?

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

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

A. Notice of Proposed General Permits

    In accordance with 40 CFR 49.171(b)(1)(1)(E), we are providing the
public with a copy of five draft general permits covering (1) HMA
plants; (2) SQCS facilities; (3) auto body repair and miscellaneous
surface coating operations; (4) GDF facilities; and (5) petroleum dry
cleaning facilities. Copies of each of these permits and the following
four associated permitting documents are available in the docket for
this notice (EPA-HQ-OAR-2011-0151) and at http://www.epa.gov/air/tribal/tribalnsr.html:
    (1) Request for Coverage (Application);
    (2) Questionnaire;
    (3) Instructions; and
    (4) PTE calculator.
    The applications for three of the five source categories in today's
proposal (i.e., auto body repair and miscellaneous surface coating
operations; GDFs; and petroleum dry cleaning facilities) are
streamlined and ask for contact and location information and general
source-specific information (more detailed source-specific information
would be required from sources seeking coverage under the HMA and SQCS
general permits). This is discussed further in Section IX.
    The general permits will authorize construction of, or any change
to, any of the affected emission units, or pollutant emitting
activities named in the permit, at any proposed true minor source that
meets the applicability and eligibility statements in the permit, and
for which the reviewing authority approves coverage under the permit.
    We request comment on all aspects of the general permits and the
associated forms and documentation provided to assist the stationary
sources specified in the permits in complying with the Indian country
minor NSR preconstruction permitting and post-construction operating
requirements. In Section VIII, we propose, in the alternative, permits
by rule for auto body repair and miscellaneous surface coating
operations, GDFs and petroleum dry cleaning facilities. Should we
decide to finalize a permit by rule for any of these categories, then
we may not finalize the draft general permit for that category.
Alternatively, we may opt to finalize both permitting mechanisms for
the same source category, and may tailor one of the permitting
mechanisms to provide authorization to construct or modify true minor
sources (i.e., permits by rule) and another to provide enforceable
limitations to create synthetic minor sources (i.e., general permits).
(See Section X, for further discussion of the use of general permits
and permits by rule to create synthetic minor sources.) We specifically
request comment on this ``hybrid'' approach (see Section XI, for
further discussion on the hybrid approach).
    For the five source categories in today's action, we are proposing
general permits as our preferred approach. We have crafted our proposal
to ensure air quality is protected and to provide a streamlined
approach where appropriate. Specifically, for HMA plants and SQCS
facilities, the EPA is proposing (1) that we retain the 90-day
application review process provided in the Indian Country NSR Rule; and
(2) that we provide lengthier, more detailed applications. Lengthier,
more detailed applications are appropriate for source operations such
as HMA and SQCS facilities that involve multiple pollutants where the
reviewing authority needs to conduct a review to evaluate whether an
individual source meets the requirements in the permit. However, we
also recognize that a more streamlined approach may be appropriate for
other source categories with few pollutants of concern and in which the
operations are less complex. For those source categories (i.e., auto
body repair and miscellaneous surface coating operations; GDFs; and
petroleum dry cleaning facilities), the EPA is proposing to change the
underlying rule to provide a shorter application review period (see
Section XIII) and a shorter application (see Section IX). The permits
by rule proposed as an alternative for these same three categories
would take that streamlining a step further (see Section VII).
    The remainder of this section outlines the general structure of
each of the draft general permits, and requests comment on issues that
are common among the draft general permits. Specifically, we are
requesting comment on:
    (1) Whether the EPA should allow the use of each general permit to
create synthetic minor sources;
    (2) Whether the EPA's proposed approach of incorporating by
reference each reviewing authority's approval of a request for coverage
into the general

permit is necessary and appropriate; and
    (3) The appropriateness of proposed permit terms related to the
reviewing authority's ability to reopen, revise, or terminate an
individual approval of coverage under the general permit.

This section also describes the general process we undertook for each
of the control technology reviews required to establish the terms and
conditions of each draft general permit, and requests comment on our
conclusions on several aspects of the control technology reviews.
    Additional information and supporting analyses on each of these
draft permits are located in the background documents. These documents
are available at Docket ID No. EPA-HQ-OAR-2011-0151 and online at
http://www.epa.gov/air/tribal/tribalnsr.html.

B. Structure of General Permits

    Each draft general permit contains a similar overall structure. The
cover page of each draft permit contains general information on the
draft permit. First, it briefly describes the applicability of the
permit to a particular source category or emissions activity the
general permit regulates in accordance with 40 CFR 49.156(d)(1). This
description varies for each of the draft permits, depending on the
emissions activity covered by the draft permit.
    Second, the cover page limits eligibility for coverage under the
permit to true minor sources. We included this limitation to allow
permitting authorities the ability to process a permit application for
inherently larger sources using the more extended time periods the
Indian Country Minor NSR rule provides for case by case, site specific
review. We also include this limitation in the draft permits to remain
consistent with our current policy that we will not allow sources to
use general permits to create synthetic minor sources.
    We recognize, however, that limiting eligibility of these draft
permits to only true minor sources could limit the number and types of
sources that could take advantage of the streamlined, general
permitting process. We also recognize that there is similar emissions
potential between true minor sources and properly regulated synthetic
minor sources as we discuss in Section X. We request comment on whether
there are reasons that the final general permits should retain the true
minor limitation on eligibility for one or more of the permits, or
whether we should expand the eligibility of these draft general permits
to ``synthetic minor'' sources. After reviewing comments received, we
may amend one or more of the final permits to allow any minor source to
apply for coverage under that permit.
    Third, following the eligibility statement, the draft permit
directs applicants to the specific information that an applicant must
include in a request for coverage under the permit in accordance with
40 CFR 49.156(d)(2)(ii) and (iii). The request for coverage serves as
the permit application and the information in the application will
differ for each draft permit. We discuss the application and
implementation tools to assist true minor sources in determining
whether a source is eligible for coverage under a general permit in
Section IX.
    Fourth, the draft permit contains a statement that incorporates
each reviewing authority's approval of a request for coverage into the
general permit. Sections 1 through 6 of the general permit, and the
most current approval of the request for coverage, must be posted
prominently at the facility, and each affected emissions unit and any
associated air pollution control technology must be labeled with the
identification number listed in the Approval of the Request for
Coverage for that permitted source. We request comment on the inclusion
of this condition in the permits given that the Indian Country Minor
NSR rule only requires posting of the approval of coverage.
    As we developed the draft permits, we envisioned situations in
which the reviewing authority may need to revise information contained
in the approval notice some time after issuance. For example, a source
covered by a general permit may subsequently change ownership. A
reviewing authority may delegate responsibilities for the general
permit to a tribal air pollution control agency. A source may
subsequently need to revise something in its request for coverage that
would alter elements of the approval. For example, a source may
misidentify an equipment identification number in its request for
coverage, or decide to expand or limit the scope of the modification. A
reviewing authority may need to alter its approval of the request for
coverage for these situations. The general permit provisions at 40 CFR
51.156(b)(2) broadly reference 40 CFR 49.159, which specifically
addresses the reviewing authority's ability to reopen or
administratively amend permits. The provisions, however, do not
specifically delineate how they apply to an approval of a request for
coverage under a general permit. By incorporating the approval into the
general permit, we ensure that the revision procedures contained in 40
CFR 49.159 apply to revisions a reviewing authority may make to the
approval of the request for coverage. We request comment on this
approach for incorporating the approval of the request for coverage
into the general permit. Alternatively, we request comment on whether
such incorporation is unnecessary and on whether to apply the
procedures in 40 CFR 49.159 to the approval of the request for
coverage, or whether the EPA should amend the existing regulations at
Sec.  51.156 to address amendments to the request for coverage.
    Fifth, the draft permit contains information on the reviewing
authority's right to terminate or revise the general permit. The
general permit provisions in the Indian Country Minor NSR rule provide
the reviewing authority the ability to revise, revoke and reissue, or
terminate a general permit. In harmony with those provisions, the draft
permits include authority for a reviewing authority to revise or
terminate an approval of a request for coverage. We are adding these
provisions to the general permit, under the authority of 40 CFR
49.165(d), to clarify how the Indian Country Minor NSR rule intended
these provisions to apply to an individual request for coverage. We
request comment on inclusion of these provisions in the general permit,
or, alternatively, whether the EPA should amend the Indian Country
Minor NSR rule to expressly delineate the reviewing authority's right
to revise or terminate an individual source's coverage under a general
permit.
    Finally, the draft permit contains a statement indicating that the
definitions contained in the Indian country rule govern use of those
terms within the general permit. The statement also refers permittees
to a section of the permit that contains definitions that may be
specific to the source categories or emissions activities covered by
the general permit; and indicates that when a term is not otherwise
defined we will interpret that term consistent with normal business
use. We, nonetheless, request comment on whether we should include any
additional definitions to improve the clarity of the general permits.
    Following the general information section, each draft permit
contains the enforceable terms and conditions of the general permit.
Section 1 of the Terms and Conditions provisions contains general
provisions that, with only a few exceptions, are similar for all the
general permits. These provisions contain statements that the rules
require in each permit pursuant to 40 CFR 49.155.

