Vol. 80 Friday, 

No. 84 May 1, 2015 

Part III 

Environmental Protection Agency 

40 CFR Part 49 

General Permits and Permits by Rule for the Federal Minor New Source 

Review Program in Indian Country for Five Source Categories; Final Rule 

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25068 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2011–0151; FRL–9919–85– 

OAR] 

RIN 2060–AQ95 

General Permits and Permits by Rule 

for the Federal Minor New Source 

Review Program in Indian Country for 

Five Source Categories 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. 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 two 

source categories: Hot mix asphalt 

(HMA) plants; and stone quarrying, 

crushing, and screening (SQCS) 

facilities. The EPA is also finalizing 

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 (GDFs), except in California; 

and petroleum dry cleaning facilities. 

The EPA is also taking final action 

authorizing the use of general permits 

established under the program to create 

synthetic minor sources for the HMA 

and SQCS source categories. 

DATES: The final rule is effective on June 

1, 2015. 

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 index. 

Although listed in the index, some 

information is not publicly available 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, the EPA/DC, 

William Jefferson Clinton West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20004. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air and 

Radiation Docket is (202) 566–1742. 

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 

(919) 541–0823, facsimile number (919) 

541–0072, email address: 

stoneman.chris@epa.gov. 

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 Indian Country Minor NSR Rule 

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. Permit Documents and Implementation 

Tools 

B. Requirements of the Endangered Species 

Act (ESA) and the National Historic 

Preservation Act (NHPA) 

C. Use of Streamlined General Permit 

Applications 

D. Administrative Aspects of General 

Permits 

E. Control Technology Review 

F. Use of Throughput Limits 

G. Setback Requirements 

H. Permit by Rule Regulatory Framework 

I. Use of General Permits and Permits by 

Rule To Create Synthetic Minor Sources 

J. Use of Both Permitting Mechanisms for 

Certain Source Categories 

K. Use of More Than One General Permit 

and/or Permit by Rule for a Source at a 

Single Location 

L. Additional Source Categories for General 

Permits and/or Permits by Rule 

M. Final Rule Changes to the Federal 

Indian Country Minor NSR Rule 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

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 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

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 Indian 

country as defined in 18 U.S.C. 1151 

where there is no EPA-approved 

program in place and that are subject to 

the requirements of the program: 

TABLE 1—SOURCE CATEGORIES

Industry category 

North American 

Industry 

Classification 

System 

Examples of regulated entities 

HMA Facilities .......................................... 324122 Asphalt Shingles and Coating Materials Manufacturing. 

324121 Asphalt Paving Mixture and Block Manufacturing. 

SQCS Facilities ....................................... 212311 Dimension Stone Mining and Quarrying. 

212312 Crushed and Broken Limestone Mining and Quarrying. 

212313 Crushed and Broken Granite Mining and Quarrying. 

212319 Other Crushed and Broken Stone Mining and Quarrying. 

212321 Construction Sand and Gravel Mining. 

Auto Body Repair and Miscellaneous 

Surface Coating Operations.

811121 Automotive Body, Paint, and Interior Repair and Maintenance. 

332812 Metal Coating, Engraving (Except Jewelry and Silverware), and Allied Services to 

Manufacturers. 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25069 

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-inindian-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 implementation of the minor 

NSR program in their area, and the EPA delegates 

the authority to assist the EPA to the tribe. 

3At 40 CFR 49.152(d), true minor source is 

defined as a source, not including the exempt 

emissions units and activities listed in § 49.153(c), 

that emits or has the potential to emit regulated 

NSR pollutants in amounts that are less than the 

major source thresholds in § 49.167 (Major NSR 

program for Nonattainment Areas) or § 52.21 

(Prevention of Significant Deterioration program), 

as applicable, but equal to or greater than the minor 

NSR thresholds in § 49.153, without the need to 

take an enforceable restriction to reduce its 

potential to emit 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 § 52.21(b)(1)(iii) of 40 CFR, 

as applicable. 

4At 40 CFR 49.152(d), synthetic minor source 

means a source that otherwise has the potential to 

emit regulated NSR pollutants in amounts that are 

at or above those for major sources in § 49.167, 

§ 52.21 or § 71.2, as applicable, but that has taken 

a restriction so that its potential to emit is less than 

such amounts for major sources. Such restrictions 

must be enforceable as a practical matter. 

5The general permits are available online at: 

http://www.epa.gov/air/tribal/tribalnsr.html and at 

Docket ID No. EPA–HQ–OAR–2011–0151. 

TABLE 1—SOURCE CATEGORIES—Continued 

Industry category 

North American 

Industry 

Classification 

System 

Examples of regulated entities 

GDFs ....................................................... 4471 Gasoline Stations. 

44711 Gasoline Stations without Convenience Stores. 

447110 Gasoline Stations with Convenience Stores. 

44719 Other Gasoline Stations. 

447190 Other Gasoline Stations. 

Petroleum Dry Cleaning Facilities ........... 812320 Dry Cleaning and Laundry Services (Except Coin-Operated). 

812310 Coin-Operated Laundries and Dry Cleaners. 

This list is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

potentially affected by this action. To 

determine whether your facility could 

be affected by this action, you should 

examine the applicability criteria in the 

final federal minor NSR program for 

Indian country, 40 CFR 49.153. If you 

have any questions regarding the 

applicability of this action to a 

particular entity, contact the person 

listed in the 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 in the regulations and 

standards section of our NSR home page 

located at http://www.epa.gov/nsr and 

on the tribal NSR page at http://www.

epa.gov/air/tribal/tribalnsr.html. 

II. Overview of the Final Rule 

In July 2011, the EPA issued the 

Federal Minor New Source Review 

Program in Indian Country rule 1 (the 

Federal Indian Country Minor NSR rule 

or Rule) that established, among other 

things, the requirements and process for 

the preconstruction permitting of minor 

sources in Indian country. Under the 

Rule, existing true minor sources were 

required to register with the EPA by 

March 1, 2013. True minor sources that 

commence construction after the Rule’s 

effective date must also register within 

certain timeframes spelled out in the 

Rule (40 CFR 49.160). In addition, 

beginning September 2, 2014, an owner 

or operator must obtain a 

preconstruction permit from the 

reviewing authority 2 if the owner/

operator will construct a new true minor 

source,3 will modify an existing true 

minor source in Indian country, or will 

modify an existing major source in 

Indian country. In addition, existing 

synthetic minor sources 4 beginning 

construction of minor modifications 

were required to obtain preconstruction 

permits under the rule beginning 

August 30, 2011. The rule also specified 

the process and requirements for using 

general permits as a streamlined 

permitting approach to authorize 

construction and modifications at true 

minor sources. General permits 

streamline the preconstruction 

permitting of new or modified true 

minor sources because they involve the 

issuance of one permit that can apply to 

multiple stationary sources that have 

similar emissions units. 

In today’s action, the EPA is finalizing 

the use of two types of minor NSR 

preconstruction permits to help 

streamline the EPA’s permitting of true 

minor sources—and synthetic minor 

sources in select source categories—that 

construct or modify in Indian country 

and belong to one of five different 

source categories. The first type of 

permit is a general permit. The second 

type is a permit by rule, which is 

another mechanism for streamlining the 

issuance of preconstruction permits. 

Permits by rule use a regulatory-type 

structure (i.e., the permit requirements 

are codified in the Code of Federal 

Regulations) to permit sources by preauthorizing construction and 

modification activities carried out in 

accordance with the codified 

requirements. To become covered by a 

permit by rule, as we are finalizing 

today, a source must notify the EPA that 

it meets the terms of coverage and is 

complying with the permit’s terms and 

conditions but does not need approval 

of a Request for Coverage. The source 

must also submit its Notification of 

Coverage Form in fulfillment of the 

minor source registration requirement in 

the Federal Indian Country Minor NSR 

rule (40 CFR 49.160(c)(1)(iii)). Once it 

has done so and the reviewing authority 

has posted the Notification of Coverage 

Form online, the source may commence 

construction of a new source or 

modification of an existing source. 

In this final action, we are finalizing 

general permits for HMA plants and 

SQCS facilities. We are finalizing 

permits by rule for GDFs (except for 

California), auto body repair and 

miscellaneous surface coating 

operations, and petroleum dry cleaning 

facilities.5 For permits by rule, we are 

finalizing the regulatory framework via 

rulemaking that: (a) Defines a permit by 

rule; (b) explains how we will issue 

them; (c) describes the process for 

granting coverage; and (d) provides the 

general and specific permit terms and 

conditions. For all of the permits we are 

finalizing today, we are providing the 

following implementation documents 

and tools: Questionnaires; Instructions; 

Potential to Emit (PTE) Calculators; and 

Background Documents. For the general 

permits we are finalizing today, we are 

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25070 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

6All of the implementation documents and tools 

are available online at: http://www.epa.gov/air/

tribal/tribalnsr.html. 

7Under the current Rule, a general permit 

becomes final either when the time for challenging 

the permit has expired or the review process for 

challenging a permit has been completed and the 

permit has been upheld. See 40 CFR 49.159. 

8 ‘‘Review of New Sources and Modifications in 

Indian Country,’’ U.S. Environmental Protection 

Agency, 71 FR 48696, August 21, 2006, http://www.

gpo.gov/fdsys/pkg/FR-2006-08-21/html/06- 

6926.htm. 

