[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70944-70966]
[FR Doc No: 2016-23178]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2011-0151; FRL-9952-86-OAR]
RIN 2060-AR98

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing
general permits for use in Indian country pursuant to the Federal Minor
New Source Review (NSR) Program in Indian Country for new or modified
minor sources in the following six source categories: concrete batch
plants; boilers and emergency engines; stationary spark ignition
engines; stationary compression ignition engines; graphic arts and
printing operations; and sawmill facilities.

DATES: This final rule is effective on November 14, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0151. All documents in the docket are
listed in the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 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>
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. Where can I get a copy of this document and other related
information?
II. Overview of the Final Rule
III. Background
    A. Federal Minor New Source Review Program in Indian Country
    B. General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country--Proposed Rule
IV. Final Rulemaking Action
    A. Permitting Documents and Implementation Tools
    B. Issues Concerning Aspects of Finalizing a General Permit/
Permit by Rule for Graphic Arts and Printing Operations
    C. Proposed Rule Change to the Federal Indian Country Minor New
Source Review Rule in One Area: Shortening the General Permit
Application Review Process From 90 to 45 Days for Graphic Arts and
Printing Operations
    D. Control Technology Review
    E. Setback Requirements
    F. Requirements Relating to Threatened or Endangered Species and
Historic Properties
    G. Use of Throughput Limits and Capacity Limits
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final action consist of
owners and operators of facilities included in the following source
categories that are located, or planning to locate, in an Indian
reservation or in another area of Indian country (as defined in 18
U.S.C. 1151) over which an Indian tribe, or the EPA, has demonstrated
that the tribe has jurisdiction where there is no EPA-approved program
in place and that are subject to the requirements of the Federal Indian
Country Minor NSR rule.

                       Table 1--Source Categories
------------------------------------------------------------------------
                                      North
                                    American
      Industry categories           industry      Examples of regulated
                                 classification         industries
                                    categories
------------------------------------------------------------------------
Boilers and Emergency Engines..              11  Agriculture,
                                                  Greenhouses.
                                           2211  Electric Power
                                                  Generation.
                                            321  Wood Product
                                                  Manufacturing (Except
                                                  Sawmill Facilities).

                                            311  Food Manufacturing.
                                            327  Nonmetallic Mineral
                                                  Product Manufacturing
                                                  (Except Ready-Mix
                                                  Concrete).
                                            424  Wholesale Trade,
                                                  Nondurable Goods.
                                         611110  Elementary and
                                                  Secondary Schools.
                                         611210  Junior Colleges.
                                         611310  Colleges, Universities
                                                  and Professional
                                                  Schools.
                                             62  Health Care and Social
                                                  Assistance.
                                         721120  Casino Hotels.
                                         813110  Religious
                                                  Organizations.
                                             92  Public Administration.
Concrete Batch Plants..........          327320  Concrete Batch Plants
                                                  (including temporary).
                                         327320  Central-Mixed Concrete
                                                  Manufacturing.
                                         327320  Truck-Mixed Concrete
                                                  Manufacturing.
                                         327320  Transit-Mixed Concrete
                                                  Manufacturing.
                                         327320  Ready-Mix Concrete
                                                  Manufacturing and
                                                  Distribution.
                                         327331  Concrete Manufacturing:
                                                  All Types of Blocks
                                                  and Bricks.
                                         327332  Concrete Manufacturing:
                                                  All Types of Pipes and
                                                  Conduit.
                                         327390  Concrete Block and
                                                  Brick.
Engines........................          622110  Medical and Surgical
                                                  Hospitals.
                                           2211  Electric Power
                                                  Generation,
                                                  Transmission and
                                                  Distribution.
Graphic Arts and Printing......          323111  Printing: Flexographic,
                                                  Rotogravure, Gravure,
                                                  Letterpress,
                                                  Lithographic, Digital.
                                         323113  Commercial Printing,
                                                  Newspapers, Print
                                                  Shops.
                                         323117  Printing Books.
Sawmill Facilities.............          321113  Sawmill Facilities.
------------------------------------------------------------------------

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

B. 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 final rule is posted on the tribal minor NSR home page at https://www.epa.gov/tribal-air/tribal-minor-new-source-review.

II. Overview of the Final Rule

    In July 2011, the EPA issued the Federal Minor NSR Program in
Indian Country rule \1\ 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 3 years from the
effective date of the Federal Indian Country Minor NSR rule (September
2, 2014), an owner or operator must obtain a preconstruction permit
from the Reviewing Authority,\2\ if the owner or operator intends to
construct a new true minor source \3\ or modify an existing true minor
source in Indian country. The rule also specifies the process and
requirements for using general permits as a streamlined permitting
approach to authorize construction and modification of 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.
---------------------------------------------------------------------------

    \1\ ``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.
    \2\ In this document, Reviewing Authority refers to an EPA
Regional office. However, tribes can become reviewing authorities if
they decide to assist the EPA with implementing the minor NSR
program in their area through a delegation agreement.
    \3\ 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 (PSD) program at 40 CFR 52.21, or the
Major NSR program for Nonattainment Areas in Indian Country at 40
CFR 49.166-49.173, but equal to or greater than the minor NSR
thresholds in 40 CFR 49.153, without the need to take an enforceable
restriction to reduce its Potential to Emit (PTE) to such levels.
The PTE includes fugitive emissions, to the extent that they are
quantifiable, only if the source belongs to one of the 28 source
categories listed in part 51, appendix S, paragraph II.A.4(iii) or
40 CFR 52.21(b)(1)(iii), as applicable.
---------------------------------------------------------------------------

    In this action, the EPA is finalizing general permits for the
following six source categories for the permitting of affected
emissions units and emissions-generating activities: concrete batch
plants; boilers and emergency engines; stationary spark ignition
engines; stationary compression ignition engines; graphic arts and
printing operations; and sawmill facilities. We are providing the
following implementation documents and tools for all of the permits we
are finalizing today: questionnaires; instructions; potential to emit
(PTE) calculators; background documents; and Request for Coverage Forms
(applications). For all of these permits, the implementation tools and
documents are available at either: https://www.epa.gov/tribal-air/tribal-minor-new-source-review or Docket ID No. EPA-HQ-OAR-2011-0151.
    Five prior actions are also relevant to this action. First, in a
final rulemaking signed May 22, 2014, and published June 16, 2014,\4\
the EPA amended the

Federal Minor New Source Review Program in Indian Country rule by
finalizing the following three actions:
---------------------------------------------------------------------------

    \4\ ``Review of New Sources and Modifications in Indian Country
Amendments to the Registration and Permitting Deadlines for True
Minor Sources,'' U.S. Environmental Protection Agency, 79 FR 34231,
June 16, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf.
---------------------------------------------------------------------------

    1. Extending the minor NSR permitting deadline for true minor
sources in the oil and natural gas sector located, or planning to
locate, in Indian country (Sec.  49.151(c)(1)(iii)(B));
    2. Adjusting the registration deadline to conform to the extended
permitting deadline for true minor sources in the oil and natural gas
sector (Sec. Sec.  49.151(c)(1)(iii)(A) and 49.160(c)(1)(ii) and
(iii)); and
    3. Eliminating a requirement for all true minor sources that begin
construction before September 2, 2014, and are eligible to construct
pursuant to a general permit, to obtain a minor NSR permit 6 months
after the EPA publishes the relevant general permit. No general permits
had been finalized by the date 6 months prior to September 2, 2014, so
the provision was moot (Sec.  49.151(c)(1)(iii)(B)).
    Second, on May 1, 2015, the EPA published a final rule, ``General
Permits and Permits by Rule for the Federal Minor New Source Review
Program in Indian Country for Five Source Categories,'' to simplify the
Clean Air Act (CAA) permitting process for certain smaller sources of
air pollution commonly found in Indian country.\5\ In the action, the
EPA finalized general permits for use in Indian country for new or
modified minor sources in the following two source categories: hot mix
asphalt plants and stone quarrying, crushing and screening facilities.
The EPA also finalized permits by rule for use in Indian country for
new or modified minor sources in three source categories: auto body
repair and miscellaneous surface coating operations; gasoline
dispensing facilities; and petroleum dry cleaning facilities. The EPA
also took final action authorizing the use of general permits
established under the program to create synthetic minor sources.
---------------------------------------------------------------------------

    \5\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country for Five Source
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
---------------------------------------------------------------------------

    Third, on September 18, 2015, the EPA proposed a federal
implementation plan (FIP) \6\ that would apply to new true minor
sources and minor modifications at existing true minor sources in the
production segment of the oil and natural gas sector that are locating
or expanding in Indian reservations or in other areas of Indian country
over which an Indian tribe, or the EPA, has demonstrated the tribe's
jurisdiction. The FIP was proposed to satisfy the minor source
permitting requirement under the Federal Indian Country Minor NSR rule.
---------------------------------------------------------------------------

    \6\ ``Review of New Sources and Modifications in Indian Country:
Federal Implementation Plan for Managing Air Emissions from True
Minor Sources Engaged in Oil and Natural Gas Production in Indian
Country,'' U.S. Environmental Protection Agency, 81 FR 56554,
September 18, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.
---------------------------------------------------------------------------

    Fourth, on February 24, 2016, we finalized three amendments to the
Federal Indian Country Minor NSR rule that we proposed in our September
18, 2015, proposal, along with the FIP:
    1. We revised the deadline under Sec.  49.151(c)(1)(iii)(B) by
which new and modified true minor sources in the oil and natural gas
sector that are located in (or planning to locate in) reservation areas
of Indian country or other areas of Indian country for which tribal
jurisdiction has been demonstrated must obtain a minor NSR permit prior
to beginning construction. We extended the deadline from March 2, 2016,
to October 3, 2016, for all new and modified true minor sources within
the oil and natural gas sector located in Indian country.
    2. We revised Sec.  49.151(c)(1)(iii)(A) to conform the
registration deadline to the extended permitting deadline in Sec.
49.151(c)(1)(iii)(B).
    3. We revised Sec.  49.160(c)(1)(ii) to conform the registration
deadline to the extended permitting deadline in Sec.
49.151(c)(1)(iii)(B).
    Finally, on June 3, 2016, the EPA published the final FIP for true
minor sources in the oil and natural gas sector (and associated
amendments to the Federal Indian Country Minor NSR rule).\7\ The final
FIP applies to the true minor sources in Indian country engaged in the
oil and natural gas production and natural gas processing segments of
the oil and natural gas sector.
---------------------------------------------------------------------------

    \7\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
---------------------------------------------------------------------------

III. Background

A. Federal Minor New Source Review Program in Indian Country

1. What is the Federal Indian Country minor NSR rule?
    On August 21, 2006, the EPA proposed the regulation: ``Review of
New Sources and Modifications in Indian Country'' (i.e., Indian Country
NSR rule).\8\ Within this regulation, the EPA proposed to protect air
quality in Indian country by establishing a FIP program to regulate the
modification and construction of minor stationary sources consistent
with the requirements of section 110(a)(2)(c) of the CAA. (The proposal
also included a major source NSR program for areas of Indian country
designated as nonattainment.) The minor source part of the program is
officially titled Federal Minor New Source Review Program in Indian
Country, but we generally refer to it as the Federal Indian Country
Minor NSR rule. Under the Federal Indian Country Minor NSR rule, we
proposed to fill a regulatory gap and to provide a mechanism for
issuing preconstruction permits for the construction of new minor
sources and minor modifications at major and minor sources in Indian
country. We promulgated final rules on July 1, 2011,\9\ and the FIP
became effective on August 30, 2011.
---------------------------------------------------------------------------