    In each permit, the general provisions are followed by emission
limitations and other operational restrictions or specifications, and
monitoring, recordkeeping, and reporting requirements that are unique
to each of the permits. The notice and reporting requirements are
followed by a section outlining the reviewing authority's ability to
change the general permit, including the approval of the request for
coverage, a section on requesting coverage under the permit, and
attachments with abbreviations and acronyms, a list of definitions
referenced on the cover page of the permit and a list of reviewing
authorities and areas of coverage. Attachments to the HMA plant and
rock crushing permits also contain requirements to minimize fugitive
dust emissions. An attachment to the GDF permit contains requirements
for vapor balance system design criteria, management practices, and
performance testing. Attachments to the auto body repair and
miscellaneous surface coating operations general permit provide
standards for cold cleaner degreasers and training and certification
requirements for spray-applied surface coating personnel. An attachment
to the petroleum dry cleaning facilities permit contains requirements
specific to serious, severe, or extreme ozone nonattainment areas.

C. The EPA's Control Technology Review

    With the exception of the GDF general permit, each permit
establishes specific numerical limitations on the quantity, rate or
concentration of emissions for each regulated NSR pollutant emitted by
each affected emissions unit. (The GDF permit includes equipment
requirements.) For each general permit, in a manner similar to what a
permitting authority would be expected to do for an individual source,
we established these control technology-based requirements by
researching both state and local air quality programs to identify
control technologies or other emissions reduction measures used by
similar sources in surrounding areas, and by reviewing requirements
contained in existing 40 CFR parts 60, 61 and 63 emissions standards
that apply to these source categories. The draft permits build upon the
requirements in the part 60, 61, and 63 emissions standards by
including some control technology measures found in state and local
agencies' general permits for these source categories.
    The background documents for each draft permit explain the state
and local programs we reviewed to identify control technology options
in each source category. We believe that, because these control
measures are currently used by other similar sources in other areas of
the country, that they are technically and economically feasible, and
cost effective. We request comment on this conclusion, and invite
commenters to submit specific information that would indicate that
either: (1) The measures in the draft permits are not economically
feasible and/or cost-effective; or (2) additional economically feasible
and cost-effective measures are available and appropriate to include in
the final general permits.
    In determining specific emission limitations and control measures
for each permit, we considered the general, local air quality
conditions in Indian country. Notably, Indian country contains both
attainment and nonattainment areas for different regulated NSR
pollutants.\15\ In some cases, for areas designated as nonattainment
for a given pollutant, the draft permits contain more stringent
emission limitations for that pollutant (or precursors of that
pollutant). These control requirements will help mitigate any further
degradation of air quality in those areas. In other cases, however, the
draft permits do not include different emission limitations based on
the attainment status of the area. In these situations, we determined
that the emission limitations are sufficient to protect air quality in
both attainment and nonattainment areas.
---------------------------------------------------------------------------

    \15\ Maps for those NAAQS for which the EPA has designated
nonattainment areas in Indian Country are available online at http://www.epa.gov/air/tribal/tribalnsr.html and Docket ID No. EPA-HQ-OAR-
2011-0151. NAAQS for which the EPA has designated nonattainment
areas are: ozone (2008 NAAQS), PM10 (1987 NAAQS),
PM2.5 24-Hour (2006 NAAQS), and PM2.5 Annual
(1997 NAAQS). There are no tribal lands in nonattainment for
SO2 (2010 NAAQS), NO2, lead (2008 NAAQS), and
CO.
---------------------------------------------------------------------------

    For HMA plants and SQCS facilities, we also added additional
provisions related to the location of the emitting activities and the
source property boundary. We call these provisions, which are designed
to minimize the impacts of emissions, setback requirements. Under the
setback requirement, sources may not locate within a specific distance
from the property boundary and nearest residences. In reviewing state
and local air agency general permits, we found that permitting
authorities in Alaska and Washington include setback provisions to
protect local ambient air quality from potential source impacts. We
find that these provisions are both reasonable and prudent measures to
protect local air quality, and are economically feasible and cost
effective. We, therefore, included similar measures in the draft
permits. We discuss the specific setback requirements for each category
in Section VI.
    We welcome comments identifying other source categories for which a
setback requirement should apply. We also welcome comments on the types
of buildings from which we should establish setbacks (e.g., schools,
nursing homes). We further request comment on whether the setback
requirement conflicts with tribal authority over zoning-related
matters, and, if so, on how we should resolve that conflict.
    To further protect against adverse local air quality impacts, the
draft permits assure that no source will cause or contribute to NAAQS
or PSD increment violations by prohibiting emissions that would result
in such impacts. Thus, reviewing authorities will consider any air
quality concerns unique to specific areas that arise after issuance of
the general permits in this proposal when determining whether an
individual permit applicant is eligible for coverage under the general
permit. For example, if a source wants to locate in an area with air
quality levels approaching or violating the NAAQS, the reviewing
authority may need to request that a source apply for a site-specific
permit so that the potential for greater control than that afforded by
the general permit can be evaluated.
    In conducting the control technology review, we also considered the
anticipated growth rate of the source categories. In general, we do not
anticipate significant increases in the growth rates for these five
source categories for the foreseeable future, as we identified no
information indicating that that is the case.\16\ Thus, we do not
believe that emissions increases from these categories will pose unique
or unprecedented impacts on air quality in the near future that might
warrant a more stringent approach to controlling emissions than
contained in the draft permits. We request comment on our conclusion
about anticipated economic growth in these source categories and
regions, and the reasonableness of the emission limitations and control
measures specified in the draft permits.
---------------------------------------------------------------------------