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-indiancountry. 

10The 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 Clean Air Act section 110 in nonreservation 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. 

11To develop and implement an EPA-approved 

program, under the Tribal Authority Rule a tribe 

must meet four requirements: (1) be a federallyrecognized tribe, (2) have a functioning government, 

(3) have the legal authority and (4) have the 

capacity to run the program. For more information 

go to: ‘‘Indian Tribes: Air Quality Planning and 

Management,’’ U.S. Environmental Protection 

Agency, 63 FR 7254, February 12, 1998, http://

www.gpo.gov/fdsys/pkg/FR-1998-02-12/pdf/98- 

3451.pdf. 

12Under tribal law, tribes can also establish 

permit fees under a tribal permitting program as do 

most states. 

13A 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 rule 

and the reasonable possibility MRR requirements of 

the major NSR program(s). 

providing Request for Coverage Forms 

(applications). For the permits by rule 

we are finalizing today, we are 

providing Notification of Coverage 

Forms.6

In this action, the EPA is also 

finalizing the use of general permits to 

create synthetic minor sources for the 

HMA and SQCS source categories. We 

have decided to issue final general 

permits for these two categories (and not 

the three others) that involve more 

complex operations and multiple 

pollutants because the general permit 

approval process provides an 

opportunity for case-specific reviewing 

authority review. Because permits by 

rule do not provide for the same level 

of review, the EPA is not finalizing the 

use of permits by rule to create synthetic 

minor sources. Finally, in this action we 

are promulgating three minor 

amendments to the Federal Indian 

Country Minor NSR rule. One 

amendment will allow sources to use a 

general permit immediately upon the 

permit becoming final.7 The second and 

third amendments ensure that it is clear 

the permit by rule is an option available 

to true minor sources that are required 

to obtain a minor NSR permit. 

III. Background 

A. Federal Indian Country Minor NSR 

Rule 

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’’ (commonly referred to 

as the Federal Indian Country NSR 

rule).8 Within this proposed regulation, 

the EPA proposed to protect air quality 

in Indian country, as defined in 18 

U.S.C. 1151, by establishing a federal 

implementation plan (FIP) program to 

regulate, among other matters, the 

modification and construction of minor 

stationary sources consistent with the 

requirements of section 110(a)(2)(c) of 

the Clean Air Act (CAA). We refer to 

this part of the Federal Indian Country 

NSR rule as the Federal Indian Country 

Minor NSR rule. Under the Federal 

Indian Country Minor NSR rule, we 

proposed to fill a regulatory gap and 

provide a mechanism for issuing 

preconstruction permits for the 

construction of new minor sources and 

certain modifications of major and 

minor sources in Indian country. We 

promulgated final rules on July 1, 2011,9

and the FIP became effective on August 

30, 2011. 

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 EPAapproved program in place. Tribes can 

elect to develop and implement their 

own EPA-approved program under the 

Tribal Authority Rule,11 but they are not 

required to do so.12 In the absence of an 

approved tribal program, EPA 

implements this program. Alternatively, 

tribes can take delegation of the program 

from EPA and become the reviewing 

authority. 

Beginning September 2, 2014, any 

new stationary sources that will emit, or 

will have the PTE, a regulated NSR 

pollutant in amounts that will be: (a) 

Equal to or greater than the minor NSR 

thresholds, established in the Federal 

Indian Country Minor NSR rule; and (b) 

less than the amount that would qualify 

the source as a major source or a major 

modification for purposes of the 

Prevention of Significant Deterioration 

(PSD) or nonattainment major NSR 

programs, must apply for and obtain a 

minor NSR permit before beginning 

construction of the new source. 

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 

threshold amounts, if the change does 

not otherwise trigger the permitting 

requirements of the PSD or 

nonattainment major NSR program(s).13

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 

potential to emit, regulated NSR 

pollutants in amounts that are less than 

the major source thresholds under either 

the PSD Program at 40 CFR 52.21, or the 

Federal Major New Source Review 

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 § 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 § 52.21(b)(1)(iii) of 40 CFR, 

as applicable. By contrast, ‘‘synthetic 

minor source’’ means a source that 

otherwise has the potential to emit 

regulated NSR pollutants in amounts 

that are at or above those thresholds 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? 

A general permit, for purposes of this 

action, is a permit document that 

contains standardized requirements that 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25071 

14 ‘‘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-inindian-country. 

15 If a tribe develops an EPA-approved 

implementation plan, then under that plan it could 

also issue its own general permits. 

16On July 17, 2014, the EPA published a second 

proposed rule to simplify the permitting process for 

six source categories: Concrete batch plants, boilers, 

stationary spark ignition engines, stationary 

compression ignition engines, graphic arts and 

printing operations, and sawmills. This second 

proposed rule can found at: ‘‘General Permits and 

Permits by Rule for the Federal Minor New Source 

Review Program in Indian Country,’’ 79 FR 41846, 

July 17, 2014, http://www.gpo.gov/fdsys/pkg/FR2014-07-17/pdf/2014-16814.pdf. EPA will finalize 

permits for these six source categories in a separate 

action. 

17 ‘‘Review of New Sources and Modifications in 

Indian Country Amendments to the Registration 

and Permitting Deadlines for True Minor Sources,’’ 

79 FR 34231, June 16, 2014, http://www.gpo.gov/

fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf. 

multiple stationary sources can use. The 

Federal Indian Country Minor NSR rule 

specified the process and requirements 

for using general permits to authorize 

construction and modifications at minor 

sources as a streamlined permitting 

approach. The EPA may issue a general 

permit for categories of emissions units 

or stationary sources that are similar in 

nature, have substantially similar 

emissions, and would be subject to the 

same or substantially similar permit 

requirements.14 ‘‘Similar in nature’’ 

refers to size, processes, and operating 

conditions. The purpose of a general 

permit is to provide for protection of air 

quality while simplifying the 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 sitespecific permitting process. 

While the final Federal Indian 

Country Minor NSR rule contemplated 

issuance of general permits by the EPA 

Regional Offices,15 we have determined 

(for the permits on which we are taking 

final action) 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 sources 

construct, modify and operate. 

4. What is a permit by rule? 

Like a general permit, a permit by rule 

is a standard set of requirements that 

can apply to multiple stationary sources 

with similar emissions characteristics. 

For purposes of this action, a permit by 

rule would differ from a general permit 

in that the agency would codify a permit 

by rule directly into the Federal Indian 

Country Minor NSR rule. The process 

for a source to gain coverage under a 

permit by rule is more streamlined 

compared to a general permit, or a sitespecific permit. The permits by rule 

program establishes a more streamlined 

notification of coverage process that 

allows an individual applicant to notify 

the reviewing authority that it meets the 

eligibility criteria for the permit and the 

permit conditions rather than have to go 

through a reviewing authority review 

and approval process. This 

‘‘notification’’ process streamlines 

permitting for eligible sources and 

makes it easier for the reviewing 

authority to implement the permit by 

rule program compared to traditional 

site-specific permits and standard 

general permits. 

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 January 14, 2014 (79 FR 2545), 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 

five source categories: HMA plants, 

SQCS facilities, auto body repair and 

miscellaneous surface coating 

operations, GDFs (except in California), 

and petroleum dry cleaning facilities.16

The proposed action is intended to 

ensure that air quality in Indian country 

is protected by facilitating the 

implementation of the Federal Indian 

Country Minor NSR rule issued by the 

EPA in July 2011. 

As the preferred approach, the EPA 

proposed draft general permits for new 

or modified minor sources in the 

following five categories of emission 

sources: HMA plants, SQCS facilities, 

GDFs, auto body repair and 

miscellaneous surface coating 

operations, and petroleum dry cleaning 

facilities. As an alternative approach, 

we proposed a permit by rule for new 

or modified minor sources in three of 

the five source categories: GDFs, auto 

body repair and miscellaneous surface 

coating operations, and petroleum dry 

cleaning facilities. We also proposed 

five changes to the following provisions 

in the Federal Indian Country Minor 

NSR rule: § 49.151(c)(1)(iii)(B); 

§ 49.156(e); and § 49.160(c)(1)(ii) and 

(c)(1)(iii). The changes are: 

(a) Shortening the general permit 

application review process from 90 to 

45 days for certain source categories; 

(b) Adjusting the deadline by which 

minor sources covered by a general 

permit need to obtain a preconstruction 

permit; 

(c) Extending the permitting deadline 

for true minor sources within the oil 

and gas source category; 

(d) Removing a provision to make 

clear that sources may seek coverage 

under a general permit as soon as it is 

effective and need not wait an 

additional 4 months; and 

(e) Adjusting the deadline for oil and 

gas sources for certain registrationrelated requirements to be consistent 

with the proposed permitting deadline 

extension. 