    \8\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 71 FR 48696, August
21, 2006, https://www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06-6926.htm.
    \9\ ``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.
---------------------------------------------------------------------------

    The Federal 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 \10\ where
there is no EPA-

approved program in place. Beginning September 2, 2014, any new
stationary sources that will emit, or will have the potential to emit,
a regulated NSR pollutant in amounts that will be: (1) Equal to or
greater than the minor NSR thresholds established in the Federal Indian
Country Minor NSR rule; and (2) less than the amount that would qualify
the source as a major source or a major modification for purposes of
the PSD Program or nonattainment major NSR, must apply for and obtain a
minor NSR permit before beginning construction of the new source.
---------------------------------------------------------------------------

    \10\ The Federal Indian Country Minor NSR rule defines ``Indian
country'' to include three categories of lands consistent with 18
U.S.C. 1151, i.e., Indian reservations, dependent Indian
communities, and Indian allotments. The U.S. Court of Appeals for
the District of Columbia Circuit vacated the rule with respect to
non-reservation areas of Indian country (i.e., dependent Indian
communities and Indian allotments) (Oklahoma Dept. of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The court held that
the state, not tribes or the EPA, has initial primary responsibility
for implementation plans under CAA section 110 in non-reservation
areas of Indian country in the absence of a demonstration of tribal
jurisdiction by the EPA or a tribe. The rule, therefore, does not
apply in non-reservation areas of Indian country unless a tribe or
the EPA has demonstrated that a tribe has jurisdiction in a
particular non-reservation area of Indian country.
---------------------------------------------------------------------------

    Likewise, any existing stationary source (minor or major) must
apply for and obtain a minor NSR permit before beginning construction
of a physical or operational change that will increase the allowable
emissions of the stationary source by more than the specified minor
source threshold amounts, if the change does not otherwise trigger the
permitting requirements of the PSD or nonattainment major NSR
program(s).\11\
---------------------------------------------------------------------------

    \11\ 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 Federal
Indian Country Minor NSR Program and the ``reasonable possibility''
MRR requirements of the major NSR program(s).
---------------------------------------------------------------------------

    Among other things, the Federal 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.
2. What is a true minor source and how does it differ from a synthetic
minor source?
    ``True minor source'' under the Federal Indian Country Minor NSR
rule means a source that emits, or has the PTE, 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 49.166-49.173, 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. A source's 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. By
contrast, ``synthetic minor source'' means a source that otherwise has
the PTE 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.
3. What is a general permit?
    The Federal Indian Country Minor NSR rule specifies 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 permitting 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 source-specific permitting process.
---------------------------------------------------------------------------

    \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 Federal Indian Country Minor NSR rule contemplated
issuance of general permits by the EPA Regional offices, we have
determined, for the permits we are finalizing here, that a nationwide
action is appropriate. Through this action, we are finalizing general
permits to serve as preconstruction permit authorizations that contain
emission limitations and other restrictions to govern how specified
sources construct, modify and operate.

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

1. What was in the proposed rule?
    On July 17, 2014, the EPA published a proposed rule, ``General
Permits and Permits by Rule for the Federal Minor New Source Review
Program in Indian Country,'' to simplify the CAA permitting process for
certain smaller sources of air pollution commonly found in Indian
country.\13\ The proposed action was intended to facilitate the
implementation of the Federal Indian Country Minor Source NSR rule
issued by the EPA in July 2011 in a manner that minimized the
administrative and time burden associated with the permitting process,
while at the same time adequately protecting air quality in Indian
country.
---------------------------------------------------------------------------

    \13\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country,'' U.S. Environmental
Protection Agency, 79 FR 41846, July 17, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014-16814.pdf.
---------------------------------------------------------------------------

    As its preferred approach, the EPA made available draft general
permits for use in Indian country pursuant to the Federal Indian
Country Minor NSR rule for new or modified true minor sources in the
following six source categories: Concrete batch plants; boilers;
stationary spark ignition engines; stationary compression ignition
engines; graphic arts and printing operations; and sawmill facilities.
In the alternative, the EPA also proposed a permit by rule for use in
Indian country for new or modified true minor sources in one of the six
source categories: graphic arts and printing operations.
    We requested comment on the following areas:
    1. All aspects of the permit documents and implementation tools for
the six source categories:
     Concrete batch plants;
     Boilers; \14\
---------------------------------------------------------------------------

    \14\ In the proposal for this action (79 FR 41846, July 17,
2014), the title for the source category for boilers did not include
emergency engines; in this final rule, we are adding emergency
engines to the source category title so that it encompasses boilers
and emergency engines.
---------------------------------------------------------------------------

     Stationary spark ignition engines;
     Stationary compression ignition engines;
     Graphic arts and printing operations; and
     Sawmill facilities;
    2. The appropriateness of using a streamlined general permit/permit
by rule application for one source category: graphic arts and printing
operations;
    3. Various aspects of the EPA's conclusion on its control
technology review that the measures in the draft/proposed permits are
technically and economically feasible and cost effective because they
are currently used by similar sources in other areas of the country;
    4. Setback requirements, which are provisions related to the
location of the emitting activities and the source property boundary
and certain nearby structures;
    5. The process for sources to address threatened or endangered
species and historic properties with respect to the six categories in
the proposal;
    6. Use of throughput limits and capacity limits as surrogates for
tons per

year (tpy) allowable emission limitations, or, alternatively,
establishment of annual allowable emission limitations for each
pollutant, and the use of throughput limits as surrogate monitoring
measures to demonstrate compliance with tpy annual allowable emission
limitations;
    7. Finalizing both permitting mechanisms for graphic arts and
printing operations by providing authorization to construct or modify
true minor sources in this category via permits by rule and by
providing enforceable limitations to create synthetic minor sources in
this category via general permits; and
    8. A proposed rule change to the Federal Indian Country Minor NSR
rule: shortening the general permit application review process from 90
to 45 days for graphic arts and printing operations.

IV. Final Rulemaking Action

    This section outlines the major areas where we sought comment in
the July 17, 2014, proposal, highlights our responses to major comments
received and describes our final action. We received 11 comments from
industry (or their representatives), 12 comments from tribes (or their
representatives), 1 comment from a local air quality agency and 1
comment from a state environmental agency. The Response to Comments
(RTC) Document can be found in docket EPA-HQ-OAR-2011-0151 and is
available online at: https://www.epa.gov/tribal-air/tribal-minor-new-source-review. It contains more detailed descriptions of the comments
we received and our responses to them.

A. Permitting Documents and Implementation Tools

1. Proposed Rule
    As our preferred approach, the EPA made available draft general
permits for use in Indian country pursuant to the Federal Indian
Country Minor NSR rule for new or modified minor sources in the
following six source categories: Concrete batch plants; boilers;
stationary spark ignition engines; stationary compression ignition
engines; graphic arts and printing operations; and sawmill facilities.
In the alternative, we also proposed a permit by rule for use in Indian
country for new or modified minor sources in the graphic arts and
printing operations source category. Overall, we sought comment on all
aspects of the permit documents and implementation tools for these
source categories. Specifically, Section VI of the July 17, 2014,
proposal provided a summary of the specific terms and conditions of the
general permits and indicated specific areas where we requested
comment.
2. Summary of Comments, Responses and Final Action
    The following sections provide an abbreviated summary of changes to
the implementation tools, as well as significant comments on the draft
general permits for the six source categories in this final rule and
our responses. Detailed responses to the comments on the permits and
related tools and documents are addressed in the RTC Document. In our
final action, based on comments, we have made substantive changes to
the terms and conditions of all of the draft permits and the related
implementation tools in several areas, including the following: setback
requirements; throughput limits; various control requirements; and
enhancements and clarifications to the implementation tools.
a. Overview of Changes to Permits and Implementation Tools
    In direct response to public comments (and upon further review), we
are revising the draft general permits and implementation tools in many
areas, including as follows:
    (1) Expanding the scope of the draft boilers general permit to
include emergency engines so that the final general permit is titled:
``General Air Quality Permit for New or Modified Minor Source Boilers
and Emergency Engines in Indian Country'';
    (2) Removing emissions limitations for emergency engines from the
general permits for the following three source categories: Sawmill
facilities, graphic arts and printing operations and concrete batch
plants, as discussed below with respect to the final engines general
permits (we did so because we expect that emergency engines that are
not located at sources covered by a general permit or permit by rule
that we have already developed, and that are not otherwise exempt
consistent with Sec.  49.153 of the Federal Indian Country Minor NSR
rule,\15\ will be located at a source with one or more boilers and,
thus, will be covered by the ``General Air Quality Permit for New or
Modified Minor Source Boilers and Emergency Engines in Indian
Country'');
---------------------------------------------------------------------------

    \15\ Under 40 CFR 49.153(c)(9), emergency generator engines at a
single source are ``exempt'' if the combined maximum horsepower (hp)
rating of all emergency generator engines is below 1,000 hp in
attainment areas or 500 hp in ozone nonattainment areas classified
as Serious or lower. If your source consists of only exempt
equipment, then you are not required to obtain a minor NSR permit.
---------------------------------------------------------------------------

    (3) Recalculating maximum capacity ratings for certain boilers in
the final ``General Air Quality Permit for New or Modified Boilers and
Emergency Engines in Indian Country'' based on non-greenhouse gas (GHG)
pollutants (e.g., nitrogen oxides (NOX)) to reflect the
change in GHG permitting requirements resulting from the U.S. Supreme
Court's June 23, 2014, ruling \16\ and to ensure minor source status
for eligible sources;
---------------------------------------------------------------------------

    \16\ In setting the permitting capacity limits in the draft
boilers general permit, the ``controlling'' regulated pollutant
considered in our evaluation was GHGs. This pollutant was regarded
as primarily a factor for units emitting higher levels of carbon
dioxide (CO2), a GHG. Therefore, the draft maximum
capacity ratings for certain size boilers were set for GHGs at
levels sufficiently low to keep eligible sources below the major
source permitting threshold of 100,000 tpy of CO2
equivalent. On June 23, 2014, the U.S. Supreme Court ruled that
sources are no longer required to obtain a PSD permit solely based
on their GHG emissions. This means that a source must trigger the
major source PSD permitting requirements for non-GHG pollutants,
either as a newly constructed source or as a modification at a major
source, in order to be subject to NSR Best Available Control
Technology (BACT) review for GHGs. Therefore, the minor sources
covered under the final ``General Air Quality Permit for New or
Modified Minor Source Boilers and Emergency Engines in Indian
Country'' can be required to obtain a permit based only on their
emissions of non-GHG pollutants.
---------------------------------------------------------------------------

    (4) Revising and reconfiguring control options for the following
three general permits to accommodate their use by sources seeking
synthetic minor status: ``General Air Quality Permit for New or
Modified Minor Source Spark Ignition Engines in Indian Country,''
``General Air Quality Permit for New or Modified Minor Source
Compression Ignition Engines in Indian Country'' and ``General Air
Quality Permit for New or Modified Minor Source Boilers and Emergency
Engines in Indian Country''; \17\
---------------------------------------------------------------------------