    \16\ See the following memo online at http://www.epa.gov/air/tribal/tribalnsr.html and in the docket (ID No. EPA-HQ-OAR-2011-
0151): ``Projected New Minor Sources in Indian Country,'' from
Lillian Grace Bradley, Environmental Economist, EPA/OAQPS to Chris
Stoneman, Policy Advisor, EPA/OAQPS, July 2, 2013.

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

D. Scope of Coverage Under Each General Permit

    In the Indian Country Minor NSR rule, the EPA stated that it may
use the general permit mechanism to issue permits to ``similar'' types
of emissions units or minor sources. This limitation on the ability to
issue general permits is consistent with the EPA's longstanding
interpretation of the CAA as it relates to the ability of a permitting
agency and source to use standardized protocols to meet CAA permitting
requirements. The general permits we are proposing meet the limitation
that general permits apply only to similar sources, because each of the
permits covers only affected emission units or emissions generating
activities that are: (1) specifically identified by name in the permit;
(2) generate the same regulated NSR pollutants in the same manner and
magnitude; and (3) are associated only with operations within a defined
source category.\17\ We discuss the specific scope of each draft
general permit in more detail in Section VI below and in the background
document for each draft general permit.
---------------------------------------------------------------------------

    \17\ These criteria are not the sole manner for demonstrating
that a general permit applies only to similar sources, but they
serve as examples of the types of characteristics that may be
relevant.
---------------------------------------------------------------------------

E. Surrogate Annual Allowable Emission Limitations

    The Indian Country Minor NSR rule requires the reviewing authority
to establish annual allowable emission limitations for each affected
emissions unit and for each NSR regulated pollutant emitted by the
unit, if the unit is issued an enforceable limitation lower than the
PTE of that unit. See 40 CFR 49.155(a)(2). For the five source
categories in this proposal, some states (but not all) provide both
annual ton per year allowable emission limitations and throughput
limits in their general permits. Other state reviewing authorities
provide only overall production limits that limit the amount of
throughput a facility can process over a period of time. We believe
that production limits serve as a reasonable surrogate for ton per year
emission limitations, when there is a direct correlation between the
amount of material processed and the amount of pollution emitted. We
also believe that monitoring throughput rather than actual emissions
may provide a more cost-effective method of demonstrating compliance.
For example, HMA facilities regularly track a facility's throughput,
but do not necessary analyze specific emissions discharges. Thus,
reliance on throughput limits provides a more cost-effective approach
to regulate emissions and we believe will enhance the potential for
compliance with the draft permit for this and other categories. In
Section VI, we request comment on our use of throughput limits as a
surrogate for annual ton per year allowable emission limitations.
Alternatively, we request comment on whether we should establish annual
allowable emission limitations for each pollutant, and use throughput
as a surrogate monitoring measure to demonstrate compliance with a ton
per year annual allowable emission limitation.
    In a related matter, in Section X of this preamble, we indicate
that we have granted reconsideration on the issue of allowing reviewing
authorities to use general permits to create synthetic minor sources
and propose to change the current policy. If the EPA allows otherwise
major sources to qualify as synthetic minor sources through use of
general permits, we request comment on specific changes that we would
need to include in the production limits of each permit to properly
regulate synthetic minor sources for these categories. For example,
should the EPA establish higher annual tpy allowable emission
limitations or surrogate production limits that are just below the
major source thresholds for each regulated NSR pollutant, or should the
EPA maintain the limitations in the current draft permits to maintain
an adequate compliance margin?

F. Requirements of the Endangered Species Act (ESA) and the National
Historic Preservation Act (NHPA) \18\
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    \18\ These requirements apply to both general permits and
permits by rule. Only general permits are mentioned here but the
requirements apply identically to both permit types. Section VII.C.
is specific to permits by rule and notes that these requirements
also apply to permits by rule.
---------------------------------------------------------------------------

    The ESA requires federal agencies to ensure, in consultation with
the U.S. Fish and Wildlife Service and/or the National Marine Fisheries
Service (the Services), that any action they authorize, fund, or carry
out will not likely jeopardize the continued existence of any listed
threatened or endangered species, or destroy or adversely modify the
designated critical habitat of such species. Under relevant ESA
implementing regulations, federal agencies consult with the Service(s)
on actions that may affect listed species or designated critical
habitat. The NHPA requires federal agencies to take into account the
effects of their undertakings on historic properties--i.e., properties
that are either listed on, or eligible for listing on, the National
Register of Historic Places--and to provide the Advisory Council on
Historic Preservation (the Council) a reasonable opportunity to comment
on such undertakings. Under relevant NHPA implementing regulations,
NHPA consultations are generally conducted with the appropriate Tribal
and/or State Historic Preservation Officers in the first instance, with
opportunities for direct Council involvement in appropriate
circumstances, including, for example, consultations in connection with
undertakings affecting multiple tribes or states. The Indian Country
Minor NSR program has increased the number of activities for which the
EPA is the permitting authority. To meet ESA and NHPA requirements, we
have developed a process for compliance with these laws when issuing
the general permits. The EPA intends to consult with the Services and
the Council on our general permits and the proposed procedures to
address potential effects on relevant protected resources.
    For purposes of general permits, the EPA intends to adopt a
framework that provides appropriate protection for listed species and
critical habitat and historic properties. The EPA believes, based on
the evaluation of available information, that the sources that are the
subject of this proposal are unlikely to present a significant risk to
listed species and critical habitat and to historic properties because
they are by their nature small, low emitting sources. However, to
ensure listed species and critical habitats and historic properties are
protected, the EPA has developed a framework in the general permits
that requires the source to identify and assess effects before a
request for coverage under the general permit is submitted to the EPA.
Requiring this assessment should help identify any concerns related to
potential impacts on listed species/critical habitat or historic
properties early in the process when the greatest opportunities to
mitigate or avoid any impacts--including changes to the facility's
location or footprint--are available. This framework is similar to
procedures established by the Office of Water for the National
Pollutant Discharge Elimination System General Permit for Stormwater
Discharges from Construction Activities.\19\ The EPA believes that
requiring a similar process in both the general permits, and the
general stormwater permits, will

streamline the process for all concerned: The applicants, the EPA, the
tribes, and the Services.
---------------------------------------------------------------------------