2. Previously Finalized Actions From 

the January 14, 2014, Proposal 

In a final rulemaking dated May 22, 

2014, and published June 16, 2014,17

the EPA amended the Federal Indian 

Country Minor NSR rule by finalizing 

the following three actions: 

• Adjusted the deadline by which 

minor sources covered by a general 

permit need to obtain a preconstruction 

permit by eliminating a requirement for 

all true minor sources that begin 

operation before September 2, 2014, to 

obtain a minor NSR permit 6 months 

after the EPA publishes a general permit 

(no general permits have been finalized 

to date, so the provision is now moot; 

item (b) above) (§ 49.151(c)(1)(iii)(B)); 

• Extended the permitting deadline 

for true minor sources within the oil 

and gas source category (item (c) above) 

(§ 49.151(c)(1)(iii)(B)); and 

• Adjusted the deadline for oil and 

gas sources for certain registrationrelated requirements to be consistent 

with the proposed permitting deadline 

extension (item (e) above) 

(§ 49.151(c)(1)(iii)(A); § 49.160(c)(1)(ii) 

and (c)(1)(iii)). 

IV. Final Rulemaking Action 

This section outlines the major areas 

where we sought comment in the 

January 14, 2014, proposal, highlights 

our responses and describes our final 

action in those areas. The complete 

Response to Comments Document (RTC) 

can be found in docket EPA–HQ–OAR– 

2011–0151 and contains more detailed 

summaries of the comments we received 

and our responses to them. As noted in 

Section III. Background, we have 

already responded to some of the 

comments made on the January 14, 

2014, proposal in the final action we 

took on May 22, 2014. In addition, as 

noted below, we will address comments 

related to the permitting of minor 

sources in the oil and natural gas sector 

in the context of the EPA’s follow up to 

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18 ‘‘Managing Emissions from Oil and Natural Gas 

Production Indian Country,’’ 79 FR 32502, June 5, 

2014, http://www.gpo.gov/fdsys/pkg/FR-2014-06- 

05/pdf/2014-12951.pdf. 19The document is available online at: http://

www.epa.gov/air/tribal/tribalnsr.html and at: 

Docket ID No. EPA–HQ–OAR–2011–0151. 

20Estimates of emissions take into account 

equipment, operating conditions, and air pollution 

control measures and are calculated using the 

actual operating hours, production rates, in-place 

control equipment, and types of materials 

processed, stored, or combusted during the 

preceding calendar year. 

21 ‘‘General Permits and Permits by Rule for the 

Federal Minor New Source Review Program in 

Indian Country,’’ 79 FR 41846, July 17, 2014, 

http://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/

2014-16814.pdf. 

an Advance Notice of Proposed 

Rulemaking 18 (ANPR). In the ANPR, we 

sought feedback on how to address 

minor source NSR permitting for oil and 

natural gas sources in Indian country. 

A. Permit Documents and 

Implementation Tools 

1. Proposed Rule 

As our preferred approach, the EPA 

proposed 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 five source categories: HMA 

plants, SQCS facilities, auto body repair 

and miscellaneous surface coating 

operations, GDFs, and petroleum dry 

cleaning facilities. In the alternative, we 

also proposed permits by rule for use in 

Indian country for new or modified 

minor sources for three of the five 

source categories: Auto body repair and 

miscellaneous surface coating 

operations, GDFs, and petroleum dry 

cleaning facilities. Overall, we sought 

comment on all aspects of the permit 

documents and implementation tools 

for these five source categories. 

Specifically, Section VI. Summary of 

Specific Terms and Conditions of the 

General Permits and Request for 

Comment of the January 14, 2014, 

proposal, provided a summary of the 

specific terms and conditions of the 

general permits and indicated specific 

areas where we requested comment. 

Detailed responses to the comments on 

the permits and related tools and 

documents are addressed in Sections 3.1 

to 3.5 of the RTC Document.19

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of what the EPA considers to be the 

most significant comments received and 

our responses to those comments. 

Overall, on our January 14, 2014, 

proposal, we received 26 comments: 13 

from industry (or their representatives), 

11 from tribes (or their representatives), 

1 from a local air quality agency and 1 

from a state environmental agency. 

Overall, based in part on our review 

of the comments, in this final action the 

EPA is issuing general permits for two 

source categories: HMA plants and 

SQCS facilities. These are available at: 

http://www.epa.gov/air/tribal/

tribalnsr.html. We are also promulgating 

permits by rule for three source 

categories: Auto body repair and 

miscellaneous surface coating 

operations, GDFs, and petroleum dry 

cleaning facilities. These are available in 

this Federal Register notice and will be 

codified at 40 CFR 49.162. For all of 

these permits, the implementation tools 

and documents are available at: http:// 

www.epa.gov/air/tribal/tribalnsr.html. 

The tools and documents are: Request 

for Coverage Forms (applications for 

general permits); Notification of 

Coverage Forms (permits by rule); 

Questionnaires; Instructions; PTE 

Calculators and Background Documents. 

The following sections provide an 

abbreviated summary of significant 

comments on the proposed draft permits 

for the five source categories addressed 

in this final rule and our responses. In 

our final action, based in part on our 

review of the comments, we have made 

changes to the terms and conditions for 

the two draft general permits and the 

three proposed permits by rule and to 

the related implementation tools in the 

following areas: Setback requirements; 

throughput limits; various control 

requirements; and enhancements and 

clarifications to the implementation 

tools. 

(a) Overview of Changes to 

Implementation Tools and Permits 

In response to public comments, we 

are making the following changes to the 

implementation tools: 

(1) Retitled the implementation tools 

for the three categories for which we are 

promulgating permits by rule to reflect 

that they are not general permits but are, 

in fact, permits by rule; 

(2) For the Notification of Coverage 

Forms for the three permits by rule we 

are promulgating today, we have added 

requirements for (a) a list of equipment 

that will be present at the new or 

modified source; (b) PTE; (c) at existing 

sources, estimated annual emissions 

based on actual operating conditions 

and equipment 20 to satisfy the minor 

source registration requirement of 

§ 49.160; and (d) clarified that sources 

covered by the permits by rule must also 

register under § 49.160 and that 

submittal of the Notification of Coverage 

Form satisfies that requirement; 

(3) For the permits by rule, we have 

separated the screening processes from 

the Notification of Coverage Forms and 

created a separate document, 

‘‘Procedures to Address Threatened and 

Endangered Species and Historic 

Properties for New or Modified True 

Minor Sources in Indian Country 

Seeking Air Quality Permits by Rule’’; 

(4) For the Request for Coverage 

Forms for the two general permits we 

are promulgating today, we have added 

a request for estimates of PTE and, at 

existing sources, actual emissions to 

satisfy the minor source registration 

requirement of § 49.160; clarified that 

sources covered by the general permits 

rule must also register under § 49.160 

(submittal of the Request for Coverage 

Form satisfies that requirement); and 

added a section in which a source can 

list multiple source locations in which 

a portable source is planning to locate 

and for which it wants reviewing 

authority approval; 

(5) For the instructions and 

questionnaires, we have made the 

changes necessary to reflect the changes 

made to the Notification of Coverage 

Forms and Request for Coverage Forms; 

(6) For the questionnaires, to avoid 

confusion and redundancy with the 

eligibility criteria provided in the 

Notification of Coverage Forms and 

Request for Coverage Forms, we have 

removed the list of eligibility criteria at 

the front of the documents; and 

(7) For the background documents, we 

have made the changes necessary to 

reflect the changes made to permit 

requirements in areas such as setbacks 

and throughput limits (see Sections 

IV.F. and IV.G. below for more detail). 

In addition, we have made some 

changes in the permits being finalized 

in this action as a result of comments 

received on the July 17, 2014, proposed 

rule we issued for general permits and 

permits by rule in Indian country.21

These changes concern general 

provisions in the permits and, thus, 

need to be reflected in all of the final 

permits from both proposals. 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 five 

source categories covered by this action 

that it is the responsibility of the new 

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22The Change in Ownership condition in Section 

6 of the proposed permits by rule has been dropped 

from the final permits by rule because there is no 

Approval of Coverage to change for permits by rule. 

23Comments received on throughput limits and 

setback requirements for the HMA plants and SQCS 

facilities general permits are addressed in Sections 

IV.F. and IV.G., respectively. 

24For federal purposes, BACT is a requirement 

for major sources under the PSD Program. However, 

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. 

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 

the permits, we have also modified two 

Change in Ownership conditions 22 that 

appear in §§ 49.162(d)(5)(ii), 

49.163(d)(5)(ii), and 49.164(d)(5)(ii) to 

include the word ‘‘operator’’ to clarify 

that these conditions also cover a 

change in operators where ownership of 

the equipment is the same. 

One commenter stated that the term 

‘‘Responsible Official’’ should be 

defined to ensure truth, accuracy and 

completeness of required reports. In 

response to the comment, EPA has 

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, 

EPA is revising the permits to exclude 

the requirement that the General Permit 

must be posted. Posting of the Approval 

of the Request for Coverage is required 

under 40 CFR 49.156(e)(6), but the 

General Permit itself is not required 

under the regulation to be posted and 

only needs 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 of equipment covered 

under the General Permit by any 

potential inspectors. Therefore, EPA is 

finalizing the labeling requirements as 

proposed. 

(b) Hot Mix Asphalt Plants and Stone, 

Quarrying, Crushing, and Screening 

Facilities 

The EPA received numerous 

comments 23 on the draft General Air 

Quality Permit for New or Modified 

True Minor Source Hot Mix Asphalt 

Facilities in Indian Country and the 

related implementation tools. 