    \17\ This approach is consistent with the policy we finalized on
May 1, 2015, that allows for the use of general permits in Indian
country to create synthetic minor sources. ``General Permits and
Permits by Rule for the Federal Minor New Source Review Program in
Indian Country for Five Source Categories,'' U.S. Environmental
Protection Agency, 80 FR 25068, May 1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
---------------------------------------------------------------------------

    (5) Revising the titles of all six general permits in this action,
to make it clear that they are all available for true minor and
synthetic minor sources (including all of the implementation tools), by
removing the words ``true minor'' (and adding clarifying text to the
Request for Coverage Forms to reflect this expanded coverage of source
types);
    (6) Adjusting the definition of ``promptly'' for reporting
deviations under the final ``General Air Quality Permit for New or
Modified Boilers and Emergency Engines in Indian Country''

and the final ``General Air Quality Permit for New or Modified Concrete
Batch Plants in Indian Country'' to conform to the definition of this
term in the general permits that the EPA has already completed for hot
mix asphalt plants and stone quarrying, crushing and screening
facilities;
    (7) Adjusting the condition concerning the timing and location for
records retention in the final ``General Air Quality Permit for New or
Modified Concrete Batch Plants in Indian Country'' to conform to the
corresponding condition in the general permits the EPA has already
completed for hot mix asphalt plants and stone quarrying, crushing and
screening facilities;
    (8) Revising the general permit for sawmill facilities to
accommodate sources that may trigger the major source threshold for
hazardous air pollutants (HAPs) prior to reaching the 80 ton per year/
12-month rolling emission limits in the permit and that, thus, may need
to seek synthetic minor status for HAP emissions;
    (9) Revising the throughput limits in the final ``General Air
Quality Permit for New or Modified Minor Source Sawmill Facilities in
Indian Country'' to match the revised input data provided in the
sawmill facilities PTE calculator (from thousand board-feet (Mbf) to
wood log inputs expressed in tons);
    (10) Correcting the board-foot throughput limit in the ``General
Air Quality Permit for New or Modified Minor Source Sawmill Facilities
in Indian Country'' to reflect corrections made to the sawmill
facilities PTE calculator;
    (11) Adding a separate throughput limit to the final ``General Air
Quality Permit for New or Modified Minor Source Sawmill Facilities in
Indian Country'' for Serious PM10 (particulate matter equal
to or less than 10 microns in diameter) nonattainment areas and
PM2.5 (particulate matter equal to or less than 2.5 microns
in diameter) nonattainment areas;
    (12) Clarifying in the final ``General Air Quality Permit for New
or Modified Minor Source Sawmill Facilities in Indian Country'' that
gaseous and liquid-fueled auxiliary heaters up to 10 million British
thermal units per hour (MMBtu/hour) are allowed, separate from the 30
MMBtu/hr boiler limit, which can include solid fuels like biomass;
    (13) Revising the boiler and auxiliary heater capacity limits for
Severe and Extreme ozone nonattainment areas in the final ``General Air
Quality Permit for New or Modified Minor Source Sawmill Facilities in
Indian Country'' to allow for larger boiler capacity;
    (14) Adding a condition to the ``General Air Quality Permit for New
or Modified Minor Source Boilers and Emergency Engines in Indian
Country'' that restricts all emergency engines in Severe and Extreme
ozone nonattainment areas to units that are model year 2006 or later to
ensure the sources' emissions stay below major source levels;
    (15) Changing the permitting tools (e.g., background documents) for
the source categories to reflect changes made to permit requirements in
areas such as setbacks and treatment of emergency engines;
    (16) Retitling the implementation tools for the boilers and
emergency engines source category to match the change in the title of
the general permit;
    (17) Clarifying each of the implementation tools for the final
``General Air Quality Permit for New or Modified Minor Source Spark
Ignition Engines in Indian Country'' and the final ``General Air
Quality Permit for New or Modified Minor Source Compression Ignition
Engines in Indian Country'' to better identify the types of sources
likely to be eligible for these permits and to clarify the
requirements, including reflecting the removal of the emergency engines
provisions from these permits;
    (18) Removing the list of eligibility criteria at the front of the
questionnaires, to avoid confusion and redundancy with the eligibility
criteria provided in the Request for Coverage Forms;
    (19) Changing the instructions and questionnaires to reflect
changes made to the Request for Coverage Forms;
    (20) Revising the Request for Coverage Form for the final ``General
Air Quality Permit for New or Modified Minor Source Concrete Batch
Plants in Indian Country'' to:
     Clarify that the source may seek approval for multiple
locations and that additional locations may be added in the future; and
     Add a section allowing a source to list multiple source
locations in cases where a portable source is planning to relocate and
for which it wants Reviewing Authority approval;
    (21) Adding to the Request for Coverage Forms for the general
permits a request for estimates of PTE and, at existing sources, actual
emissions, to satisfy the minor source registration requirement of
Sec.  49.160, and clarifying that sources covered by the general
permits must also register under Sec.  49.160 (submittal of the Request
for Coverage Form satisfies that requirement);
    (22) Adding standards for non-engine combustion units to the final
``General Air Quality Permit for New or Modified Minor Source Graphic
Arts and Printing Operations in Indian Country'';
    (23) Revising the Request for Coverage Form for the final ``General
Air Quality Permit for New or Modified Minor Source Graphic Arts and
Printing Operations in Indian Country'' to require more detailed
information from the applicant that is appropriate for a general permit
that is being made available for both true minor and synthetic minor
sources;
    (24) Revising the threatened and endangered species and historic
properties screening procedures in the Request for Coverage Forms to
reflect changes made to those same procedures in response to comments
that we received on the January 14, 2014, proposal that we also
reflected in the final rule ``General Permits and Permits by Rule for
the Federal Minor New Source Review Program in Indian Country for Five
Source Categories,'' published on May 1, 2015; \18\
---------------------------------------------------------------------------

    \18\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country for Five Source
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
---------------------------------------------------------------------------

    (25) Correcting an error on the ``Input'' page for the PTE
calculator for the final ``General Air Quality Permit for New or
Modified Minor Source Boilers and Emergency Engines in Indian Country''
that did not properly sum emissions for all of the small, auxiliary
heaters and boilers, and adjusting the MMBtu/hr limit for boilers and
hp for engines for Extreme ozone nonattainment areas once we corrected
the error; \19\ and
---------------------------------------------------------------------------

    \19\ The draft spreadsheet underestimated emissions for this
source category and the correction and adjustment had the greatest
effect on emissions estimates for sources in Extreme ozone
nonattainment areas.
---------------------------------------------------------------------------

    (26) Adding the following caveat to the PTE calculators for the six
source categories in this action: ``If you have one or more of the
following units that are exempt from the Indian Country Minor NSR
Program,\20\ please contact

your EPA Regional office before you use this calculator to determine
whether you need to obtain a minor NSR permit:
---------------------------------------------------------------------------

    \20\ All units/categories listed under Sec.  49.153(c),
including the ones listed below, are exempt from the Federal Minor
NSR Program in Indian Country and emissions from such sources are,
therefore, not counted in calculating a source's PTE for the purpose
of determining whether the source's PTE exceeds the minor source
permitting thresholds. However, emissions from the units/categories
listed under Sec.  49.153(c) shall be included when calculating a
source's PTE for the purpose of determining whether the source is a
major source under either PSD or nonattainment NSR programs.
---------------------------------------------------------------------------

     Internal combustion engines used for landscaping purposes;
     Emergency generators, designed solely for the purpose of
providing electrical power during power outages:
    [cir] In nonattainment areas classified as Serious or lower, the
total maximum manufacturer's site-rated hp of all units shall be below
500;
    [cir] In attainment areas, the total maximum manufacturer's site-
rated hp of all units shall be below 1,000;
     Stationary internal combustion engines with a
manufacturer's site-rated hp of less than 5; and
     Furnaces or boilers used for space heating that use only
gaseous fuel, with a total maximum heat input (i.e., from all units
combined) of:
    [cir] In nonattainment areas classified as Serious or lower, 5
MMBtu/hr or less;
    [cir] In nonattainment areas classified as Severe or Extreme, 2
MMBtu/hr or less; and
    [cir] In attainment areas, 10 MMBtu/hr or less.''
    In addition, we made some changes in the general provisions that
are included in all of the final permits from this final action and the
May 1, 2015, final action. One commenter stated that the condition in
the draft general permits concerning Notification of Change in
Ownership is unclear in establishing whether it is the responsibility
of the new permittee or the old permittee to comply with the
notification requirements. The same commenter requested that certain
conditions of the draft general permit be clarified to cover situations
in which there is a change of operator, but the ownership of the
equipment is the same. In response to the comments, the EPA has
clarified in the permits for the six source categories covered by this
action that it is the responsibility of the new permittee to submit a
written or electronic notice to the Reviewing Authority within 90 days
before or after the change in ownership is effective. For all of the
permits, we have also modified the two conditions related to changes in
ownership that appear in Sections 5 and 6 to include the word
``operator'' to clarify that these conditions cover a change in either
ownership or operator where the equipment is the same.\21\
---------------------------------------------------------------------------

    \21\ The conditions are: Notification of Change in Ownership or
Operator (Section 5) and Change in Ownership or Operator (Section
6).
---------------------------------------------------------------------------

    One commenter stated that the term ``Responsible Official'' should
be defined to ensure truth, accuracy and completeness of required
reports. The EPA agrees and, in response to the comment, we have added
a definition of ``Responsible Official'' to each of the final permits.
    Two commenters supported the proposed rule's approach of requiring
each source to post the current Approval of the Request for Coverage
and to label each affected emissions unit and associated air pollution
control technology with the identification numbers listed in the
approval. One commenter recommended that the general permit and the
most current approval of the request for coverage for the permitted
source ``must be made available immediately upon request,'' as opposed
to ``must be posted.'' The commenter stated that it was not necessary
to label the air pollution control equipment, as the description and
serial numbers are provided in the application. The EPA acknowledges
the support of the commenters with respect to posting the Approval of
the Request for Coverage. Upon review of comments received related to
the posting of the general permit in addition to the Approval of the
Request for Coverage, the EPA is revising the permits to exclude the
requirement that the general permits must be posted. Posting of the
Approval of the Request for Coverage is required under 40 CFR
49.156(e)(6), but general permits themselves are not required under the
regulation to be posted and only need to be available on site as
needed. Regarding the labeling of emission units and air pollution
control equipment, identification and labeling of these units is needed
to facilitate identification by inspectors of equipment covered under a
general permit without the need to refer to the application. Therefore,
the EPA is finalizing the labeling requirements as proposed.
    Three commenters supported incorporating the Approval of the
Request for Coverage into the general permit, in order to ensure that
the revision procedures in 40 CFR 49.159 would apply to revisions a
Reviewing Authority may need to make to a previously issued Approval of
a Request for Coverage. Two commenters recommended that the EPA
consider amending 40 CFR 49.156 to include a provision that
specifically allows for revisions to a previously issued Approval of a
Request for Coverage under a general permit. Upon review of comments
received related to incorporating the Approval of the Request for
Coverage into the general permits, the EPA is finalizing each general
permit to include the proposed language in the draft general permits
related to incorporating the Approval of the Request for Coverage into
each permit.
    In addition, we have added a provision to all of the permits to
address those circumstances that can cause a permit to become invalid
under 40 CFR 49.156(e)(8). In the general permits in this action, the
provision can be found in Section 6.
b. Comments and Responses Concerning General Permits for Concrete Batch
Plants
    One commenter objected to the visible emissions 10 percent opacity
limit included in the draft concrete batch plants general permit. The
commenter argued that the limit would create an unequal playing field
with existing concrete batch facilities subject to the Federal Air
Rules for Reservations' (FARR) requirements for limiting visible
emissions (40 CFR 49.124). The EPA acknowledges that the draft visible
emissions opacity limit in the final ``General Air Quality Permit for
New or Modified Minor Source Concrete Batch Plants'' (10 percent) is
more stringent than the opacity limit provided for facilities in the
FARR.\22\ The opacity limit in the FARR is a generally applicable
requirement that applies to any person who owns or operates an air
pollution source, regardless of whether the equipment is existing, new,
or modified. This limit was not specifically developed for concrete
batch plants. The EPA's general permit for concrete batch plants
applies to new or modified concrete batch plants, for which we have
determined a 10 percent opacity limit is achievable. In our Background
Document \23\ for this permit, our review of state general permits for
this source category indicated a range of opacity limits. For all of
the states researched, the limits ranged from no visible emissions
allowed to 25 percent, with only one state having a 40 percent opacity
limit. Furthermore, the opacity limit is consistent with the opacity
limits for the ``General Air Quality Permit for New or Modified Minor
Source Stone Quarrying, Crushing, and Screening Facilities in Indian
Country'' (7-12 percent) and less than the opacity limit for the
``General Air Quality