    \19\ ``Final National Pollutant Discharge Elimination System
(NPDES) General Permit for Stormwater Discharges from Construction
Activities,'' U.S. Environmental Protection Agency, 77 FR 12286,
February 29, 2012, http://www.gpo.gov/fdsys/granule/FR-2012-02-29/2012-4822/content-detail.html.
---------------------------------------------------------------------------

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

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

    In the following sections, we provide a brief summary of the source
category regulated by each general permit and areas of each draft
general permit on which we specifically seek public comment. Because
the areas upon which we specifically seek comment in the HMA plant and
SQCS facility general permits are common among the two permits, we have
combined the request for comment section on these permits into one
subsection. In this preamble, we are not delineating every aspect of
the requirements of the general permits. Instead, we refer readers to
the draft permits and associated background information to review all
the detailed requirements we include in each general permit. Although
we are soliciting comments on specific aspects of the draft permits,
we, nonetheless, invite the public to comment on all relevant aspects
of the draft permits.

A. HMA Plants

1. What is an HMA plant?
    An HMA plant manufactures hot mix asphalt by heating and drying
aggregate material and then mixing it with asphalt cements. An HMA
plant consists of an assembly of mechanical and electronic equipment
used to prepare hot aggregate and mineral filler for mixing to make hot
mix asphalt. The facility includes any combination of the following
activities/equipment: Dryers, liquid asphalt storage tanks, fuel oil
storage tanks, auxiliary heaters (including hot oil heaters), material
storage handling and transfer systems, generators, storage bins/silos,
storage piles, and haul roads. An HMA plant can be constructed as a
permanent plant, a skid-mounted (easily relocated) plant, or a portable
plant.
    HMA paving materials are a mixture of size-graded, high quality
aggregate, which can include reclaimed asphalt pavement (RAP), and
liquid asphalt cement. The production process involves sorting and
drying the aggregate, heating the asphalt binder, and heating and
applying the mixture. Aggregate material can be produced from numerous
sources, including natural rock, RAP, reclaimed concrete pavement
(RCP), glass, fly ash, bottom ash, steel slag, recycled asphalt
shingles, and crumb rubber. Aggregate and RAP (if used) constitute over
92 percent by weight of the total mixture. Aside from the amount and
grade of asphalt cement used, mix characteristics are determined by the
relative amounts and types of aggregate and RAP used. A certain
percentage of fine aggregate (less than 74 micrometers in physical
diameter) is required for the production of good quality HMA.\20\
---------------------------------------------------------------------------

    \20\ AP 42, Fifth Edition, Compilation of Air Pollutant Emission
Factors, Volume 1: Stationary Point and Area Sources; Chapter 11.1--
Hot Mix Asphalt Plants; U.S. Environmental Protection Agency; http://www.epa.gov/ttn/chief/ap42/index.html.
---------------------------------------------------------------------------

    There are four types of HMA plants based on the type of
manufacturing process used: (1) Batch mix plants; (2) continuous mix
(mix outside dryer drum) plants; (3) parallel flow drum mix plants; and
(4) counterflow drum mix plants. Historically, about 85 percent of
manufacturing plants have been of the counterflow drum mix design,
while batch plants and parallel flow drum mix plants account for 10
percent and 5 percent, respectively.\21\
---------------------------------------------------------------------------

    \21\ Ibid.
---------------------------------------------------------------------------

    The emissions associated with HMA plants are generated by: (1) Raw
materials acquisition and manufacturing processes; and (2)
transportation of raw materials during manufacture and transportation
to the roadway construction site. The emissions from HMA plants consist
of: (1) Combustion emissions from mixer/dryers, auxiliary heaters, and
generators; (2) PM emissions from the mixing/drying process and the
material handling process; and (3) fugitive PM emissions from haul
roads. The CO emissions from the batch mix plants are significantly
higher than the CO emissions from drum mix plants due to the incomplete
combustion process occurring in the batch mixer/dryers.
2. What is in the proposed HMA general permit?
    This proposed general permit would apply to the construction of new
true minor source HMA plants or the modification of existing true minor
HMA plants, located in Indian country. This general permit does not
apply to HMA plants that perform contaminated soil remediation, and
does not apply to cold mix asphalt production facilities. The draft
permit contains emission limitations requirements for the following
affected emission units:
     Dryers;
     Systems for screening, handling, storing, and weighing hot
aggregate;
     Systems for mixing hot mix asphalt;
     Loading transfer, and storage systems associated with
emission control equipment;
     Fuel storage tanks; and
     Stationary engines.
    The permit requires dryers/mixers to be controlled by a baghouse,
fugitive emissions controlled by a fugitive dust control plan, and
engines to be controlled to appropriate standards. Fuel used in the
dryer/mixer and auxiliary heaters must be limited to natural gas,
distillate fuel, and biodiesel. The stationary engines are limited to
using diesel and biodiesel as fuels. All liquid fuels are limited to no
more than 0.0015 percent sulfur by weight.
    The proposed general permit includes monitoring that is sufficient
to assure compliance with the emission limitations that apply to the
source, including ensuring the baghouse is operating properly, taking
weekly opacity observations and fugitive emissions surveys and meeting
certain other requirements. The proposed general permit includes
recordkeeping and reporting sufficient to assure compliance with the
emission limitations and monitoring requirements.
3. What geographic restrictions are contained in the HMA general
permit?
    The general provisions of the HMA plant draft permit restrict
sources from

locating in severe and extreme ozone nonattainment areas or serious CO
nonattainment areas.\22\ Because the major stationary source thresholds
are very low in these types of areas, we do not envision that any minor
source HMA plants or SQCS facilities will locate in these areas. Thus,
we did not to address this situation in these general permits. We
request comment on whether the EPA should limit the geographic scope of
eligibility of the general permits in this manner.
---------------------------------------------------------------------------

    \22\ Sources can still locate in these areas but would need to
obtain a site-specific NSR permit and may face more stringent
control requirements.
---------------------------------------------------------------------------

B. SQCS Facilities

1. What is a SQCS facility?
    A SQCS facility is any non-metallic mineral processing facility
which uses rock crushers, grinding mills, screening operations, bucket
elevators, belt conveyors, bagging operations, storage bins, storage
piles, truck loading stations, or railcar loading stations to process
sand, gravel, or mineral aggregate.\23\
---------------------------------------------------------------------------