One commenter recommended that 

the EPA use South Coast Air Quality 

Management District (SCAQMD) 

documents to develop some of the 

standards for asphalt plant equipment. 

We did consider SCAQMD rules when 

we developed some of the 

nonattainment area emission 

requirements in the HMA general 

permit because many of the nation’s 

tribal nonattainment areas are in 

California. One commenter 

recommended that asphalt batch plants, 

process heaters, and storage tanks also 

be subject to Best Available Control 

Technology (BACT24). We agree that 

additional requirements for combustion 

units and asphalts tanks at HMA plants 

planning to locate or modify in 

nonattainment areas is appropriate and, 

accordingly, have modified the HMA 

general permit to include additional 

requirements for combustion units and 

asphalt tanks for nonattainment areas. 

One commenter recommended that 

the EPA add a requirement for hot 

asphalt conveying, mixing, and truck 

load out to have ‘‘Blue Smoke Control.’’ 

The EPA considers the proposed opacity 

limits and weekly opacity monitoring 

requirements to be adequate for 

controlling visible emissions from HMA 

facilities. Two commenters stated that 

the requirements to submit annual 

compliance and deviation reports are 

overly cumbersome when compared to 

state requirements applicable 

immediately outside reservations. The 

EPA notes that the provision requiring 

submittal of annual compliance 

monitoring and deviation reports is 

included in the Federal Indian Country 

Minor NSR rule itself and is, therefore, 

properly included in general permits. 

Commenters noted that, while the 

EPA used existing state general permits 

as the standard for the proposed HMA 

general permit, it picked more stringent 

permit requirements from the state 

permits reviewed, and created overly 

burdensome and duplicative 

requirements, creating an economic 

disadvantage for operators on tribal 

lands. The EPA notes that the primary 

purpose of a preconstruction review 

program is to protect air quality. The 

EPA believes that establishing a 

reasonable level of equality between 

what is required of sources locating in 

Indian country and sources locating 

outside of Indian country is an 

important secondary consideration; 

however, it is challenging to develop a 

single general permit for use across all 

tribal lands that would adequately 

protect air quality and create a perfectly 

level playing field. 

Two commenters stated that the EPA 

failed to recognize that many HMA 

plants are portable in operation, and 

that the proposed general permit does 

not allow the flexibility necessary to 

easily relocate HMA plants. The EPA 

notes that the proposed HMA general 

permit includes provisions allowing 

relocation of the HMA facility as long as 

the alternate location(s) is (are) 

identified in the Approval of the 

Request for Coverage. For HMA 

facilities (and SQCS facilities), three 

commenters recommended that the EPA 

adopt an approach based on generalized 

relocation criteria that would not 

require identification of specific 

locations. The EPA disagrees with the 

commenters. The purpose of the 

preconstruction permitting program is 

to protect air quality and a 

determination of whether that goal is 

actually being met is dependent on 

knowing where a particular facility is 

going to be located. The EPA has, 

however, revised the Request for 

Coverage Form to clarify that the 

applicant may identify multiple 

locations for which the applicant is 

seeking coverage under the General 

Permit, including potential future 

locations. 

One commenter stated that requiring 

operators to submit to the EPA a notice 

of construction each time the facility 

begins or resumes operations provides 

unnecessary enforcement risk to 

operators on tribal lands and should be 

stricken from the proposed HMA 

general permit. The EPA considers these 

notifications necessary to document 

when the requirements in the permit 

become applicable. Two commenters 

recommended that the EPA recognize an 

existing stack test on the same facility 

approved by an adjoining state agency, 

as stack tests are expensive, and the 

HMA industry has thin (profit) margins, 

creating an economic disadvantage for 

operators on tribal lands. The EPA has 

determined that it will allow a previous 

performance test that meets the 

performance test requirements 

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25The background documents are available 

online at: http://www.epa.gov/air/tribal/

tribalnsr.html and at Docket ID No. EPA–HQ–OAR– 

2011–0151. 

26The final general permits are available online 

at: http://www.epa.gov/air/tribal/tribalnsr.html and 

at Docket ID No. EPA–HQ–OAR–2011–0151. 

27Subpart 4, which contains the provisions 

governing requirements for PM nonattainment 

areas, provides for only moderate and serious 

classifications. 

identified in the HMA general permit to 

be used in lieu of an initial performance 

test, as long as conditions that might 

affect the facility’s performance have 

not changed since the previous 

performance test was conducted. 

One commenter stated that the 

restriction on HMA plants locating in 

severe and extreme ozone 

nonattainment areas and serious carbon 

monoxide (CO) nonattainment areas 

would place a restraint on any Indian 

tribe in these areas that might want to 

establish or attract an HMA plant for 

economic development purposes. The 

EPA notes that in severe and extreme 

ozone nonattainment areas, the air 

quality is already considerably degraded 

and that any additional impacts 

associated with a new facility must, 

therefore, be carefully evaluated before 

allowing construction to proceed. 

Although the EPA considered 

throughput limits for facilities locating 

in severe and extreme ozone 

nonattainment areas, we determined 

that these limits would need to be set at 

very low levels and would not provide 

sufficient flexibility for sources. The 

EPA revised the proposed HMA general 

permit to allow sources locating in 

serious CO nonattainment areas to be 

eligible for the permit, but maintained 

the exclusion for severe and extreme 

ozone nonattainment areas. 

Two commenters noted that the 

proposed HMA permit requirements 

create major-source like requirements 

for true minor sources and synthetic 

minor sources, and noted that the 

proposed HMA general permit is a very 

complex permit for a not very complex 

industry. The EPA believes that the 

conditions in the general permit for this 

source category are appropriate. The 

complexity of this source category is 

demonstrated by there being multiple 

pieces of equipment and/or processes 

and pollutants and it being typically 

collocated with SQCS facilities. 

Protecting air quality for sources in such 

a source category necessitates a more 

comprehensive and specific set of 

emissions limitations and standards and 

associated requirements. It is important 

to also keep in mind that a comparison 

of the requirements in the EPA’s 

proposed HMA general permit and the 

limits listed in Attachment A of the 

HMA background document 25

demonstrate that the EPA’s proposed 

general permit for HMA plants is not the 

most stringent, nor the least stringent, in 

the country for HMA plants. The EPA’s 

limits on throughput, fuel use, fuel 

sulfur content, nitrogen oxides 

emissions, CO emissions, and 

particulate matter (PM) emissions for 

attainment, unclassifiable or attainment/ 

unclassifiable areas are all within the 

range of limits established by states in 

their general permits. 

Two commenters noted that the EPA 

did not provide any opportunity to use 

on-specification waste oil or used oil, 

which is common in the asphalt 

industry, and could create an economic 

disadvantage for operators on tribal 

lands. Another commenter stated that 

the HMA permit sulfur content limit for 

liquid fuels (<0.0015 percent sulfur) is 

a very stringent on-road fuel standard 

being applied to stationary or non-road 

equipment, and that this creates a 

disadvantage for operations on tribal 

land. The EPA has accounted for the use 

of waste oil and recycled oil in the 

definition of ‘‘distillate fuel’’ in 

Attachment B to the final General 

Permit.26 ‘‘Distillate fuel’’ is defined as 

‘‘fuel oils, including recycled oils that 

comply with the specifications for fuel 

oil numbers 1 and 2, as defined by 

ASTM 396, or equivalent.’’ Regarding 

sulfur content limits, we have limited 

the sulfur content for all fuels used to 

less than 0.0015 percent sulfur in order 

to maintain consistency with the current 

fuel standards for sulfur in 40 CFR 

80.510, which are already required for 

engines under NSPS subpart IIII 

(Stationary Compression Ignition 

Internal Combustion Engines) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

subpart ZZZZ (Stationary Reciprocating 

Internal Combustion Engines). One 

commenter noted that the EPA created 

duplicative requirements for engines 

that already have extensive federal 

requirements applicable through EPA 

engine standards: NSPS, Maximum 

Achievable Control Technology 

(MACT), and on-road engine rules. The 

EPA acknowledges that the permit 

includes requirements for engines that 

are covered by NSPS and NESHAP 

engine rules. However, we did not 

simply duplicate the NSPS and 

NESHAP requirements in the permits. 

Instead, we conducted a case-by case 

control technology review of the source 

category and established engine 

requirements that are consistent with 

the NSPS and NESHAP requirements. 

This approach is consistent with the 

requirement of the Federal Indian 

Country Minor NSR rule, which 

requires that each permit include 

applicable emission limitations that 

assure each affected emissions unit will 

comply with all requirements of parts 

60, 61 and 63. 

One commenter stated that fuel 

consumption limits are overly 

burdensome and unnecessary for 

determining compliance with the HMA 

general permit, and recommended that 

they be removed from the General 

Permit. The EPA is retaining the fuel 

consumption limits in the final general 

permit in lieu of ton-per-year emission 

limits because tracking fuel use is easier 

for sources and, thus, reduces the 

burden of having to calculate and track 

emissions. Two commenters noted that 

the EPA did not provide any allowance 

or justification for not allowing wet 

scrubbers for particulate controls when 

they may be allowed on adjoining state 

lands, creating an economic 

disadvantage for operators on tribal 

lands. The EPA agrees with the 

commenter and has added provisions to 

the HMA general permit to allow for the 

use of a wet scrubber in appropriate 

circumstances. One commenter 

recommended that the EPA remove the 

provision requiring that extra bags and 

spare parts be maintained onsite, and 

allow operators the choice to shut down 

a facility that has a torn bag in the 

baghouse until a replacement is 

transported to the site. The EPA agrees 

with the commenter and has modified 

the permit to suggest the permittee 

maintain extra bags and spare parts on 

site to ensure timely repair. However, 

replacements bags can be transported on 

site when needed. In either case, the 

permittee must shut down the facility 

until a replacement bag is installed. 