Permit for New or Modified Minor Source Hot Mix Asphalt Plants in
Indian Country'' (20 percent or greater), both made available in the
final rule on April 17, 2015.\24\ We continue to believe that a 10
percent opacity limit is achievable for new or modified concrete batch
plant sources and, as a result, we are not revising the opacity limit
for the final ``General Air Quality Permit for New or Modified Minor
Source Concrete Batch Plants in Indian Country.''
---------------------------------------------------------------------------

    \22\ The FARR is limited in scope to Indian Reservations in EPA
Region 10. The opacity limit in the FARR at 40 CFR 49.124(d) is the
visible emissions from an air pollution source must not exceed 20%
opacity, averaged over any consecutive six-minute period, unless
paragraph (d)(2) or (3) of 49 CFR 49.124(d) applies to the air
pollution source.
    \23\ Background Document: General Air Quality Permit for New or
Modified Minor Source Concrete Batch Plants in Indian Country,
Docket ID No. EPA-HQ-OAR-2011-0151, https://www.epa.gov/tribal-air/tribal-minor-new-source-review.
    \24\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country for Five Source
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
---------------------------------------------------------------------------

    Another commenter recommended that the EPA consider the
requirements in the South Coast Air Quality Management District
(SCAQMD) Rule 1155--Particulate Matter from Control Devices (used to
establish requirements for permitted PM air pollution control devices)
and Rule 1157--PM10 Emission Reductions From Aggregate and
Related Operations (which includes general performance standards and
work practice requirements for opacity, unloading, loading and
transferring operations, storage piles and related equipment), in
establishing provisions in the draft concrete batch general permit. The
commenter also requested that the general permit include certain BACT
\25\ requirements related to controlling PM10. One commenter
specifically requested that the EPA consider certain control devices
for either wet central mix plants or transit mix plants. The EPA
considered SCAQMD rules when developing some of the nonattainment area
emission requirements and a review of the requirements suggested by the
commenter and those in the draft general permit indicate that the draft
permit conditions are already at least as stringent as those suggested
by the commenter. Therefore, no changes in this regard were made to the
final ``General Air Quality Permit for New or Modified Concrete Batch
Plants in Indian Country.''
---------------------------------------------------------------------------

    \25\ For federal purposes, BACT is a requirement for major
sources under the PSD Program. However, here and elsewhere in this
document where responses to comments are discussed, the term is
being used as it is used by the SCAQMD air program in the context of
minor source NSR permitting in nonattainment areas.
---------------------------------------------------------------------------

    One commenter supported the use of the draft general permit for
concrete batch plants to authorize relocation of a concrete batch plant
to a pre-approved site location. The EPA recognizes that concrete batch
plants are portable and may require the flexibility to relocate to
additional areas in the future. We have revised the Request for
Coverage Form for the final ``General Air Quality Permit for New or
Modified Concrete Batch Plants in Indian Country'' to clarify that the
facility may seek up-front approval of multiple locations and that
additional locations may be added in the future.
c. Comments and Responses Concerning General Permits for Boilers
    One commenter requested that the EPA consider the requirements in
three SCAQMD Rules that apply to boilers, including Rule 1146--
Emissions of Oxides of Nitrogen from Industrial, Institutional and
Commercial Boilers, Steam Generators, and Process Heaters; Rule
1146.1--Emissions of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters; and Rule 1146.2--Emissions of Oxides of Nitrogen from Large
Water Heaters and Small Boilers and Process Heaters. The commenter
stated that these rules limit emissions of NOX and carbon
monoxide (CO) and have requirements for initial and periodic testing,
monitoring and recordkeeping. The EPA considered SCAQMD rules when
developing some of the nonattainment area emission requirements and a
review of the requirements suggested by the commenter and those in the
draft general permit indicates that the draft permit conditions are
generally consistent with those suggested by the commenter for Severe
and Extreme ozone nonattainment areas. For example, the emission limits
for NOX and CO of the final ``General Air Quality Permit for
New or Modified Minor Source Boilers and Emergency Engines in Indian
Country'' are consistent with SCAQMD Rules 1146 and 1146.1. For each
boiler rated at or above 2 MMBtu/hr in a Severe or Extreme ozone
nonattainment area, the final permit is consistent with SCAQMD Rules
1146 and 1146.1 by containing a limit of nine parts per million (ppm)
at 3 percent oxygen for NOX and a limit of 400 ppm at 3
percent oxygen for CO. However, for boilers rated below 2.0 MMBtu/hr in
Severe or Extreme ozone nonattainment areas, we did not apply the
requirement in SCAQMD Rule 1146.2 for owner/operators to purchase
SCAQMD ``compliant'' boilers. As this is a nationally applicable
regulation, we did not find it appropriate to require SCAQMD-compliant
boilers in applicable areas everywhere due to their uncertain
availability outside of the South Coast region of California. Instead,
emissions from these small boilers and auxiliary heaters (those rated
less than 2.0 MMBtu/hr) are restricted by limiting the combined rating
of all small boilers and auxiliary heaters to a total of 10 MMBtu/hr in
Extreme ozone nonattainment areas and 20 MMBtu/hr in all other areas.
    We disagree that these boiler requirements should apply in all
areas, as suggested by the commenter. The limits suggested by the
commenter are not typically associated with attainment areas or
Marginal, Moderate, or Serious ozone nonattainment areas. No changes
were made to the final ``General Air Quality Permit for New or Modified
Minor Source Boilers and Emergency Engines in Indian Country,'' as a
result of this comment.
d. Comments and Responses Concerning General Permits for Stationary
Spark Ignition and Compression Ignition Engines
    Two commenters expressed confusion regarding the reference to Table
1 of the New Source Performance Standard (NSPS), 40 CFR part 60,
subpart JJJJ, in the draft spark ignition engines general permit. One
commenter noted that it is unclear whether the EPA is limiting the use
of engines >=100 hp to only those manufactured after the dates
incorporated from Table 1 to 40 CFR part 60, subpart JJJJ, in the draft
spark ignition engines general permit, or if the specified emission
limits from Table 1 must be met regardless of the date of engine
manufacture. Another commenter stated that the emission limits only
appear to apply to engines manufactured after 2010. One commenter noted
that this would exclude other newer engines and would be more
restrictive than the NSPS for spark ignition engines (NSPS, 40 CFR part
60, subpart JJJJ). The commenter also stated that the draft emission
limits from Table 1 are appropriate for new, modified, or reconstructed
engines after July 1, 2010, or January 1, 2011, but are not appropriate
for older existing engines not subject to the spark ignition engines
NSPS (40 CFR part 60, subpart JJJJ) or those engines subject to the
NSPS after 2007, but before the 2010 or 2011 dates listed in Table 1.
The commenter asserted that, for NSPS engines, all of the emission
limits and dates in Table 1 should apply to engines >=100 hp, and that,
for non-NSPS engines, emission controls should be no more stringent
than those required in National Emission Standards for Hazardous Air
Pollutants (NESHAP) in 40 CFR part 63, subpart ZZZZ, for existing
engines. Another commenter stated that the general permits should allow
for the use of existing engines in attainment areas. Commenters
recommended that the EPA consider the Texas Commission on

Environmental Quality's Permit by Rule for engines found in 30 Texas
Air Code section 106.512 as a model.
    The EPA acknowledges that our draft general permit did not clearly
state our intent with regard to the types of non-emergency spark
ignition engines eligible to operate under the draft general permit for
spark ignition engines. We are revising the final ``General Air Quality
Permit for New or Modified Minor Source Spark Ignition Engines in
Indian Country'' to clarify this issue. As a result, the requirements
applicable to existing non-emergency engines in the NESHAP at 40 CFR
part 63, subpart ZZZZ, are not needed in the general permit. The EPA
disagrees with the commenter's suggestion that the use of engines
manufactured prior to these dates should be allowed for attainment
areas. Given the types of stationary sources we expect to be eligible
for the final spark ignition engines general permit, we continue to
determine that pre-2010 or pre-2011 engines should not be eligible for
this permit. For this permit, where the covered stationary sources will
mainly consist of non-emergency engines, it is necessary to limit the
types of engines eligible to operate under the permit to those with the
most current technology to be protective of the National Ambient Air
Quality Standards (NAAQS), even in attainment areas. We note that we
have not taken this approach for all of the general permits. For
example, the general permits for hot mix asphalt plants; stone
quarrying, crushing, and screening operations; and concrete batch
plants allow for the use of existing compression ignition non-emergency
engines. However, in those cases the engines covered are smaller and
are not the primary equipment (and, thus, emissions) at the source.
    The Texas Commission on Environmental Quality's Permit by Rule for
engines found in 30 Texas Air Code section 106.512 suggested by the
commenter appears to apply to a broader group of stationary sources
(i.e., turbines) and is not limited to spark ignition engines. Thus,
its limits would not be translatable to a general permit limited to
spark ignition engines.
    We are clarifying each of the draft documents for the spark
ignition and compression ignition engines general permits to better
identify the types of sources that are eligible for these permits.
Additionally, the EPA did not intend that the draft engines permits
would apply to sources where non-exempt emergency engines are present
(alone or in combination with other emissions sources),\26\ or to
engines in the oil and natural gas production and natural gas
processing segments of the oil and natural gas sector for which the EPA
has issued a separate, final rulemaking.\27\ Therefore, we are revising
the title of the draft boiler general permit to ``General Air Quality
Permit for New or Modified Minor Source Boilers and Emergency Engines
in Indian Country'' to clarify that sources with non-exempt emergency
engines should apply for that general permit.
---------------------------------------------------------------------------

    \26\ Under 40 CFR 49.153(c)(9), emergency generator engines at a
single source are ``exempt'' if the combined maximum hp rating is
below 1,000 hp in attainment areas or 500 hp in ozone nonattainment
areas classified as Serious or lower. If your source consists of
only exempt equipment, then you are not required to obtain a minor
NSR permit.
    \27\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
---------------------------------------------------------------------------