    \23\ The operations and equipment at a typical SQCS facility are
described in: AP 42, Fifth Edition, Volume I, Chapter 11: Mineral
Products Industry, Chapters 11.19.1, Sand and Gravel Processing, and
11.19.2, Crushed Stone Processing and Pulverized Mineral Processing;
U.S. Environmental Protection Agency; http://www.epa.gov/ttn/chief/ap42/ch11/index.html.
---------------------------------------------------------------------------

    The SQCS facilities are part of a larger industrial process where
sand, gravel, rock, and minerals are removed from the earth and
prepared for industrial, commercial and residential use. In sand and
gravel processing, deposits of sand and gravel are mined and processed
with screens, washing, and clarifiers to segregate the material into
different particle sizes. Sometimes facilities use crushing equipment
to reduce particle sizes. In rock crushing operations, drilling and
blasting operations loosen rock, and then a front-end loader or power
shovel loads the rock into large haul trucks that transport the
material to the processing operations. Processing operations may
include: Crushing, screening, size classification, material handling
and storage operations. Rock is loaded into bins and sent through
screens, sorted for size, and conveyed to one or more rock crushers
until all of the raw material is reduced to the desired size. Each
crusher machine has associated screening and conveying equipment. After
crushing, the rock is sorted according to size in screeners and
conveyers that move the rock to storage piles. Front end loaders and
trucks move finished materials offsite. Rock types processed by the
crushed stone industry include: Limestone, granite, dolomite, traprock,
sandstone, quartz, quartzite, and lesser amounts of calcareous marl,
marble, shell, and slate. Electricity for the motors running the
crushers, screens, and conveyors is provided either by grid electric
power or by diesel generators.
    Criteria pollutant emissions of concern are primarily PM from
crushing and screening, and PM and NOX from diesel
generators. For sources with available water, water sprays may be used
to control PM emissions. In sand processing, water is typically used in
clarifiers to sort the sand by size, and the sand is processed wet. Dry
PM control methods (baghouses) may also be used to control PM
emissions.\24\
---------------------------------------------------------------------------

    \24\ Ibid.
---------------------------------------------------------------------------

2. What is in the proposed SQCS facility general permit?
    This proposed general permit would apply to the construction of new
true minor source SQCS facilities or the modification of existing true
minor SQCS facilities, located in Indian country. The proposed general
permit is for a facility that processes non-metallic materials only
(i.e., sand, rock or stone). A source that processes any of the
following is not eligible for coverage under this proposed permit:
Metallic materials; radioactive materials; materials that contain
asbestos; materials intended to be used as fuel; and minerals for
structural clay, clay ceramics, brick, lime manufacturing, phosphate
products, Portland cement, or refractory products.
    The draft permit covers emissions from the following equipment at
HMA facilities:
     Engines;
     Material handling equipment; and
     Fuel storage tanks.

The draft permit requires emissions from all crushers, screens, drop
points, and other possible release points to be controlled by wet
suppression, requires fugitive emissions to be controlled by a fugitive
dust control plan, and engines to be controlled to appropriate
standards. Stationary engines are limited to using diesel and biodiesel
as fuels. All liquid fuels are limited to no more than 0.0015 percent
sulfur by weight.
    The proposed general permit includes monitoring that is sufficient
to assure compliance with the emission limitations that apply to the
source, including ensuring the wet suppression system is operating
properly, taking weekly opacity observations and fugitive emissions
surveys and meeting certain other requirements. The proposed general
permit includes recordkeeping and reporting requirements sufficient to
assure compliance with the emission limitations and monitoring
requirements.

C. Request for Comment on the Proposed HMA Plant and SQCS Facility
General Permits

    We request comment on all aspects of the general permits for HMA
plants and SQCS facilities. We specifically request comment in the
following four areas:
1. Throughput Production Limits as a Surrogate for Annual Ton Per Year
Allowable Emission Limitations
    The proposed HMA plant and SQCS facility general permits contain
throughput-based production limits that serve as surrogates for annual
ton per year allowable emission limitations. We discuss the use of
surrogate limits in Section V.E. above. For HMA plants, for production
of hot mix asphalt the draft permit contains separate production
limits:
     100,000 tons-per-month based on a 12-month rolling average
from a drum mix asphalt plant; or
     33,000 tons-per-month based on a 12-month rolling average
from a batch mix asphalt plant.

For SQCS facilities, the draft permit restricts raw material annual
throughput to 10,500,000 tons based on any continuous rolling 12-month
period. The background information documents for the draft permits
contain the approximate ton per year emission thresholds for which the
throughput limits act as surrogates. The draft permit does not
establish different throughput limits based on the attainment status of
the area. We request comment on our use of throughput limits as a
surrogate for tpy emission limitations for this source category, and on
whether there should be different production throughput limits in
attainment and nonattainment areas.
    In establishing specific limits for HMA plants and SQCS facilities,
we considered whether we should compute the production throughput
limits on a ton per year basis, or over a shorter period of time to
assure continuous compliance. For HMA plants, where NOX is
the limiting pollutant, we elected monthly average production limits to
ensure continuous compliance for portable plants that may relocate to
ozone nonattainment areas within the same year. For SQCS facilities,
where PM is the limiting pollutant, we elected to include an annual
limit based on a 12-month rolling total. Nonetheless, we request
comment on whether we should instead establish a monthly total

emission limitation based on a 30-day rolling total or any other
appropriate averaging period.
    In addition to the production throughput limits, each of the draft
permits contains restrictions on the amount of fuel used. For HMA
plants, the combined fuel consumption in all engines and generators,
excluding nonroad mobile engines, may not exceed 12,500 gallons-per-
calendar month if the source is located in an attainment area for
ozone; or 2,500 gallons-per-calendar month if the source is located in
an ozone nonattainment area. (In the HMA permit, fuel combustion is
limited to natural gas, propane, distillate fuel, and biodiesel in the
dryer/mixer and auxiliary heaters and diesel and biodiesel in the
stationary engines and generators.) We are proposing monthly limits on
production and fuel use at HMA plants because NOX emissions
from the dryer and engines are the limiting factor in determining
whether a source qualifies for a general permit. The monthly limits
allow a source to relocate to an area with a different attainment
status and still ensure they are operating as a minor source consistent
with their application. We determined that it would be unnecessarily
complicated for sources to show compliance with two different annual
fuel limits within the same 12-month period (assuming the HMA plant is
co-located with a SQCS facility), since during the previous 11 months
they could have been at different locations. (Below, we discuss how
multiple locations can be handled for the SQCS general permit.) The
monthly limit on fuel use makes demonstrating compliance
straightforward and maintains operational flexibility (since the same
annual production limit applies to attainment and nonattainment areas).
    For SQCS facilities, the combined fuel consumption of all engines
and generators, excluding nonroad mobile engines, may not exceed a
range of between 33,000 gallons and 162,000 gallons annually based on a
12-month rolling total for each month, depending on the ozone
attainment status of the area. (In the SQCS permit, fuel combustion in
stationary internal combustion engines is limited to diesel and
biodiesel.) In the case of SQCS facilities, PM emissions from engines
are not a limiting factor in determining whether a facility qualifies
for a general permit so we did not find monthly limits necessary. We
request comment on whether to distinguish the amount of fuel use based
on ozone attainment status, or whether we should set one usage limit
within the stated range for both attainment and nonattainment areas.
The simplicity of a single usage limit may outweigh the benefits of the
flexibility of offering varying limits.
2. Setback Requirement
    The draft general permits require HMA and SQCS facilities to locate
at least 150 feet from the nearest property boundary and 1,000 feet
from the nearest residence. These requirements are beyond the
requirements in the EPA's 40 CFR parts 60, 61, and 63 regulations
affecting these source categories. Nonetheless, the states of
Washington \25\ and Alaska \26\ include setback provisions in their
general permits for this source category. We believe that these
requirements will minimize the impact of emissions from these sources
on localized air quality. We request comment on whether we should
include these setback requirements in the final permits to provide
additional protection against adverse impacts to local air quality. In
addition, we request comment on whether there are other neighboring
types of buildings from which the setback should apply (e.g., schools,
nursing homes) and whether to require these facilities to use physical
markers on their property to show compliance with the setback
requirements.
---------------------------------------------------------------------------