The EPA received numerous 

comments on the draft General Permit 

for New or Modified True Minor Source 

Stone Quarrying, Crushing and 

Screening Facilities in Indian Country 

and the related implementation tools. 

Two commenters stated that a monthly 

total emissions limitation based on a 30- 

day rolling total would be appropriate 

since an SQCS facility can relocate 

much like an HMA plant, and even 

perhaps to an area in nonattainment for 

PM10. One commenter recommended 

that, as an alternative, the EPA could 

retain the 12-month period limits on 

raw material throughput but establish 

different throughput production limits 

for areas in attainment and for areas in 

serious, severe, or extreme 

nonattainment for PM.27 The EPA has 

considered the commenters’ suggestion 

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28The comments we received also apply to the 

Air Quality Permit by Rule for New or Modified 

True Minor Source Auto body Repair and 

Miscellaneous Surface Coating Operations in Indian 

Country that the EPA proposed in the alternative. 

Continued 

and agrees that the approach used in the 

HMA general permit is appropriate for 

SQCS facilities since they often also 

need to relocate and are frequently 

collocated with HMA plants. The EPA 

replaced the proposed annual 

throughput limit with monthly 

throughput limits for both raw material 

and fuel. The limits are set at a level 

which will generally keep the combined 

emissions of a collocated SQCS facility 

and a HMA plant at a level that does not 

trigger title V applicability (see Section 

IV.K. Use of More Than One General 

Permit and/or Permit by Rule for a 

Source at a Single Location). The 

general permits for both HMA plants 

and SQCS facilities are written for use 

by both true minor sources and 

synthetic minor sources. The permits 

contain one set of requirements for each 

that apply to true minor sources and 

synthetic minor sources and include a 

margin of safety between the permitted 

throughput limit and the major source 

thresholds (see Section IV.I. Use of 

General Permits and Permits by Rule to 

Create Synthetic Minor Sources). In 

addition, the control technology 

determinations proposed are contained 

in the final general permits. They cover 

a myriad of emissions points at sources 

in these categories, including engines, 

mixers, dryers, and heaters. 

One commenter recommended that 

the EPA consider SCAQMD Rule 1157 

to address particulate emissions from 

SQCS equipment. The EPA has 

reviewed Rule 1157 and notes that the 

draft permit conditions appear to be at 

least as stringent as those suggested by 

the commenter. One commenter noted 

that the draft general permit assumes 

that all engines used for this operation 

would be diesel-fired compression 

ignition engines and asked why 

provisions for spark ignition (SI) 

engines and the use of other fuels were 

not included. The EPA has not included 

provisions for SI engines in the final 

SQCS permit because the EPA believes 

that it is unlikely that many minor 

sources in this source category are using 

SI engines. Electricity for the motors 

running the crushers, screens, and 

conveyors at SQCS facilities is provided 

either by grid electric power or by diesel 

engines. Diesel engines are preferred in 

this source category because of their 

improved efficiency and reliability in 

these heavy work-intensive, industrial 

applications versus SI engines. In the 

EPA’s view, adding SI engines to the 

SQCS general permit is, therefore, not 

necessary. 

One commenter recommended that 

the general permit reference the 

specifics of compliance such as stack 

testing and emission limits to the NSPS 

and MACT requirements in the federal 

regulations. The EPA notes that the 

emission limitations in the SQCS 

general permit are intended to ensure 

compliance with the applicable NSPS 

and NESHAPs for this source category, 

as required by the Federal Indian 

Country Minor NSR rule. However, the 

EPA’s pre-construction permitting 

program under the Federal Indian 

Country Minor NSR rule is not an 

operating permit program. The terms 

and conditions in permits issued 

pursuant to the Federal Indian Country 

Minor NSR rule are enforceable 

independent of the NSPS and NESHAP 

requirements. 

Two commenters stated that the 

requirements in the SQCS permit can be 

damaging to tribal member-owned 

companies and may cause them to go 

out of business. The EPA does not 

believe that the requirements in the 

SQCS permit will be damaging to tribal 

member-owned companies. During the 

development of the draft permit, the 

EPA conducted research to identify, 

review and incorporate similar 

throughput limits, fuel usage limits, fuel 

sulfur limits, fugitive dust suppression 

methods, and engine emission and 

opacity limitations in state-issued 

permits. Based on this analysis, we have 

determined that the emission 

limitations and controls proposed in the 

general permit for both attainment and 

nonattainment areas are consistent with 

what is required of similarly located 

SQCS facilities across the country and, 

therefore, would not present an unfair 

or undue burden for tribal memberowned sources. 

The EPA received comments on 

whether to establish a single, combined 

permit for HMA and SQCS facilities. 

One commenter stated its preference for 

a permitting approach that requires each 

HMA plant and SQCS facility to request 

coverage under its own general permit, 

rather than placing both sources under 

one general permit. Another commenter 

stated that collocation of HMAs and 

SQCSs is quite probable, but believed 

that they cannot be combined and 

permitted in one permit. One 

commenter did not support offering a 

single permit for both facilities because 

most often it would be two different 

companies. One commenter 

recommended that HMAs and SQCSs be 

permitted separately, but when operated 

at the same location and utilizing 

materials from one operation to another 

that they combine (and limit) the 

emissions (as if they were one source) 

to protect the airshed without creating 

an emissions loophole. Another 

commenter recommended that a single 

general permit should be issued 

covering sources that are co-located in 

addition to issuing separate general 

permits for each source, noting that the 

requirement for co-located sources 

would be used to ensure that the two 

sources’ combined emissions are below 

the major source thresholds. 

The EPA has considered the concerns 

and recommendations of commenters 

and has determined that it is 

appropriate to maintain separate 

permits for HMA and SQCS sources 

even when they are co-located. In the 

final HMA and SQCS general permits, 

however, the EPA is providing 

alternative throughput and fuel limits 

for instances where an HMA operation 

and an SQCS operation are co-located 

and the owner/operator wants to ensure 

that combined emissions are below the 

title V permitting thresholds. Each 

source should contact its reviewing 

authority if it intends to rely on the 

emission limitations and standards in 

the HMA and SQCS general permits to 

prevent having to obtain a title V 

permit. The Request for Coverage Forms 

were revised to allow applicants to 

request the co-location option. 

In addition, the co-location option for 

these source categories is not available 

in serious, severe and extreme ozone 

nonattainment areas. For severe and 

extreme areas, the co-location option is 

not available because the HMA general 

permit alone is not available in those 

areas because the major stationary 

source thresholds are very low in these 

types of areas, and we do not envision 

that any minor source HMA plants 

would be able to meet the thresholds 

through a general permit. Similarly, for 

serious areas, in trying to set co-location 

limits for these source categories that 

are set low enough to meet the 50 tons 

per year major source threshold for 

serious areas, we found that we would 

have to set the throughput limits at 

levels so low that we do not envision 

minor, co-located sources being able to 

meet the limits. In these cases, we 

believe that co-location is more 

appropriately handled for these sources 

thorough a site-specific permit. 

(c) Auto Body Repair and Miscellaneous 

Surface Coating Operations 

The EPA received numerous 

comments on the draft General Air 

Quality Permit for New or Modified 

True Minor Source Auto body Repair 

and Miscellaneous Surface Coating 

Operations in Indian Country 28 (the 

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25076 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

In this final action, we are promulgating a permit 

by rule for the auto body source category. 

29For federal purposes BACT is a requirement for 

major sources under the PSD Program. However, 

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. 

Auto body General Permit) and the 

related implementation tools. One 

commenter recommended that, for 

ozone nonattainment regions, the EPA 

should consider requiring the most 

stringent emissions limitation or 

installation of BACT based on the 

requirements of the neighboring air 

district regardless of a facility’s PTE or 

throughput, and recommended that the 

EPA use the most recent version of the 

SCAQMD BACT requirements for 

serious, severe, and extreme ozone 

nonattainment regions. The EPA has 

incorporated many of the SCAQMD 

BACT29 requirements, as well as 

amended volatile organic compound 

(VOC) content limits, into the Permit by 

Rule that we are finalizing for this 

source category versus a general permit. 

We did not include requirements for 

activities that we do not expect to be 

located at sources eligible for this 

permit by rule. 

One commenter stated that the 

materials-use provisions in the draft 

Auto body General Permit are unclear, 

while another commenter recommended 

that the EPA specify the coating VOC 

content limits in grams per liter or 

pounds (lbs) per gallon, excluding 

water. The EPA based the material-use 

provisions in the draft Auto body 

General Permit on a worst-case VOC 

content limit of 8.34 lbs per gallon and 

then limited use to 5,000 gallons of 

materials with a VOC content of 8.34 lbs 

per gallon or less per year. As 

recommended, the EPA has also 

specified coating content limits in grams 

per liter. One commenter recommended 

that an emission limit based on the 

Federal Indian Country Minor NSR rule 

ton per year permitting thresholds be 

used instead of a throughput limitation. 