    One commenter stated that the engines general permits reference
certain certification or emission requirements at 40 CFR part 89, 40
CFR part 90, 40 CFR part 1048, and Table 1 to 40 CFR part 60, subpart
JJJJ, which contain complex language that may require engine operators
to conduct legal analytical work. The commenter requested that the EPA
list these requirements more succinctly in order to help tribal
operators determine whether their sources are subject to certain
requirements and what the requirements are. The commenter also
requested that the EPA clarify the applications to make them as easy to
understand as possible, noting that tables would be easier to follow
than text.
    The EPA acknowledges that the language contained in the engine
regulations can be complex and potentially difficult for individual
owners or operators of engines to understand. This is why the EPA has
generally designed the permit requirements for engines to require the
owner or operator to simply install certified engines. We are revising
the draft general permit for spark ignition engines to specifically
list the applicable emission standards from Table 1 to 40 CFR part 60,
subpart JJJJ, instead of incorporating them by reference.\28\ We have
also revised the permitting documents as suggested to provide more
clarity to the applicable requirements.
---------------------------------------------------------------------------

    \28\ The draft general permit for spark ignition engines also
contained a typographical error that referenced ``40 CFR subpart
JJJJ'' instead of the correct citation 40 CFR part 60, subpart JJJJ.
---------------------------------------------------------------------------

    Two commenters stated that, in the draft compression ignition
engines general permit, the EPA excludes existing compression ignition
engines in Condition 19, which requires non-emergency engines to be
model year 2014 or later. The commenters argued that requiring sources
to install only new engines would be inappropriate and inconsistent
with existing engine rules. One commenter further stated that no state
prohibits the relocation of existing engines, which would be prohibited
under the proposed rule. The EPA notes that the commenters seem to
misinterpret the intent of the draft permits for engines. These general
permits are intended for a limited set of stationary sources--those
consisting primarily of non-emergency engines. We generally expect the
final ``General Air Quality Permit for New or Modified Minor Source
Spark Ignition Engines in Indian Country'' and the final ``General Air
Quality Permit for New or Modified Minor Source Compression Ignition
Engines in Indian Country'' to be used by sources in Indian country
that, for example, provide electricity or pump groundwater in areas
where power from the grid is not available. The general permits are not
intended to be used by all source categories with non-emergency
engines. Each permit is intended for a particular source category. We
are clarifying each of the documents for the spark ignition and
compression ignition permits to better identify the types of sources
likely to be eligible for these permits. Finally, we note that the
general permits for engines do not prohibit relocation of engines.
While we limit the types of engines that can be used under the permits,
engines that meet the permit requirements may be relocated to a new or
modified, permitted stationary source.\29\
---------------------------------------------------------------------------

    \29\ We have provided guidance on the in-kind replacement of
units in the preamble to the final rule issued on May 30, 2014, in
which we clarified requirements for such units in the Federal Indian
Country Minor NSR rule. ``Review of New Sources and Modifications in
Indian Country--Amendments to the Federal Indian Country Minor New
Source Review Rule,'' U.S. Environmental Protection Agency, 79 FR
31035, May 30, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-05-30/pdf/2014-11499.pdf.
---------------------------------------------------------------------------

    Three commenters expressed the view that including compliance
requirements for emergency spark ignition engines in a compression
ignition engine permit and compliance requirements for emergency
compression ignition engines in a spark ignition engine permit creates
confusion. One commenter remarked that it is unclear

which permit would be appropriate for a source operating an emergency
compression ignition engine, and what criteria are used to determine
when an emergency compression ignition engine would be covered under
one permit or another. The EPA notes that draft permits for compression
ignition and spark ignition engines contain limits on the combined hp
rating for emergency engines that are at, or below, the exemption
thresholds finalized in 40 CFR 49.153(c). Therefore, we are removing
the emergency engine provisions from these two general permits, as this
equipment is exempt from the program at the thresholds in the
permits.\30\ We are revising the Request for Coverage Forms and
questionnaires for these permits to identify this exemption. During the
development of the engines general permits, the EPA finalized
exemptions for certain emergency engines at 40 CFR 49.153(c).
---------------------------------------------------------------------------

    \30\ Emergency generator engines at a single source are
``exempt'' if the combined maximum hp rating is less than 1,000 hp
in attainment areas or less than 500 hp in ozone nonattainment areas
classified as Serious or below. If your source consists of only
exempt equipment, then you are not required to obtain a minor NSR
permit.
---------------------------------------------------------------------------

    Two commenters asserted that stack testing procedures for emergency
engines are inappropriate and not required by states. Instead, the
commenters recommended that the EPA include maximum non-emergency run
time hour limits (e.g., 500 hours/year) in both the spark ignition and
compression ignition engines general permits. The EPA disagrees that we
should replace the testing requirements with limits on the hours an
emergency engine can operate in non-emergency situations. However, as
noted above, we are removing the requirements for emergency engines
from the final ``General Air Quality Permit for New or Modified Minor
Source Spark Ignition Engines in Indian Country'' and the final
``General Air Quality Permit for New or Modified Minor Source
Compression Ignition Engines in Indian Country.''
    Two commenters questioned the specific testing procedures outlined
in the engines general permits. One commenter stated that the outlined
procedures for stack testing were contradictory with regard to engine
load during testing. In the draft spark ignition engines general
permit, another commenter stated that emissions testing requirements
should allow portable analyzer testing and test methods other than the
EPA reference methods. The commenter stated that allowing portable
analyzers is necessary due to the remote and dispersed nature of many
engines. The EPA recognizes that some engines typically do not operate
within 10 percent of peak load. However, the ``within 10 percent peak
load'' requirement was included in the permit to be consistent with the
testing requirements in the applicable NSPS. This allows testing
conducted under the NSPS to be used for the general permit as well. The
EPA has generally included a requirement in our general permits to
ensure testing is conducted under typical operating conditions to avoid
testing being conducted, for example, during startup or malfunction. We
do not find the two provisions to be contradictory. Regarding the use
of portable analyzers, the draft general permit for spark ignition
engines provides for the use of test methods identified in 40 CFR part
60, appendix A, which allow the use of a portable analyzer. In
addition, the draft spark ignition engines general permit specifically
references the use of portable analyzers. No changes have been made to
the final ``General Air Quality Permit for New or Modified Minor Source
Spark Ignition Engines in Indian Country,'' as a result of this
comment.
    One commenter stated that the requirement to monitor fuel use for
each engine on a monthly basis is not practical, given the many remote
locations where engines are used for oil and gas production. The
commenter further asserted that because the standards are based on an
emissions/hp-hour basis, fuel measurement is unnecessary to demonstrate
compliance. The EPA notes that these general permits do not apply to
engines in the oil and natural gas production and natural gas
processing segments of the oil and natural gas sector for which the EPA
has issued a separate, final rulemaking in the form of a
FIP.31 32 We do not anticipate that sources outside of the
oil and natural gas production and natural gas processing segments of
the oil and natural gas sector with stationary spark ignition and
compression ignition engines will have difficulty meeting the monthly
fuel use requirements. Thus, no changes have been made to the final
permits as a result of this comment.
---------------------------------------------------------------------------

    \31\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
    \32\ The final oil and natural gas FIP focuses on the oil and
natural gas production and natural gas processing segments of the
oil and natural gas sector because we believe that these segments
include the majority of the true minor sources in the sector that
would need to obtain a minor source permit in areas covered by the
Federal Indian Country Minor NSR rule.
---------------------------------------------------------------------------

    One commenter requested that the EPA provide clear direction for
authorization of in-kind replacement engines. The commenter noted that
engines are frequently swapped out with an in-kind engine to minimize
compressor downtime, and that these replacements have the same or lower
emissions than the engine being replaced. Two commenters noted that
existing compressors may be moved and installed at another site to meet
production needs. One commenter argued that the EPA must allow for
relocation of existing engines without requiring them to be
retrofitted. Another commenter suggested that the EPA consider the
permit by rule and general permitting programs run by the states of
Texas, Colorado, and Louisiana as models to address relocation of
existing engines.
    Because these commenters represent the oil and natural gas
industry, the EPA infers that the commenters are referring to engines
used in the oil and natural gas sector. The EPA notes that these
general permits do not apply to engines in the oil and natural gas
production and natural gas processing segments of the oil and natural
gas sector for which the EPA has issued a separate, final rulemaking in
the form of a FIP.\33\ The general permits being finalized for engines
in this action do not contain any specific conditions related to in-
kind replacements. The commenter has not provided a specific
description for what is meant by ``in-kind'' replacements, only
alluding to the fact they have ``the same or lower emissions than the
engine being replaced.'' We cannot provide a more detailed response
other than to point the commenter to how we addressed the issue of
emissions unit relocation/replacement in the oil and natural gas
industry in response to comments on final amendments to add to the list
of

exempted units in the Federal Indian Country Minor NSR rule.\34\
---------------------------------------------------------------------------

    \33\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
    \34\ ``Review of New Sources and Modifications in Indian
Country: Amendments to the Federal Indian Country Minor New Source
Review Rule,'' U.S. Environmental Protection Agency, 79 FR 31035,
May 30, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-05-30/pdf/2014-11499.pdf.
---------------------------------------------------------------------------

    In the Federal Indian Country Minor NSR rule, we indicated our
understanding that, in oil and gas sector operations, moving a single
piece of equipment from one facility to another, or replacing a piece
of equipment with a new one, can occur on a regular basis. For
clarification purposes, we believed that it would be beneficial to both
sources and reviewing authorities for us to list the different
situations involving a piece of equipment (a unit) that we believed
would be most common, and to specify the outcome with respect to minor
NSR permitting and registration. In the preamble to the final rule, we
listed expected outcomes to provide guidance on how we would address
certain ``relocation'' scenarios. We did, however, indicate that the
source owner/operator should still verify with its Reviewing Authority
that the scenario provided, and its stated outcome, applies to its
case.\35\ Regardless, each model year engine has to meet its applicable
emissions control NSPS requirements.
---------------------------------------------------------------------------

    \35\ Ibid.
---------------------------------------------------------------------------

    One commenter stated that the requirement to ``maintain onsite all
records required to be kept by this permit'' is not practical at
unmanned oil and natural gas production facilities. The commenter asked
that the requirement be modified to recognize that records for unmanned
facilities are normally kept at an office having operational control of
the unmanned facility where the engines are located. The EPA notes that
these general permits do not apply to engines in the oil and natural
gas production and natural gas processing segments of the oil and
natural gas sector for which the EPA has issued a separate, final
rulemaking in the form of a FIP.\36\
---------------------------------------------------------------------------

    \36\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
---------------------------------------------------------------------------