    \25\ The setback requirement in the Washington's general permit
is based on dispersion modeling for rock crushing facilities with a
high rock throughput rate. For more information, go to: https://fortress.wa.gov/ecy/publications/summarypages/ecy070237.html.
    \26\ For information on Alaska's setback requirements, go to:
http://dec.alaska.gov/air/ap/docs/General%20Permit%20Application%20for%20Asphalt%20Plants%2004-12-12.pdf.
---------------------------------------------------------------------------

3. Authorizing Multiple Locations
    HMA facilities and SQCS facilities often operate as portable
stationary sources. A facility will locate in a single area for a
specified period of time and then disassemble and relocate to another
area. We structured both draft general permits to accommodate
relocation of a facility. A source may identify multiple sites of
operation in its request for coverage. The reviewing authority will
consider the request for each location, and will specify approval of
one or more of these locations in the approval of the request for
coverage. If the reviewing authority does not approve a specific
location, then the source will need to reapply for coverage under the
general permit or for a site specific permit before relocating to this
site. The general permits also require a source to submit a
notification to the reviewing authority each time it relocates to a
pre-approved site. We request comment on the use of these general
permits to authorize relocation of a facility to pre-approved site
locations. In addition, because these two types of facilities can co-
locate at the same site, we seek comment on whether we should issue
general permits that cover both source categories within one permit, in
lieu of two separate permits, or in addition to two separate permits.
If we finalize such an approach, we propose to include all the
requirements proposed for the separate permits in a single permit, but
we seek comment on whether the combined permit should include any
additional or different requirements.
4. Spark-Ignition Engines
    The draft general permits for both HMA and SQCS facilities include
control measures for a number of different engine types. We did not
include spark-ignition engine control measures in either general
permit, because we do not believe that HMA or SQCS facilities commonly
use these types of engines, and, as we discuss above, we precluded use
of any fuel other than diesel or biodiesel in stationary internal
combustion engines. We request comment on this conclusion. If
commenters indicate that spark ignition engines should be regulated
under the general permits, then we may include emission limitations
comparable to the levels established for other type of engines in the
final general permits.

D. Auto Body Repair and Miscellaneous Surface Coating Operations

1. What is an auto body repair and miscellaneous surface coating
operation?
    An auto body shop repairs, repaints, and/or customizes passenger
cars, trucks, vans, motorcycles, and other mobile equipment capable of
being driven or drawn on the highway. Auto body refinishing shops
involve cleaning the auto body surface to ensure proper adhesion of the
coating, priming and sealing the surface, applying a topcoat, and
cleaning of the spray equipment. Coating application equipment includes
preparation stations, spray booths, spray guns, and spray gun cleaning
equipment. Some facilities are equipped with heating units to heat the
air in the drying booth or to maintain a constant shop temperature
during cold months. The majority of these operations occur at small
body shops that repair and refinish automobiles. The activities include
sanding, cleaning, spray-applying coating, and cleaning spray
equipment, all of which may release pollutants into the air.