The EPA chose to include limitations on 

material use in lieu of ton-per-year 

emission limits because tracking 

material use is easier for sources and, 

thus, reduces burden. The EPA’s 

research of state permitting programs 

indicates that states are using materialuse limits for these sources. 

One commenter recommended that 

the EPA consider adding a requirement 

that prohibits the use of automotive 

coatings that contain cadmium or 

chromium to help ensure adequate 

public health protection. The Federal 

Indian Country Minor NSR rule 

permitting program does not provide the 

EPA authority to regulate hazardous air 

pollutants (HAPs) other than through 

the issuance of a synthetic minor 

permit. Therefore, the content limits do 

not address cadmium or chromium. One 

commenter recommended that the EPA 

add limits and work practices for 

stripping operations in the permit. The 

EPA notes that the recommended limits 

for stripping operations primarily 

address HAPs. As the EPA lacks 

authority under the NSR program to 

impose such limits and the commenter 

did not provide information indicating 

that such work practices are necessary 

for other reasons, the EPA has not 

included limits or work practices for 

stripping operations. 

One commenter stated that the term 

‘‘reasonable time’’ is subjective and not 

easily enforceable as it pertains to 

reviewing authority information 

requests of permittees. This commenter 

recommended that a specific time frame 

should be included in the permit. The 

EPA agrees with the commenter and 

replaced ‘‘reasonable time’’ with ‘‘30 

days unless another timeframe is 

specified by the EPA.’’ We have made 

this change in all of the final permits in 

this action. One commenter 

recommended that the Auto body 

General Permit identify a specific test 

method to ensure consistency in 

determining the efficiency of filters used 

in conjunction with capturing paint 

overspray in enclosed painting areas. 

The EPA agrees and has revised the 

permit by rule accordingly. One 

commenter noted that airless and airassisted airless spray guns are not 

equivalent to high volume, low pressure 

(HVLP) spray guns and recommends 

that their use not be allowed under 

Section 2: Emission Limitations and 

Standards, Conditions 19 and 33 of the 

draft general permits, unless the spray 

gun manufacturer can demonstrate that 

their device is capable of achieving 

transfer efficiency comparable to that of 

an HVLP spray gun. The EPA agrees 

with the comment in the context of 

serious, severe, and extreme ozone 

nonattainment areas. The more stringent 

requirement recommended by the 

commenter will only apply to these 

nonattainment areas. For other areas, 

consistency with the spray gun 

requirements in 40 CFR part 63 Subpart 

HHHHHH is more appropriate. One 

commenter requested that the 

exemption for spray guns with a cup 

capacity of 3 fluid ounces or less be 

removed for facilities located in serious, 

severe or extreme ozone nonattainment 

areas. The commenter recommended 

continuing to exempt spray guns with 

this capacity used in air brush 

operations. The EPA agrees, and has 

changed the permit by rule. One 

commenter recommended that the EPA 

require installation and maintenance of 

a pressure gauge across each filter bank. 

The EPA agrees, and has revised the 

permit by rule, accordingly. 

One commenter recommended that 

the EPA revise the definitions for ‘‘Air 

Brush Operations,’’ ‘‘Freeboard Area,’’ 

‘‘Freeboard Height’’ and ‘‘Liquid Leak.’’ 

The EPA agrees that the suggested 

changes are appropriate and, therefore, 

revised the definitions as suggested, 

except for ‘‘Air Brush Operations’’ 

because the term is not included in any 

of the conditions of the final Auto body 

Permit by Rule. One commenter 

recommended that, in the surface 

coating permit, the expected transfer 

efficiency of the HVLP spray gun be 

defined. The EPA disagrees. The draft 

Auto body General Permit defines an 

HVLP spray gun consistent with 40 CFR 

part 63 Subpart HHHHHH, and we 

prefer to maintain consistency with this 

regulation. One commenter stated that 

the materials use provisions for cold 

cleaning solvent in the draft Auto body 

General Permit are unclear, and 

recommended that an emission limit be 

used instead. The EPA believes that the 

requirements are sufficiently clear and 

that the materials use requirements are 

preferable to an emission limit in this 

context because it is far easier for small 

sources to track material use than 

emissions. As a result, the EPA is 

retaining material use limits in the final 

permit by rule. 

One commenter requested 

clarification on whether sources that do 

not exceed the permitting limit in the 

Federal Indian Country Minor NSR rule, 

but are subject to the MACT, still need 

to obtain a general permit. In response, 

the EPA notes that sources that are 

subject to a NESHAP, but whose 

emissions do not exceed the permitting 

thresholds for the Federal Indian 

Country Minor NSR rule, are not 

required to obtain a minor source 

permit. One commenter stated that the 

Auto body General Permit requires the 

permittee to keep records of the VOC 

and HAP content of the solvent used in 

a solvent degreaser, but asked why the 

permittee would need to keep records 

when there are no limits on the VOC 

content of the solvents. The EPA agrees 

and revised these recordkeeping 

requirements to require the Material 

Safety Data Sheet (MSDS) to be 

maintained for each solvent degreaser, 

consistent with the requirements for 

other VOC-containing material in the 

permit. 

One commenter noted that, in the 

notification of construction or 

modification requirement, it is not clear 

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30The comments we received also apply to the 

Air Quality Permit by Rule for New or Modified 

True Minor Source Gasoline Dispensing Facilities 

in Indian Country that the EPA proposed in the 

alternative. In this final action, we are promulgating 

a permit by rule for the GDF source category. 

31While we did not receive comments on setting 

a throughput limit for the GDF permit by rule for 

marginal and moderate ozone nonattainment areas, 

we are adding one for the GDF permit by rule for 

those areas (see Section IV.F. for a fuller discussion 

of throughput limits). 

32The memorandum can be found at: Docket Id. 

No. The EPA–HQ–OAR–2010–1076. 

whether the notification required for 

beginning operations is within 30 days 

of start of construction or within 30 

days after operations begin or resume. 

The EPA has revised the final Auto 

body Permit by Rule to clarify that the 

permittee must provide written notice 

within 30 days of beginning 

construction, and within 30 days of 

beginning initial operations or resuming 

operations after a modification. 

One commenter requested 

clarification on when the refresher 

training is required for spray booth 

operators. The EPA has updated 

§ 49.162(f) to the final Auto body Permit 

by Rule to specify that training must be 

conducted within 180 days for new 

hires and that operators must be recertified at least every 5 years thereafter. 

(d) Gasoline Dispensing Facilities 

The EPA received numerous 

comments on the draft General Air 

Quality Permit for New or Modified 

True Minor Source Gasoline Dispensing 

Facilities in Indian Country 30 (the GDF 

General Permit) and the related 

implementation tools.31 One commenter 

stated that, for GDFs, the percent 

onboard refueling vapor recovery 

(%ORVR) estimate seems optimistic, 

and that basing applicability on 

throughput based on those assumptions 

may under estimate source emissions. 

The EPA disagrees with the commenter. 

The EPA determined the %ORVR for 

the vehicle fleet based on an agency 

analysis using the 2012 memorandum, 

‘‘Updated Data for ORVR Widespread 

Use Assessment,’’ 32 and believes this 

analysis is well substantiated. 

Therefore, the EPA has continued to 

rely on this analysis in establishing the 

throughput limits in the Permit by Rule 

that we are finalizing for this source 

category versus a general permit. One 

commenter supports the inclusion in 

the GDF General Permit of standing loss 

control (SLC) requirements for above 

ground storage tanks (ASTs) in those 

parts of Indian country that are located 

in serious, severe and extreme ozone 

nonattainment areas. The EPA has 

determined that SLC requirements for 

VOC emissions from ASTs should be 

applied to GDFs in Indian country 

serious, severe and extreme ozone 

nonattainment areas as we proposed. In 

doing this, the EPA has tried to balance 

the requirement to protect the National 

Ambient Air Quality Standards 

(NAAQS) with the desire to provide a 

level regulatory playing field. 

One commenter noted that the 

proposed GDF General Permit requires 

Stage I control for both underground 

and aboveground storage tanks and SLC 

for aboveground storage tanks, but that 

Stage II control is not required under the 

General Permit, even though Stage II 

control is still required in some states. 

The commenter recommended that the 

EPA require Stage II controls in states 

that still require Stage II controls, Phase 

II Enhanced Vapor Recovery (EVR) 

systems, and Phase II EVR systems in all 

serious, severe or extreme 

nonattainment areas. Another 

commenter recommended that the EPA 

require In-Station Diagnostics (ISD) for 

all GDFs that dispense more than 

600,000 gallons per year. Another 

commenter recommended that vapor 

recovery systems be certified. 