    We do not anticipate that sources outside of the oil and natural
gas production and natural gas processing segments of the oil and
natural gas sector with stationary spark ignition and compression
ignition engines will have difficulty meeting the recordkeeping
requirements. Therefore, no changes have been made to the final permits
as a result of this comment.
    Two commenters stated that the reporting requirements in the draft
general permits for engines are equivalent to the requirements for
major sources subject to Title V. The commenters argued that these
requirements are not appropriate for minor or area sources.
Specifically, the commenters asserted that deviation reporting,
compliance certifications, and requiring signature by a Title V
equivalent ``responsible official'' is overly burdensome to minor
sources. The commenters also stated that these requirements would
increase the burden on the EPA to review these reports. One commenter
asserted that engines that are already affected sources of an NSPS or
NESHAP should have no additional requirements (reporting or otherwise).
    While the reporting requirements contained in the draft general
permits may be similar to reporting requirements of the Title V
Program, the EPA disagrees that a change is warranted. In developing
the draft general permits, the EPA followed the Federal Indian Country
Minor NSR rule, 40 CFR 49.155(a)(5), which identifies reporting
requirements that must be included in each permit. The EPA cannot
simply rely on assumed existing reporting and other requirements from
other rules (e.g., NSPS or NESHAP) to ensure compliance with the
emission limitations in our general permits. However, in some instances
the reporting requirements in the final permits in this action are
similar to or identical to reporting requirements in NESHAP and NSPS
standards. Thus, for some requirements reporting under the other
standards will also suffice for these permits. (If a permittee has a
question about whether a particular reporting requirement under a
NESHAP or NSPS will also suffice for these permits, they should work
with the Reviewing Authority during the review process.) Further, the
requirement to have a responsible official sign reports is common and
consistent with state permitting programs. It is unclear why this
certification would be costly or overly burdensome for permittees, as
the commenter has not provided any specific information demonstrating
an actual problem or a particular difficulty.
    One commenter stated that the timeframe for submittal of
performance test reports in the draft engines permits is too short. The
commenter noted that performance test reports are typically required to
be submitted within 60 days of completion of the test by NSPS and
NESHAP requirements for engines. The commenter also asked that stack
test reporting required for NSPS and NESHAP satisfy the requirements
for minor NSR reporting. In response, the EPA is extending the
timeframe for submittal of performance test reports to 60 days for both
the final ``General Air Quality Permit for New or Modified Minor Source
Spark Ignition Engines in Indian Country'' and the final ``General Air
Quality Permit for New or Modified Minor Source Compression Ignition
Engines in Indian Country.'' This timeframe is consistent with the
requirements of 40 CFR part 60, subpart JJJJ, and 40 CFR part 63,
subpart ZZZZ. Additionally, we are revising the draft engines general
permits to clarify that facilities may satisfy the initial and
subsequent stack testing requirements in the general permits by using
the initial and subsequent performance tests performed to meet NSPS and
NESHAP requirements, assuming the required testing requirements in the
permits are met.
    Two commenters requested that the engines general permits include
provisions to establish a source as synthetic minor for criteria
pollutants and/or HAPs. Another commenter asserted that the EPA must
require more stringent monitoring, recordkeeping and reporting for
these sources.
    In our final action signed on April 17, 2015,\37\ we finalized a
policy that allows for the use of general permits in Indian country to
create synthetic minor sources. Consistent with the policy, and after
considering the concerns raised by commenters, we are finalizing the
``General Air Quality Permit for New or Modified Minor Source Spark
Ignition Engines in Indian Country'' and the ``General Air Quality
Permit for New or Modified Minor Compression Ignition Engines in Indian
Country'' to allow for their use by true minor sources and to create
synthetic minor sources.\38\ For the final ``General Air Quality Permit
for New or Modified Minor Source Compression Ignition Engines in Indian
Country,'' we added operational limits so that the permit serves both
true minor and synthetic minor sources. For the same purpose, for the
final ``General Air Quality Permit for New or Modified

Minor Source Spark Ignition Engines in Indian Country,'' we created
synthetic minor limits for fuel use for only natural gas engines as we
believe that is the most likely fuel use scenario. We do not feel that
we have sufficient information available to create these limits for
other fuel types, as the other fuels can have varying characteristics,
which will change engine efficiency and affect emissions. We do not see
a need to add any additional monitoring, recordkeeping and reporting
requirements for synthetic minor sources as the existing requirements
in the general permits are sufficient to ensure sources' emissions will
remain below major source levels.
---------------------------------------------------------------------------

    \37\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country for Five Source
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
    \38\ The Request for Coverage Forms for these permits list the
different control options available to sources seeking coverage
under the permits, making it clear which options are for true minor
sources and which options are for synthetic minor sources.
---------------------------------------------------------------------------

    Two commenters requested clarification on the proposed FIP or
permit by rule considered in the Advance Notice of Proposed
Rulemaking.\39\ The commenters noted that it is not clear whether the
draft engines general permits cover engines located at oil and natural
gas production facilities. The EPA recognizes that it was unclear at
the time of proposal whether the draft permits would apply to engines
located at oil and natural gas production facilities. The final engines
general permits do not apply to engines in the oil and natural gas
production and natural gas processing segments of the oil and natural
gas sector for which the EPA has issued a separate, final rulemaking in
the form of a FIP following consideration of comments received on the
proposed FIP.\40\ Only new sources or modifications consisting of one
or more non-emergency engines that are not located in the oil and
natural gas production and natural gas processing segments of the oil
and natural gas sector are eligible to apply for coverage under the
spark ignition and/or compression ignition stationary engines general
permits. Engines in the oil and natural gas production and natural gas
processing segments of the oil and natural gas sector have been
addressed in the separate, final rulemaking.\41\
---------------------------------------------------------------------------

    \39\ ``Managing Emissions From Oil and Natural Gas Production in
Indian Country,'' U.S. Environmental Protection Agency,'' 79 FR
32502, June 5, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-05/pdf/2014-12951.pdf.
    \40\ ``Federal Implementation Plan for True Minor Sources in
Indian Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector; Amendments to
the Federal Minor New Source Review Program in Indian Country to
Address Requirements for True Minor Sources in the Oil and Natural
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944,
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
    \41\ Ibid.
---------------------------------------------------------------------------

    One commenter representing oil and natural gas sector interests
expressed a preference for a permit by rule mechanism for compression
ignition and spark ignition engines in lieu of a general permit, and
recommended that the EPA consider, as an example, the permit by rule in
the Texas Administrative Code, Title 30, Part 1, Chapter 106,
Subchapter A, Rule section 106.4, coupled with the engine-specific
Permits by Rule 106.511 and 106.512. The commenter stated that a permit
by rule allows sources the flexibility to install and operate engines
without delays arising from review and approval by permitting
authorities. The commenter also pointed out that a primary advantage of
implementing a permit by rule or FIP would be that a new federal
decision triggering the Endangered Species Act (ESA) and National
Historic Preservation Act (NHPA) would not be made each time a source
avails itself of the permit by rule or FIP. Regarding the use of a
permit by rule or FIP for compression ignition and spark ignition
engines, the EPA did not propose the use of these permitting mechanisms
in the proposed rule and does not consider their use appropriate at
this time. Thus, we did not seek comment on their use at the time of
proposal. Furthermore, the draft permits do not apply to engines in the
oil and natural gas production and natural gas processing segments of
the oil and natural gas sector. The EPA has issued a separate, final
rulemaking addressing oil and natural gas production sources, including
non-emergency engines located at such sources.\42\
---------------------------------------------------------------------------

    \42\ Ibid.
---------------------------------------------------------------------------

e. Comments and Responses Concerning General Permits for Graphic Arts
and Printing Operations
    One commenter noted that the preamble description of ``graphic
arts'' does not match the description in the draft general permit and
that the draft general permit does not include screen printing and
manual and sheet-fed techniques. The EPA has corrected the discrepancy
and modified the final questionnaire and Request for Coverage Form to
clarify that the final ``General Air Quality Permit for New or Modified
Minor Source Graphic Arts and Printing Operations in Indian Country''
applies to sheet-fed printing operations.
    One commenter recommended that all solvent cleaning operations
(except batch loaded cold cleaners) comply with emission standards
similar to SCAQMD Rule 1171. The EPA considered SCAQMD rules when
developing some of the nonattainment area emission requirements. We
have determined that the additional limits and work practice standards
not already included in the draft permit should only be added to the
requirements for Serious and above ozone nonattainment areas. As a
result, we are revising requirements in the final ``General Air Quality
Permit for New or Modified Minor Source Graphic Arts and Printing
Operations in Indian Country'' to include additional emission limits
and work practice standards consistent with SCAQMD Rule 1171 that apply
only in Serious and above ozone nonattainment areas.
    One commenter noted that the term ``reasonable time'' in Condition
9 of the draft permit is subjective and not easily enforceable, and
requested a specific timeframe. The EPA agrees with the commenter and
replaced ``reasonable time'' with ``30 days unless another timeframe is
specified by the EPA'' in the final ``General Air Quality Permit for
New or Modified Minor Source Graphic Arts and Printing Operations in
Indian Country.'' We have made this change in all of the final permits
included in this action.
    One commenter recommended that the volatile organic compound (VOC)
limits in Condition 17 of the draft general permit for graphic arts and
printing operations be changed to grams per liter (g/L) of ink/coating/
adhesive less water and exempt compounds. The EPA agrees with the
recommendation that the coating content limits in Condition 17 should
also be provided in g/L and has added VOC content limits measured in g/
L. We also agree with the recommendation that the coating content
limits be on an ``as applied'' basis, excluding water, and have
modified the final ``General Air Quality Permit for New or Modified
Minor Source Graphic Arts and Printing Operations in Indian Country,''
accordingly. In response to the same comment, we have also added a
definition for VOC to the final ``General Air Quality Permit for New or
Modified Minor Source Graphic Arts and Printing Operations in Indian
Country'' to clarify the compounds not included when considering VOC.
    One commenter stated that Serious and above ozone nonattainment
area VOC limits for inks, coatings and adhesives should be limited,
measured and reported in g/L or pounds/gallon (lbs/gal), excluding
water and any other compounds exempted by the permitting authority or
the local/neighboring air district. The same commenter recommended for
all areas that the proposed percent alcohol or percent alcohol
substitute limits in Condition 18