    Miscellaneous surface coating operations are those that involve the
spray application of coatings to miscellaneous parts and/or products
made of metal or plastic, or combinations of metal and plastic. These
activities include:
     Paint stripping for the removal of dried paint (including,
but not limited to, paint, enamel, varnish, shellac, and lacquer) from
wood, metal, plastic, and other substrates;
     Spray application of coatings to motor vehicles and mobile
equipment including operations that are located in stationary
structures at fixed locations, and mobile repair and refinishing
operations that travel to the customer's location; and
     Spray application of coatings to a plastic and/or metal
substrate on a part or product, except spray coating applications that
meet the definition of facility maintenance or space vehicle.
    The coating application operations include washes, primers, primer
surfacers, primer sealers, and topcoats. Coatings are applied using a
hand-held device that creates an atomized mist of coating and deposits
the coating on assembled motor vehicles and mobile equipment.
    The pollutants of concern for auto body repair and surface coating
operations are VOCs and hazardous air pollutants (HAP) from the use of
solvents and coatings. Particulate matter emissions are also emitted
from spray coating operations. Paints, coatings, and the solvents used
for paint gun clean-up are the main sources of VOCs in auto body shops.
Emissions are typically controlled through use of lower-VOC coatings,
increased transfer efficiency of spray guns, minimizing solvent
evaporation during clean-up and other best practices, such as closing
all containers of painting materials immediately after use. Particulate
matter emissions are also emitted from spray coating operations.
Because spray coating operations are normally performed in enclosed
spray booths and controlled by dry filters or other equivalent control
devices, PM emissions from spray coating operations are not significant
if the spray booths and the associated control devices are operated
properly. If a facility contains fuel combustion heating units, there
are associated combustion emissions from those units.
    Coatings processes also include degreasing. Solvent degreasing (or
solvent cleaning) is the physical process of using organic solvents to
remove grease, fats, oils, wax or soil from various metal, glass, or
plastic items. The types of equipment used in this method are
categorized as cold cleaners, open top vapor degreasers, or
conveyorized degreasers. The general permit only allows for the use of
cold cleaners that are batch loaded and non-boiling solvent degreasers.
These processes usually provide the simplest and least expensive method
of metal cleaning. Maintenance cold cleaners are smaller, more
numerous, and generally use petroleum solvents such as mineral spirits
(petroleum distillates and Stoddard solvents). Manufacturing cold
cleaners use a wide variety of solvents, which perform more specialized
and higher quality cleaning with about twice the average emission rate
of maintenance cold cleaners. Some cold cleaners can serve both
purposes.
    Cold cleaner operations include spraying, brushing, flushing, and
immersion. In a typical maintenance cleaner, dirty parts are cleaned
manually by spraying and then soaking in the tank. After cleaning, the
parts are either suspended over the tank to drain or are placed on an
external rack that routes the drained solvent back into the cleaner.
The cover is intended to be closed whenever parts are not being
processed in the cleaner. Typical manufacturing cold cleaner operations
vary widely in design, but there are two basic tank designs: the simple
spray sink and the dip tank. Of these, the dip tank provides more
thorough cleaning through immersion, and often is made to improve
cleaning efficiency by agitation. Small cold cleaning operations may be
numerous in urban areas.
2. What is in the proposed auto body repair and miscellaneous surface
coating operations general permit?
    This proposed general permit would apply to the construction of
new, true minor source auto body repair and miscellaneous surface
coating facilities or the modification of existing, true minor source
facilities, located in Indian country. Surface coating facilities that
are major sources under 40 CFR part 63, and are subject to the
requirements of certain National Emission Standards for Hazardous Air
Pollutants (NESHAP),\27\ are not eligible for coverage under this
general permit.\28\ The Maximum Achievable Control Technology (MACT)
standards in these regulations cover a wide array of surface coating
operations, each with a different set of emission standards for the
various coatings typically used by the particular source category, some
of which may require add-on controls. Creating a general permit that
covers all of these surface coating operations--as required by 40 CFR
49.154(c)(4)--would be cumbersome and likely create a general permit
that would be confusing to the permittee. We believe auto body repair
and miscellaneous surface coating operations are a typical type of true
minor surface coating operation such that it is a good candidate for a
general permit.
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    \27\ The relevant NESHAPs are: Subpart II--National Emission
Standards for Hazardous Air Pollutants: Shipbuilding and Ship
Repair; Subpart IIII--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks;
Subpart KKKK--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Metal Cans; Subpart MMMM--National
Emission Standards for Hazardous Air Pollutants for Surface Coating
of Miscellaneous Metal Parts and Products; Subpart NNNN--National
Emission Standards for Hazardous Air Pollutants: Surface Coating of
Large Appliances; Subpart OOOO--National Emission Standards for
Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics
and Other Textiles
    Subpart PPPP--National Emission Standards for Hazardous Air
Pollutants for Surface Coating of Plastic Parts and Products;
Subpart QQQQ--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Wood Building Products; Subpart
RRRR--National Emission Standards for Hazardous Air Pollutants:
Surface Coating of Metal Furniture; and Subpart SSSS--National
Emission Standards for Hazardous Air Pollutants: Surface Coating of
Metal Coil.
    \28\ Due to the surface coating-related requirements in a
NESHAP, it is possible that a source could be a major source for
HAPs but a minor source for regulated NSR pollutants. However, for
simplicity, we are proposing to exclude major HAP sources.
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    We request comment on limiting eligibility of the general permit to
true minor sources that are not major sources of HAP, or whether there
are any terms or conditions we could add to the final permit that would
ensure both compliance with the general permit and with the MACT
standards.
    The draft permit requires that all spray applications of coatings
must be performed using high efficiency spray guns in a spray booth
controlled by exhaust filters. We assumed that only batch-loaded cold
cleaning degreasers were used at these types of facilities. The
requirements for cold solvent degreasing include several work practice
standards to ensure VOC emissions are minimized, including: keeping the
degreaser cover closed at all times, except during parts entry and
removal; the degreaser should be free of cracks, holes and other
defects; all waste solvents must be properly stored and identified in
sealed containers; and solvent flow must be directed downward.
    The proposed permit includes monitoring that is sufficient to
assure compliance with the emission limitations that apply to the
source, including requiring monitoring for overspray, assuring that
pressure drop

across the exhaust filters does not exceed manufacturers'
recommendations and inspecting solvent degreasers for leaks and cracks
prior to use. The proposed permit includes recordkeeping and reporting
sufficient to assure compliance with the emission limitations and
monitoring requirements.
3. Request for Comment on the Proposed Auto Body Repair and
Miscellaneous Surface Coating Operations General Permit
    We request comment on all aspects of the general permit for auto
body repair and miscellaneous surface coating operations. We
specifically request comment in the following two areas:
(a) Surrogate Annual Allowable Emission Limitations
    The EPA is also proposing to include an annual allowable emission
limitation for auto body repair and miscellaneous surface coating
operations source category. This general permit would apply to the
construction of new facilities proposing to locate in Indian country or
the modification of existing auto body repair and miscellaneous surface
coating operations located in Indian country. In attainment areas of
Indian country, the draft general permit includes an upper throughput
limit for VOC containing materials (e.g., coatings, thinners, and
clean-up solvents) not to exceed 5,000 gallons per year (gpy) based on
a 12-month rolling total. This surrogate emission limitation equates to
approximately 25 tpy or less of VOCs.\29\ In ozone nonattainment areas
of Indian country, the draft general permit includes an upper
throughput limit for VOC containing materials (e.g., coatings,
thinners, and clean-up solvents) not to exceed 900 gpy based on a 12-
month rolling total. This surrogate emission limitation equates to 7
tpy or less of VOCs.\30\ Finally, we request comment on the
appropriateness of establishing different limitations based on the
attainment status of the area and whether the specified limitations
should be slightly higher or slightly lower.
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    \29\ Information on the source of these thresholds is available
at: Background Document, Minor Source Auto Body Repair and
Refinishing Shops General Permit and Permit by Rule, Docket ID No.
EPA-HQ-OAR-2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
    \30\ Information on the source of these thresholds is available
at: Background Document, Minor Source Auto Body Repair and
Refinishing Shops General Permit and Permit by Rule, Docket ID No.
EPA-HQ-OAR-2011-0151, http://www.epa.gov/air/tribal/tribalnsr.html.
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(b) Covering Both Auto Body Repair and Miscellaneous Surface Coating
Operations
    As currently structured, both auto body repair shops and
miscellaneous surface coating operations are eligible to apply for
coverage under the general permit. We think these types of emissions
activities qualify as similar sources because (1) they both use the
same type of equipment (such as spray guns) and materials (such as
paint) that have similar forms of emissions with a similar overall
emissions potential and (2) they use similar approaches to minimizing
emissions. We request comment on treating these emissions activities as
similar sources and on regulating both activities within the same
general permit.