The EPA previously issued a notice of 

final rulemaking to allow states to phase 

out Stage II controls for serious, severe 

and extreme ozone nonattainment areas 

(77 FR 28772, May 12, 2012). At that 

time, the Administrator made the 

determination that ORVR is in 

widespread use, and that Stage II 

controls could be removed to reduce 

costs for redundant control, as 

authorized under section 202(a)(6) of 

the CAA. The rule allowed, but did not 

require, states to discontinue Stage II 

vapor recovery programs. California has 

chosen to continue requiring the 

program. The additional emission 

reductions associated with the use of 

Stage II controls continue to be 

necessary and are required to be 

included in California plans for 

demonstrating how they will attain the 

NAAQS. We do not, however, anticipate 

any other areas in the country 

continuing to require Stage II controls at 

new or modified GDFs. Based on 

California’s decision to continue to 

require the use of Stage II controls, and 

the fact that such controls are not 

necessary in other areas of the country, 

we have, however, determined that the 

use of the proposed permit by rule, 

which does not include Stage II 

controls, in California is not 

appropriate. As a result, while the final 

permit by rule for GDFs will not include 

Stage II controls, sources located in 

California will not be eligible to use the 

permit by rule. This approach will allow 

EPA Region 9, the current reviewing 

authority in all areas of California, to 

develop a general permit or permit by 

rule for areas within California that is 

tailored to address the unique air 

quality concerns in that area of the 

country. Requirements for the use of ISD 

and the certification of vapor recovery 

systems are not included in this final 

permit as these requirements are 

associated with Stage II systems. 

One commenter supports the 

exemption for tanks with less than 250 

gallon capacity. Commenters requested 

that the EPA modify several conditions 

in the draft GDF General Permit and 

Appendices to clarify control equipment 

requirements, add housekeeping 

measures, revise testing requirements, 

delete inconsistencies, and revise 

definitions. The EPA agrees with some 

of these requests and disagrees with 

others. The EPA made changes to the 

permit where we deemed that the 

change would strengthen the permit’s 

ability to protect air quality. One 

commenter requested that the EPA 

revise the monitoring requirements in 

the draft GDF General Permit to add a 

requirement for the daily visual 

inspection of equipment. The EPA 

revised the permit to include a 

requirement for a daily visual 

inspection of equipment in extreme 

ozone nonattainment areas. One 

commenter recommended that the EPA 

make several changes in the draft 

general permit to Attachment C: Vapor 

Balance System Design Criteria, 

Management Practices, and Performance 

Testing, Paragraph 11, relating to 

applicability, technical references, and 

certifications for ASTs. The EPA 

concurs and has made the changes. 

One commenter recommended that 

the MACT standard for GDFs, 40 CFR 

part 63, subpart CCCCCC, should be 

referenced in the GDF General Permit, 

and noted that the permit conditions in 

the draft general permit are more 

stringent than are the MACT 

requirements in some respects. The 

requirements included in the permit are 

intended to harmonize with the existing 

NESHAP rule to the greatest extent 

possible. We have tried to maintain 

consistency with 40 CFR part 63, 

subpart CCCCCC to streamline the 

permit and to reduce burden to sources 

who may need to comply with both 

requirements. More stringent 

requirements were included for GDFs in 

certain nonattainment areas to protect 

the NAAQS. 

(d) Petroleum Dry Cleaning Facilities 

The EPA received comments on the 

draft General Air Quality Permit for 

New or Modified True Minor Source 

Petroleum Dry Cleaning Facilities in 

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33The comments we received also apply to the 

Air Quality Permit by Rule for New or Modified 

True Minor Source Dry Cleaning Facilities in Indian 

Country that the EPA proposed in the alternative. 

In this final action, we are promulgating a permit 

by rule for the petroleum dry cleaning source 

category. 

34For federal purposes BACT is a requirement for 

major sources under the PSD Program. However, 

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. 

35 In some cases, the EPA may delegate to an 

Indian tribe the authority to assist the EPA with 

administration of the Federal Indian Country Minor 

NSR rule (including the permits by rule). However, 

even where such a delegation occurs, the EPA will 

retain responsibility for providing notification to 

sources that the listed species and historic property 

processes have been satisfactorily addressed. 

Indian Country 33 (the Petroleum Dry 

Cleaning General Permit) and the 

related implementation tools. Two 

commenters agreed with the throughput 

limits and inspection requirements for 

dry cleaning facilities, while another 

commenter stated the inspection 

timeframes and repair deadlines for dry 

cleaning dryers were burdensome. One 

commenter recommended that the EPA 

include BACT 34 guidelines for new 

petroleum dry cleaning equipment in 

nonattainment areas identical to the 

SCAQMD BACT guidelines, while 

another commenter noted there would 

be costs associated with meeting the 

draft requirements for nonattainment 

areas in the permit. One commenter 

recommended that the MACT standard 

for dry cleaners be referenced in the 

General Permit. One commenter stated 

its belief that the draft permit conditions 

are more stringent than the MACT 

requirements, and recommended that 

the EPA remove any sections from the 

General Permit that duplicate the MACT 

rule. The EPA has determined that it 

will maintain the proposed throughput 

limits and inspection requirements in 

the Permit by Rule that we are finalizing 

for this source category versus a general 

permit. The EPA believes the timeframe 

for inspections and repair is reasonable, 

as these are equivalent to requirements 

in the Petroleum Dry Cleaners NSPS (40 

CFR part 60, subpart JJJ). The EPA 

intended to include more stringent 

requirements for sources locating in 

certain ozone nonattainment areas. The 

EPA did not intend to include standards 

from the NESHAP standard for 

perchloroethylene dry cleaners (40 CFR 

63, subpart M) in the permit by rule as 

the permit is not intended to regulate 

emissions of HAP. Instead, the EPA 

drew upon requirements from the 

Petroleum Dry Cleaners NSPS (40 CFR 

part 60, subpart JJJ) in establishing the 

requirements in the draft permit. The 

EPA believes that more stringent 

provisions are necessary in serious, 

severe, and extreme ozone 

nonattainment areas and has included 

such provisions in the final permit by 

rule. As these nonattainment provisions 

are largely drawn from state and local 

requirements, the EPA believes that the 

final permit conditions are reasonable 

for areas with impaired air quality and 

consistent with the requirements in 

other areas outside of Indian country. 

B. Requirements of the Endangered 

Species Act (ESA) and the National 

Historic Preservation Act (NHPA) 

1. Proposed Rule 

The ESA requires federal agencies to 

ensure, in consultation with the U.S. 

Fish and Wildlife Service and/or the 

National Marine Fisheries Service (the 

Services), that any action they 

authorize, fund, or carry out will not 

likely jeopardize the continued 

existence of any listed threatened or 

endangered species, or destroy or 

adversely modify the designated critical 

habitat of such species. Under relevant 

ESA implementing regulations, federal 

agencies consult with the Service(s) on 

actions that may affect listed species or 

designated critical habitat. 

The NHPA requires federal agencies 

to take into account the effects of their 

undertakings on historic properties— 

i.e., properties that are either listed on, 

or eligible for listing on, the National 

Register of Historic Places—and to 

provide the Advisory Council on 

Historic Preservation (the Council) a 

reasonable opportunity to comment on 

such undertakings. Under relevant 

NHPA implementing regulations, NHPA 

consultations are generally conducted 

with the appropriate Tribal and/or State 

Historic Preservation Officers in the first 

instance, with opportunities for direct 

Council involvement in appropriate 

circumstances. The Federal Minor NSR 

Program in Indian Country has 

increased the number of activities for 

which the EPA is the permitting 

authority. To ensure appropriate 

consideration of listed species and 

historic properties, we provided draft 

screening processes in Appendices A 

and B to the draft Request for Coverage 

Forms for the draft general permits that 

we made available for comment. 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received and 

our responses. Overall, as a result of the 

comments in this final action, we are 

largely retaining the processes we 

proposed, but with some important 

adjustments. In terms of process, as 

discussed in Section IV.H. Permit by 

Rule Regulatory Framework, we have 

modified the permit by rule process to 

require that a source planning to seek 

coverage under a permit by rule must 

first demonstrate it has adequately 

completed the screening processes for 

threatened and endangered species and 

historic properties, and received a 

written letter from the EPA indicating 

that the processes have been 

satisfactorily addressed, prior to 

notifying the reviewing authority that it 

is covered under the permit by rule.35

(To this end, as noted above, for the 

permits by rule, we have separated the 

screening processes from the 

Notification of Coverage Forms and 

created a separate document, 

‘‘Procedures to Address Threatened and 

Endangered Species and Historic 

Properties for New or Modified True 

Minor Sources in Indian Country 

Seeking Air Quality Permits by Rule.’’) 

Responses to individual comments are 

set forth in Section 2.4 of the RTC 

Document. 

One commenter expressed support for 

requiring applicants to meet the 

screening requirements for protected 

resources. We note that the EPA has 

revised terminology in the screening 

procedures for the protected resource 

screening procedures to provide greater 

clarity, but has otherwise largely 

retained the proposed procedures. One 

commenter asked if the EPA will be 

including the endangered species and 

historic preservation requirements in all 

air permitting actions. At this time, the 

EPA is only requiring sources to 

complete threatened and endangered 

species and historic property screening 

procedures in order to obtain coverage 

under the general permits and permits 

by rule being finalized in this action. 

Any issues related to other air 

permitting action not included by this 

final action are beyond the scope of this 

action. 