of the draft general permit be converted to an equivalent VOC content
limit in g/L, as applied, including water and exempt compounds. The
same commenter requested that if the standards for fountain solution
are changed to VOC content rather than percent alcohol or alcohol
substitute, then the log required in Condition 31 of the draft general
permit should reflect: (1) The units (e.g., g/L or lbs/gal, as applied,
including water and exempt compounds) of the fountain solution
standards; (2) the units (e.g., g/L or lbs/gal, as applied, less water
and exempt compounds) of the VOC limits for the coating, ink or
adhesive; and (3) the units (e.g., g/L or lbs/gal, as applied, less
water and exempt compounds) of the VOC limits. The commenter also
recommended that the VOC limits in Attachment C for all materials
except fountain solution should be g/L or lbs/gal, less water and less
exempt compounds, and that the VOC limits for fountain solution should
be converted to an equivalent VOC content limit in g/L, as applied,
including water and exempt compounds.
    The EPA generally agrees with the commenters and has made
corresponding changes to the final permit conditions. The EPA agrees
with the recommendation that the nonattainment area VOC ink, coating,
and adhesive content limits should also be provided in g/L and lbs/gal,
which is how we presented the draft VOC content limits for
nonattainment areas in the draft permit. We have retained the VOC
limits provided in g/L and lbs/gal in the final ``General Air Quality
Permit for New or Modified Minor Source Graphic Arts and Printing
Operations in Indian Country.'' We also agree with the recommendation
that the coating content limits should be on an ``as applied'' basis,
excluding water and other compounds. We have added a definition for VOC
to the final permit to clarify the compounds not included when
considering VOC. We have also made corresponding changes to the
recordkeeping requirements, as appropriate.
    One commenter requested that the EPA clarify Condition 21 of the
draft general permit to apply only to flexible packaging printing
operations. In the final ``General Air Quality Permit for New or
Modified Minor Source Graphic Arts and Printing Operations in Indian
Country,'' the EPA agrees with the commenter and we have revised the
heading for the draft condition that reads ``Exemption for Non-
compliant Materials'' to a new heading, ``Exemption for Flexible
Packaging Printing Operations,'' to clarify that the non-compliant
materials exemption is only applicable for flexible packaging printing.
    One commenter requested that the frequency of monitoring of the
usage of all VOC-containing material (Condition 27 of the draft general
permit) be changed from a weekly basis to a daily basis. The EPA agrees
with this recommendation as it relates to certain nonattainment areas
and we are, accordingly, revising the final ``General Air Quality
Permit for New or Modified Minor Source Graphic Arts and Printing
Operations in Indian Country'' to include a requirement for daily
monitoring of VOC usage for Serious and above ozone nonattainment
areas. The EPA has concluded that a greater level of monitoring is
necessary: (1) To protect air quality in areas that are designated as
Serious and above ozone nonattainment; and (2) to ensure a consistent
set of requirements across state and tribal areas in common airsheds.
    One commenter requested that the EPA add requirements for
performance testing at facilities with air pollution control equipment
to verify the overall VOC control efficiency and to quantify the
NOX emissions from any air pollution control equipment
(e.g., oxidizers). The EPA agrees with the commenter and has added
testing requirements for potential add-on control equipment. (The
option for owners or operators to rely on add-on control devices for
compliance was added to the permit in response to another comment.) For
each add-on control system used at a graphic arts and printing
operation source, the source must conduct an initial performance test
within certain timeframes to verify compliance with the add-on control
standards according to a test plan submitted to the Reviewing
Authority. The testing is to determine the capture/control efficiency
of the emission control system. The source must also conduct subsequent
performance tests every five years.
    One commenter requested that the monthly record requirements in
Conditions 31 through 33 of the draft general permit be clarified to
specify calendar-monthly records. Although the EPA intended that
records be kept on a calendar-monthly basis, we recognize that the
draft permit was unclear. We are, therefore, revising the final
``General Air Quality Permit for New or Modified Minor Source Graphic
Arts and Printing Operations in Indian Country'' to clarify that the
recordkeeping requirements are to be kept on a calendar-monthly basis.
This means under the final permit each source must update a log of
their usage of VOC-containing material and report that usage on a
calendar-monthly basis.
    One commenter requested that if requirements to conduct additional
performance tests are added to the general permit, the EPA should
include a requirement for recording the results of each performance
test. The EPA agrees that the results of all performance tests should
be recorded and the records maintained. As a result, in authorizing the
use of add-on controls, we included recordkeeping and reporting
requirements for specified performance testing for add-on control
equipment.
    One commenter recommended that the definition of ``coldset'' be
modified to clarify that coldset printing operations include presses
with infrared or other energy curing devices such as ultraviolet
dryers. The same commenter recommended that the definition of
``heatset'' be modified to clarify that coldset printing operations do
not include presses with infrared or other energy curing devices such
as ultraviolet dryers. The EPA has reviewed these definitions and
agrees that the language suggested by the commenter provides additional
clarifications that can help facilitate a better understanding of the
permit's requirements. We have revised the definitions, accordingly, to
add the commenter's suggested language.
    One commenter recommended that the definition of ``offset
lithographic and letterpress printing operation'' be modified to be
consistent with SCAQMD Rule 1130. The EPA has reviewed this definition
and agrees with the language suggested by the commenter because the
change provides additional clarification that can help facilitate
understanding of the permit's requirements. We have revised the
definition accordingly.
    One commenter recommended that the EPA add a definition for
``exempt compounds,'' including compounds in the jurisdiction of
neighboring air districts to Indian country (SCAQMD Rule 102). The EPA
agrees that the definition of VOCs provided in the final ``General Air
Quality Permit for New or Modified Minor Source Graphic Arts and
Printing Operations in Indian Country'' (that was not provided in the
draft permit) should identify ``exempt compounds.'' We have revised the
ink/coating content limits to regulate on an ``as applied'' basis,
excluding water. We have also added a definition for VOC to the final
``General Air Quality Permit for New or Modified Minor Source Graphic
Arts and Printing Operations in Indian Country'' to clarify which
compounds are not included when considering

VOC. However, in lieu of referencing the exempt compounds in SCAQMD
Rule 102, the definition references the list of exempt compounds in 40
CFR 51.100(s)(1), which we have determined to be more generally
applicable to sources in Indian country.
    One commenter recommended that the EPA include a definition for
``fountain solution'' and provided a suggestion. The EPA agrees that
including such a definition will improve the rule's efficacy and
enforceability and agrees that the commenter's proposed definition is
appropriate. As a result, we have added the suggested definition for
``fountain solution'' to the final ``General Air Quality Permit for New
or Modified Minor Source Graphic Arts and Printing Operations in Indian
Country.''
    One commenter recommended that the EPA include a definition for
``grams of VOC per liter of coating (or ink or adhesive), less water
and less exempt compounds.'' The commenter provided the EPA with a
calculation method for VOC content per liter of coating used. The EPA
agrees that the information suggested by the commenter will improve the
permit's efficacy. We have, therefore, added the information to the
Sample Calculations section of the final ``General Air Quality Permit
for New or Modified Minor Source Graphic Arts and Printing Operations
in Indian Country.''
    One commenter recommended that the sample calculations in
Attachment D of the general permit should include more representative
values for heatset lithographic ink. The commenter also noted a
typographical error for the VOC retention factor for heatset
lithographic ink, which should be listed as 20 percent instead of 30
percent. In addition, the EPA acknowledges that the sample calculations
in Attachment D of the permit should reflect more representative values
for heatset lithographic inks because it is intended to provide ``real
world'' values. We have modified Attachment D to include more
representative values and to correct the erroneous VOC retention
factor.
    One commenter requested that the EPA add language to clarify that
these are uncontrolled VOC emissions. The commenter referenced language
in the preamble which indicates that printing presses ``would need to
be able to demonstrate compliance with the permit (25 tpy VOC) without
the consideration of controls.'' The same commenter requested that the
EPA add language to clarify what equipment ``all printing lines''
includes (i.e., combustion emissions from gas-fired equipment, air
pollution control equipment, internal combustion engines, pre-press
operations, or other non-printing related VOC-emitting operations
performed). The EPA agrees with the commenter's suggestion of
clarifying the permit language. We have done so by clarifying that
compliance with the following condition must not consider the reduction
in emissions from any add-on control technology: ``The permittee shall
not allow volatile organic compound (VOC) emissions from an individual
printing press (printing line) to exceed 25 tons per year.'' The EPA
also agrees with the commenter that the equipment included in all
printing lines should be identified in the permit. The permit has been
revised accordingly.
    Two commenters supported the proposal to increase the stringency of
the overall tpy emission limitations for all printing lines at a
facility based on the increasing classification of the ozone
nonattainment area designation. Another commenter asserted that, for
nonattainment areas, the EPA should require the most stringent
emissions limitation or installation of BACT based on requirements of
the neighboring air district, regardless of the facility's PTE or
throughput. The commenter argued that emissions generated in these
areas would have an effect on the neighboring district's air quality.
    The EPA has determined that the VOC content limits in the draft
general permit for graphic arts and printing operations effectively
limit VOC emissions in nonattainment areas and are consistent with the
BACT requirements suggested by the commenter. However, we are also
adding add-on control requirements for this source category as an
option for complying with the VOC content limits contained in the draft
permit. This option provides owners and operators the flexibility to
use non-compliant materials, while also protecting air quality.
Finally, we note that the EPA has the authority to determine that a
particular general permit is no longer sufficient to protect air
quality for new or modified sources in a geographic area and,
therefore, does not meet the requirements of the Federal Indian Country
Minor NSR rule. Such a determination would, for example, consider local
air quality conditions, typical control technology and other emission
reduction measures used by similar sources in surrounding areas,
anticipated economic growth of the area, and/or cost-effective emission
reduction alternatives.
    One commenter argued that facilities utilizing fuel combustion
heating units (e.g., ovens, dryers, oxidizers) in Serious and above
ozone nonattainment areas should use only natural gas as their primary
fuel for heatset printing presses (non-electric heated), and that the
NOX emissions from heatset printing presses should not
exceed 30 parts per million, volumetric dry, corrected to 3 percent
oxygen. The same commenter requested that if NOX
concentration limits are added to the emissions limits and standards
for gas-fired dryers/ovens on heatset printing presses, the EPA should
consider adding requirements for performance tests to be conducted on
heatset printing press ovens with gas-fired burners to demonstrate
compliance. The EPA has considered the commenter's recommendations and
has included the requirements proposed by the commenter into the
requirements for ozone nonattainment areas in the final ``General Air
Quality Permit for New or Modified Minor Source Graphic Arts and
Printing Operations in Indian Country.'' The EPA has concluded that in
ozone nonattainment areas a greater level of control is required to
protect air quality. Thus, the requirements, which would reduce levels
of NOX from combustion sources, are appropriate for these
areas. Therefore, we have added an overall capacity limit for
combustion units, excluding engines, that applies to all areas,
attainment and nonattainment. The more stringent provisions recommended
by the commenter will apply only to Severe and Extreme ozone
nonattainment areas because they are necessary to ensure that the
permit provides adequate air quality protection. We have not required
the more stringent provisions in Serious ozone nonattainment areas
because we do not believe that in those areas the extra control is
necessary to protect air quality. We have also revised the permit to
reflect associated monitoring and recordkeeping requirements.
    One commenter stated that in nonattainment areas, all facilities
should vent ovens to air pollution control equipment with a minimum 95
percent overall VOC control efficiency. The commenter requested that
the EPA clarify that in an Extreme ozone nonattainment area (the South
Coast and San Joaquin Valley Air Basins), the major source threshold
for VOC is 10 tpy. The commenter referenced the SCAQMD BACT for PM and
VOC emissions from a heatset lithographic printing press, which
requires venting the press oven to air pollution control equipment with
a minimum 95 percent overall VOC control efficiency. The commenter
noted that the facility VOC emission threshold for a general permit can
be as low as 7 tpy from all printing