E. GDFs

1. What is a GDF?
    A GDF is any stationary facility that dispenses gasoline into the
fuel tank of a motor vehicle, nonroad vehicle or equipment, including a
nonroad vehicle or nonroad engine used solely for competition.\31\ It
should also be noted that a GDF could also include equipment that
dispenses diesel fuel (diesel is discussed further below). Furthermore,
a GDF could be an operation supporting other activities at a facility
that otherwise requires a permit.\32\
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    \31\ A more formal regulatory definition of GDF can be found at
40 CFR 63.11132.
    \32\ Under the general permit and permit by rule programs, such
a source would be considered a minor source and potentially eligible
for the permit provided the PTE of all existing, new and modified
emission units at the stationary source were below the major source
thresholds for all regulated NSR pollutants.
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    Gasoline is delivered by tank trucks to GDFs and then transferred
to highway motor vehicles and nonroad equipment and engines. GDFs
include all retail outlets such as traditional gasoline service
stations, convenience stores, truck stops, and hypermarkets (e.g.,
warehouse clubs and big box stores), marinas, as well as private and
commercial outlets, such as centrally-fueled fleets, government
operations, and private businesses such as farms and landscaping
operations. This does not include airports offering aviation gasoline
or mobile fueling capabilities.
    Gasoline vapors are released during the transfer of gasoline from
tank trucks to stationary gasoline storage tanks and during the
refueling of vehicles and equipment.\33\ Gasoline vapors are the major
air pollution concern associated with gasoline dispensing and handling
facilities because they contain VOCs and HAPs such as aromatic
compounds and isooctane.\34\
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    \33\ Some vapors can also be released due to spillage by vehicle
operators as vehicles are fueled.
    \34\ For more information, go to: http://www.epa.gov/ttn/chief/eiip/techreport/volume03/iii11_apr2001.pdf.
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    The EPA's emissions factor document, AP-42, has traditionally
divided VOC emissions from GDFs into two basic segments of operation:
Stage I and Stage II.\35\ Stage I generally refers to the transfer of
gasoline from the delivery truck to the aboveground storage tank (AST)
or underground storage tank (UST). Fuel storage tanks are generally,
but not always, cylindrical in shape, and vary in volume from 250
gallons (approximately 1,000 liters) to 30,000 gallons. Volumes of 250
to 1,000 gallons are most common for ASTs and 6,000 to 12,000 gallons
are most common USTs. Stage II refers to gasoline in storage in these
tanks and/or its transfer to a vehicle or equipment fuel tank through a
pump and dispenser.
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    \35\ For more information, go to: AP 42, Fifth Edition, Volume
I, Chapter 5: Petroleum Industry; U.S. Environmental Protection
Agency; http://www.epa.gov/ttn/chief/ap42/ch05/index.html.
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    VOC emissions control technology exists and is required for Stage I
and Stage II operations. Stage I vapor recovery is a control method to
capture gasoline vapors that are released when gasoline is delivered by
a tank truck to a storage tank located at a GDF. Instead of being
released to the air, the gasoline vapors from filling the tank are
captured and returned to the tank truck as the storage tank is being
filled with fuel. From there, the vapors are transported back to the
gasoline terminal vapor processor for recovery or destruction. Because
of the GDF NESHAP requirements (found at 40 CFR part 63, Subpart
CCCCCC), all GDFs dispensing more than 1,200,000 gpy were required to
have Stage I controls in place in January 2011, with lesser
requirements in the same timeframe for GDFs with gasoline throughputs
between 120,000 gpy and 1,200,000 gpy.\36\ Stage I controls were
commonly in place at many larger throughput GDFs prior to 2000. There
are no such requirements for diesel fuel.
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    \36\ Certified vapor recovery systems include hoses, nozzles,
processors, and other equipment that create a closed system which
returns gasoline vapor back to the underground storage tank and then
back to the truck that delivers the gasoline to your station. The
system and equipment are designed to capture vapor before it is
released to the air.
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    Stage II vapor recovery captures gasoline vapor that would
otherwise escape into the air when motorists refuel their vehicles.
Section 182(b)(3) of the CAA, 42 U.S.C. 7511a(b)(3), required pump-
based Stage II vapor recovery for some GDFs located in

``moderate'' or above ozone nonattainment areas. Section 202(a)(6) of
the CAA, 42 U.S.C. 7521(a)(6), required the EPA to develop standards
for vehicle-based onboard vapor recovery (ORVR) controls on light-duty
vehicles to capture these emissions. Section 202(a)(6) of the CAA also
states that the section 182(b)(3) pump-based Stage II requirement shall
not apply in moderate nonattainment areas after ORVR standards are
promulgated, but would be required for serious, severe, or extreme
ozone nonattainment areas.\37\ On April 16, 1994, the EPA published
regulations requiring the phase-in of ORVR controls on new passenger
cars and light trucks.\38\ These controls were required on all new
gasoline-powered motor vehicles, not just those in ozone nonattainment
areas.
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    \37\ For more information, see: ``Widespread Use for Onboard
Refueling Vapor Recovery and Stage II Waiver,'' U.S. Environmental
Protection Agency, 77 FR 28772, May 16, 2012, http://www.gpo.gov/fdsys/pkg/FR-2011-07-15/html/2011-17888.htm. The rulemaking
documents and supporting analyses are available at EPA public docket
EPA-HQ-OAR-2010-1076.
    \38\ These requirements were ultimately extended to all complete
heavy-duty gasoline-powered vehicles (HDGVs) with a gross vehicle
weight rating (GVWR) less than 10,000 pounds and have recently been
proposed to extend to all complete HDGVs with a GVWR up to 14,000
pounds.
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    In addition, the CAA provides that the EPA may revise or waive the
pump-based Stage II control requirements of section 182(b)(3) for
serious or above ozone nonattainment areas after the EPA determines
that ORVR control systems are in ``widespread use'' throughout the
motor vehicle fleet. The EPA has determined that vehicle-based ORVR
refueling emission control systems were in widespread use in the motor
vehicle fleet as of May 9, 2012.\39\ This determination triggered the
provision of section 202(a)(6) of the CAA, which waives the section
182(b)(3) Stage II requirement for serious or above ozone nonattainment
areas. Under this waiver, states are no longer required to have pump-
based Stage II vapor recovery systems for control of vehicle refueling
emissions under section 182 (b)(3).\40\
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    \39\ ``Widespread Use for Onboard Refueling Vapor Recovery and
Stage II Waiver,'' U.S. Environmental Protection Agency, 77 FR
28772, May 16, 2012, http://www.gpo.gov/fdsys/pkg/FR-2012-05-16/html/2012-11846.htm.
    \40\ If a state submits a State Implementation Plan (SIP)
revision to remove Stage II requirements from a previously approved
SIP, it would need to demonstrate that the revision meets the
requirements of sections 110(l) of the CAA as well as sections 193
and 184(b)(2), if applicable.
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2. What impact will the GDF National Emissions Standard for Hazardous
Air Pollutants and onboard refueling vapor recovery control systems
have on emissions from GDFs?
    The GDF NESHAP and ORVR controls have a significant impact on
lowering the VOC emissions levels from GDFs. GDF NESHAP requirements
address Stage I emissions for all but the lowest throughput GDFs. ORVR
controls and the gasoline dispensing rate limits which the EPA put in
place in 1996 have significantly reduced the VOC emission rates. When
fully phased-in, ORVR will reduce Stage II vapor displacement emissions