lines combined; however, all heatset lithographic printing press ovens
should be vented to air pollution control equipment with a minimum 95
percent overall VOC control efficiency. The EPA has included the
requirements proposed by the commenter in the requirements of the final
``General Air Quality Permit for New or Modified Minor Source Graphic
Arts and Printing Operations in Indian Country'' to allow sources the
flexibility to use add-on control requirements as an alternative to the
VOC content limits in the permit. In addition, we are making the add-on
control requirement mandatory in Extreme ozone nonattainment areas.
Furthermore, we have determined that provisions similar to those in the
SCAQMD requirements identified by the commenter are appropriate to
include because the only Extreme ozone nonattainment areas in Indian
country are located in California. In addition, we are also clarifying
that in ozone nonattainment areas, new or modified sources must obtain
a permit for VOC emissions increases of 2 tpy or more. Sources in
Extreme ozone nonattainment areas emitting above 7 tpy are not eligible
for the final ``General Air Quality Permit for New or Modified Minor
Source Graphic Arts and Printing Operations in Indian Country'' and
must obtain a source-specific permit prior to beginning construction.
    One commenter recommended, for nonattainment areas, that all
solvent cleaning operations (excluding batch loaded cold cleaners)
should comply with lower emission standards. The commenter requested
that the EPA consider the standards in SCAQMD Rule 1171. The EPA
considered SCAQMD rules when developing some of the nonattainment area
emission requirements for Serious and above ozone nonattainment areas
and concluded that the requirements in SCAQMD Rule 1171 are appropriate
for inclusion in the final permit generally because they are necessary
to ensure consistency (and, thus, a more level playing field) with
requirements in neighboring areas under local requirements. The EPA
has, therefore, included the emission standards and specific work
practice standards in Rule 1171 referenced by the commenter as
requirements in the final permit for sources in nonattainment areas.
    One commenter recommended that, at graphic arts and printing
operations in nonattainment areas, compression ignition emergency
engines should comply with NSPS 40 CFR part 60, subpart IIII, and
NESHAP 40 CFR part 63, subpart ZZZZ. The commenter also recommended
additional limits on operating hours of up to 50 hours per year for
maintenance and testing and 200 hours per year total operation for
nonattainment areas. The EPA disagrees with the commenter that
compression ignition emergency engines at graphic arts and printing
operations in nonattainment areas should meet limits on operating hours
in addition to complying with 40 CFR part 60, subpart IIII, and 40 CFR
part 63, subpart ZZZZ. Additional operating limits are unnecessary and
would conflict with the requirements of the NSPS and NESHAP, which
would create an additional, unjustified reporting burden for sources.
However, we do agree that in nonattainment areas, emergency engines
that are not otherwise exempt from the Federal Indian Country Minor NSR
Program should be certified to the EPA's standards in 40 CFR part 60,
subpart IIII. The final ``General Air Quality Permit for New or
Modified Minor Source Boilers and Emergency Engines in Indian Country''
has been revised, accordingly.
f. Comments and Responses Concerning General Permits for Sawmill
Facilities
    One commenter stated that prohibiting open burning (Condition 16 in
the draft sawmill facilities general permit) conflicts with the FARR
open burning rule (40 CFR 49.131). The EPA notes that the condition in
the draft general permit only bans open burning at sawmills. It is not
intended to prohibit open burning of all kinds, but was included to
prevent operators of sawmill facilities from burning waste or other
disposed materials on the property of the mill. It does not prohibit
open burning at locations other than sawmill facilities and, thus, is
consistent with the FARR in that regard. The EPA does not believe that
there is a conflict. However, disposal of any waste from sawmill
facility activity must be handled in accordance with applicable
requirements in all tribal, local and federal regulations and statutes.
    One commenter objected to Condition 11 in the draft sawmill
facilities general permit, stating that it is not necessary to label
emission units and air pollution control equipment with identification
numbers, and that serial numbers or the location of the unit should
suffice. The EPA believes that the identification and labeling of
emission units and air pollution equipment is needed to facilitate
identification of equipment covered under the general permit by
inspectors. Therefore, we are finalizing the labeling requirements
included in the draft permit. It is worth noting that this requirement
is consistent with all of the other permits in this final action and in
the final action that we finalized in May 2015.\43\
---------------------------------------------------------------------------

    \43\ ``General Permits and Permits by Rule for the Federal Minor
New Source Review Program in Indian Country for Five Source
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
---------------------------------------------------------------------------

    One commenter stated that the pollution control requirements in
Conditions 24 to 26 of the draft sawmill facilities general permit are
too specific. The EPA disagrees. Specific permit conditions are
necessary in order to ensure that the conditions in the general permit
are enforceable. No changes have been made to the permit conditions in
the final ``General Air Quality Permit for New or Modified Minor Source
Sawmill Facilities in Indian Country,'' as a result of this comment.
    One commenter noted that if a planar mill does not have a baghouse
or fabric filter, per Condition 24 of the draft sawmill facilities
general permit, they would be required to obtain a source-specific
permit. The same commenter stated that, per Condition 25 of the draft
general permit, sawmill facilities with uncovered outdoor operations,
or with covered operations that do not have a baghouse or fabric
filter, would need to obtain a source-specific permit. The same
commenter also stated that, per Condition 26 of the draft general
permit, sawmill facility operations that are indoors without a baghouse
or fabric filter would be required to get a source-specific permit. In
all three cases, the EPA agrees and has determined that the use of a
baghouse or fabric filter is a reasonable and readily available
technology for new or modified sources indoors and covered facilities
outdoors. Sources that cannot, or do not wish to, install a baghouse or
fabric filter must seek a source-specific permit.
    One commenter objected to weekly visible emissions surveys
(Conditions 33 and 34 of the draft sawmill facilities general permit).
The commenter argued that weekly surveys would be burdensome,
especially compared to Title V sawmill facilities that have a quarterly
survey frequency. The EPA disagrees with the commenter that weekly
visible emission surveys are overly burdensome. They are not resource-
intensive to accomplish using Method 22,\44\ as specified in the draft
permit (versus the Method 9 \45\ opacity

test, which requires certified observers). The fact that there may be
some Title V permits for sawmills that only require quarterly surveys
does not mean that quarterly monitoring is appropriate for sources
wishing to operate pursuant to the general permit. The general permits
developed by the EPA have consistently used weekly surveys for
monitoring opacity and fugitive emissions. Frequent monitoring of
equipment is necessary to ensure a source is in compliance at all
times. No changes have been made to the conditions of the final
``General Air Quality Permit for New or Modified Minor Source Sawmill
Facilities in Indian Country,'' as a result of this comment.
---------------------------------------------------------------------------

    \44\ Appendix A-4 to 40 CFR part 60--Test Methods 6 through 10B,
Method 9--Visual determination of the opacity of emissions from
stationary sources, https://www.ecfr.gov/cgi-bin/text-idx?SID=ff80e78b603d3fe6e25595510b35f885&mc=true&node=pt40.8.60&rgn=div5#ap40.8.60.a_67.
    \45\ Appendix A-7 to 40 CFR part 60--Test Methods 19 through
25E, Method 22--Visual determination of fugitive emissions from
material sources and smoke emissions from flares, https://www.ecfr.gov/cgi-bin/text-idx?SID=ff80e78b603d3fe6e25595510b35f885&mc=true&node=pt40.8.60&rgn=div5#ap40.8.60.a_67.
---------------------------------------------------------------------------

    One commenter pointed out that Condition 35 of the draft sawmill
facilities general permit, which requires an initial performance test
for fugitive emissions, references Condition 17 of the draft sawmill
facilities general permit, which applies to emissions units and not
sources of fugitive emissions. The EPA has corrected the final
``General Air Quality Permit for New or Modified Minor Source Sawmill
Facilities in Indian Country,'' which inadvertently applied only to
affected emission units. We have modified the final permit to also
require that sources of fugitive emissions not discharge into the
atmosphere any gases that exhibit 20 percent opacity or greater
averaged over any consecutive 6-minute period. These changes correct
the final ``General Air Quality Permit for New or Modified Minor Source
Sawmill Facilities in Indian Country,'' which requires an initial
performance test to verify compliance with its opacity limitations.
    One commenter stated that the testing requirements in Condition 37
of the draft sawmill facilities general permit for emergency engines
are excessive, especially for older engines. The EPA disagrees with the
commenter that the testing requirements for emergency engines are
excessive. The requirements in the permit only apply to engines that
have not been certified to the applicable standards in the permit. The
testing requirements are necessary to ensure that uncertified engines
under the permit comply with applicable limits in the permit.
    One commenter recommended revising Condition 40.b. of the draft
sawmill facilities general permit to read: ``For each kiln, monthly
throughput `by species' in Mbf.'' The EPA agrees with the commenter's
recommendation, which clarifies that records must be kept that reflect
the monthly throughput of the individual tree species because different
species release differing amounts of VOC. We have modified the final
``General Air Quality Permit for New or Modified Minor Source Sawmill
Facilities in Indian Country,'' accordingly.
    One commenter pointed out a circular reference in Condition 50.c.
of the draft sawmill facilities general permit. The commenter is
correct that Condition 50.c. in the draft general permit inadvertently
contained a circular reference. We have modified the ``Annual Reports''
Condition in the final ``General Air Quality Permit for New or Modified
Minor Source Sawmill Facilities in Indian Country'' to refer correctly
to the ``Deviation Reports'' Condition.
    One commenter noted that, in the request for coverage for the draft
sawmill facilities general permit, when the answer to a question would
invalidate the use of a general permit, the instructions sometimes
direct the applicant to contact the permitting authority for a source-
specific permit. However, in other instances the instructions do not
tell the applicant that they do not qualify for the general permit. The
EPA acknowledges that not all of the questions on the Request for
Coverage Form include a directive to contact the permitting authority
for a source-specific permit based on a particular answer. This
directive was only included for questions for which a specific ``yes''
or ``no'' answer would result in permittees not qualifying for the
sawmill facilities general permit. In the case of Question 19 in the
draft Request for Coverage Form, which was identified by the commenter
as an example, the question requests the distance of the facility from
the nearest property boundary or nearest residence. Because we are not
finalizing setback requirements for sawmill facilities, this question
has been removed from the Request for Coverage Form; therefore, the
commenter's concern regarding this particular question is moot.

B. Issues Concerning Aspects of Finalizing a General Permit/Permit by
Rule for Graphic Arts and Printing Operations

1. Proposed Rule
    In the July 17, 2014, proposed rule, we proposed two types of minor
NSR preconstruction permits to help streamline permitting of true minor
sources that construct or modify in Indian country and that belong to
one of six additional source categories. The first type of permit is a
general permit and the second type is a permit by rule. As our
preferred approach, we made available draft general permits for the six
source categories. As an alternative, for graphic arts and printing
operations, we requested comment on whether, in lieu of establishing a
general permit for the source category, we should instead adopt a
permit by rule.
    We requested comment on all aspects of a draft general permit or
proposed permit by rule for graphic arts and printing operations. We
noted that we might not finalize the draft general permit for graphic
arts and printing operations, if we finalized a permit by rule for the
source category. Alternatively, we indicated that we might opt to
finalize both permitting mechanisms for the source category, and might
tailor one of the permitting mechanisms to provide authorization to
construct or modify true minor sources (i.e., permit by rule) and
another to provide enforceable limitations to create synthetic minor
sources (i.e., general permit). We specifically requested comment on
this ``hybrid'' approach.
    In the proposal, we sought comments on all aspects of the draft
implementation tools we provided (e.g., general permit Request for
Coverage Form). The draft general permit application for graphic arts
and printing operations is more streamlined because sources in the
category represent more straightforward operations, largely involve one
air pollutant (i.e., VOCs) and, therefore, could necessitate less
intensive review for approval. The draft general permit application
form for the category asks for basic solvent usage information and
whether the source has complied or will comply with relevant
requirements. By contrast, the draft general permit applications for
concrete batch plants, engines, boilers and sawmill facilities request
more detailed technical information about the proposed facility in
question because these facilities are more complex and can involve
multiple operations and pollutants. The draft form was also intended to
serve as a Notification of Coverage Form for sources seeking coverage
under a permit by rule, should we have decided to issue one for this
category.
2. Summary of Comments, Responses and Final Action
    With respect to comments on the appropriateness of utilizing a
permit by rule for graphic arts and printing operations, responses are