One commenter inquired if the 

threatened and endangered species 

clause (i.e., the ESA) is also included in 

the title V permits. This rulemaking 

action is not within the scope of the title 

V permit program (i.e., sources in Indian 

country that are defined as major 

sources or otherwise required to obtain 

operating permits under 40 CFR part 

71); thus, the comment is outside the 

scope of this action. One commenter 

requested clarification on which 

geographic areas the ESA ‘‘action areas’’ 

would encompass. For purposes of the 

listed species screening procedures, the 

EPA uses the definition of the term 

‘‘action area’’ found in 50 CFR 402.02 of 

the ESA regulations; however, we have 

added additional information in the 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25079 

screening process to further explain 

considerations in determining the action 

area. 

Multiple commenters expressed 

concerns about the ability of permit 

applicants to meet the time, expertise, 

and cost burdens associated with 

complying with the listed species and 

historic property screening 

requirements. The EPA understands that 

satisfactorily addressing the screening 

procedures for threatened and 

endangered species and historic 

properties will impose some burden on 

sources seeking permits. However, we 

have attempted to streamline the 

screening processes in order to 

minimize the effort needed to complete 

them. For example, both sets of 

procedures have been clarified to make 

more explicit that sources can rely on 

prior assessments performed by other 

federal agencies to satisfy the 

procedures. 

One commenter believes that it is not 

appropriate for the EPA to use a process 

to demonstrate compliance with the 

ESA and NHPA that is modeled after the 

National Pollutant Discharge 

Elimination System (NPDES) general 

permit for Stormwater Discharge from 

Construction Activities. The commenter 

requested that the EPA defer the 

regulation of ESA and NHPA to Federal 

Land Management Agencies (FLMs). 

The EPA believes that the screening 

procedures included in the general 

permits and permits by rule are 

appropriate means to ensure proper 

review of possible effects on threatened 

and endangered species and historic 

properties as sources seek coverage 

under the permits. Where available, and 

to avoid duplication of efforts, we 

believe it is appropriate for facilities 

seeking to be covered under the general 

permits or permits by rule to use listed 

species and historic property 

assessments, analyses, and outcomes 

obtained through the FLMs’ separate 

compliance with the ESA and NHPA in 

connection with their own actions to 

satisfy the relevant screening 

procedures of the minor NSR general 

permits and permits by rule. For the 

permits by rule, we have modified the 

protected resource procedures in 

Appendix A of the document titled 

‘‘Procedures to Address Threatened and 

Endangered Species and Historic 

Properties for New or Modified True 

Minor Sources in Indian Country 

Seeking Air Quality Permits by Rule’’ to 

clarify that this approach is the first 

consideration in the screening process. 

For the general permits, we have made 

the same change to the protected 

resource procedures that are attached to 

the Request for Coverage Forms. 

One commenter stated that, because 

no regulatory text has been provided 

with respect to the EPA’s proposed 

approach to addressing ESA and NHPA 

requirements, it is impossible to fully 

evaluate the EPA’s proposal. The 

commenter also noted that the EPA’s 

ESA/NHPA approach poses a number of 

potentially significant problems: (a) The 

proposed rule does not expressly 

address whether this rulemaking action 

is itself subject to the ESA and NHPA; 

(b) the process the EPA identifies for 

ensuring compliance with the ESA and 

NHPA involves requiring applicants to 

interface with the agencies responsible 

for guiding implementation of the ESA 

and NHPA in the absence of any 

procedure governing that interaction; (c) 

there are no clear timeframes for these 

agencies to respond to an applicant’s 

request for coordination; and (d) the 

legal consequences of certifying 

compliance with the ESA and NHPA are 

undefined. This commenter also noted 

that the process does not acknowledge 

the importance of the EPA’s role in 

compliance with the ESA and NHPA, 

stating that the no effect determination, 

or any obligation to undertake 

consultation with other federal agencies, 

is the EPA’s responsibility and that the 

EPA should not defer to the opinions of 

other agencies. 

The EPA notes that it is the issuance 

of the general permit or permit by rule 

that triggers any ESA/NHPA 

requirement, not the separate coverages 

of individual sources. To address these 

requirements, the EPA has established 

the listed species and historic properties 

screening procedures via this action to 

provide an effective means of 

identifying and addressing any impacts 

on the protected resources as sources 

seek coverage. We note that sources 

must demonstrate satisfactory 

completion of the screening procedures 

and that this demonstration must form 

part of the legal basis that the source is 

eligible for coverage under the general 

permit or permit by rule. To provide an 

opportunity for the public to review 

these screening procedures, all of the 

five proposed general permits and 

associated implementation tools were 

made available in the docket for review 

and comment. The applications for each 

draft general permit contain appendices 

(Appendix A for listed species and 

Appendix B for historic properties) with 

the detailed screening procedures that 

an applicant will follow to assess the 

potential impacts of their source as it 

pertains to the relevant protected 

resources. We specifically requested 

comment on these general permits and 

implementation tools and believe that 

our process provided an appropriate 

opportunity for public involvement. 

One commenter recommended that 

the EPA should include a determination 

expressly finding that the minor sources 

on tribal lands subject to the Federal 

Indian Country Minor NSR rule will 

have no effect on any species listed 

under the ESA, nor any potential effects 

on resources protected by the NHPA in 

the final permit. This commenter stated 

that the use of the term ‘‘significant 

risk’’ (‘‘. . . based on the evaluation of 

available information, that the sources 

that are the subject of this proposal are 

unlikely to present a significant risk to 

listed species and critical habitat and to 

historic properties . . .’’) confuses the 

issue, as that term is not the relevant 

standard under the ESA or NHPA for 

determining whether regulatory 

requirements pursuant to those statutes 

apply. The commenter believes that the 

EPA should instead conclude that minor 

sources on tribal lands subject to the 

Federal Indian Country Minor NSR rule 

are likely to have ‘‘no effect’’ on any 

listed species or critical habitat, and no 

potential to affect historic properties. 

The EPA does not believe that a single 

determination for all new sources in 

Indian country that may be covered 

under a general permit or permit by rule 

would be appropriate. To ensure that 

appropriate consideration of any 

potential impacts on listed species or 

historic properties occurs, we believe a 

level of site-specific assessment is 

needed, primarily for the purpose of 

investigating potential land disturbance 

activities but also to address any other 

potential impacts. We believe the source 

screening procedures contained in the 

Request for Coverage Forms for general 

permits and ‘‘Procedures to Address 

Threatened and Endangered Species 

and Historic Properties for New or 

Modified True Minor Sources in Indian 

Country Seeking Air Quality Permits by 

Rule’’ for permits by rule are the most 

efficient way to make those 

determinations. 

C. Use of Streamlined General Permit 

Applications 

1. Proposed Rule 

In the proposed rule, we sought 

comment on the appropriateness of 

utilizing permits by rule for three source 

categories as an alternative to general 

permits: auto body repair and 

miscellaneous surface coating 

operations, GDFs, and petroleum dry 

cleaning facilities. We specifically 

requested comment on the permit by 

rule notification procedures. 

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25080 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received 

regarding the appropriateness of 

utilizing permits by rule and 

streamlined notification forms, and our 

responses. (Since we are not issuing 

general permits for the three source 

categories, we will not be issuing any 

general permit applications for those 

categories.) Responses to comments on 

the use of streamlined notification forms 

for the permits by rule in today’s action 

can be found in Section 4.0 of the RTC 

Document. 

Several commenters provided support 

for EPA’s proposed use of streamlined 

permit applications for permits by rule. 

Some commenters noted that several 

states and local reviewing authorities 

use permits by rule to authorize 

construction of minor sources and that 

the EPA has approved several state or 

local permits by rule in State 

Implementation Plans. Three 

commenters asserted that the use of 

permits by rule would expedite the 

permitting process and reduce 

administrative burdens and costs for 

permitting agencies and/or operators. 

Four commenters opposed the use of 

permits by rule for the three source 

categories. One commenter also 

opposed the use of permits by rule for 

any future source categories that the 

EPA may propose. One of these 

commenters stated that a lack of 

notification could result in a permittee 

missing out on critical permitting steps. 

The commenter also asked how the EPA 

or a tribe would be able to review and 

confirm that a facility is providing the 

correct information. The commenter 

asserted that this scenario is no different 

than the process before the Federal 

Indian Country Minor NSR rule. 

The EPA believes that the use of 

permits by rule is appropriate for the 

three source categories. Permits by rule 

provide a streamlined approach that (a) 

reduces the time permitting authorities 

must devote to reviewing permit 

applications and issuing permits, (b) 

protects air quality by controlling 

emissions-generating activities that pose 

little environmental concern and (c) 

simplifies the permitting process for 

sources that pose little environmental 

concern. The EPA has attempted to 

balance air quality concerns in Indian 

country with the resource and workload 

needs of reviewing authorities. The 

issuance of general permits for these 

facilities as compared to covering them 

with a permit by rule would greatly add 

to the workload of the reviewing 

authority without providing greater 

benefits to air quality. Given the relative 

simplicity and generally lower 

emissions of these sources, we have 

determined that we do not need to 

conduct a case-specific review to 

evaluate whether an individual source 

qualifies for the permit, and we are 

comfortable requiring only a 

streamlined notification form from these 

sources. Because we will need to 

continue to balance the workload and 

resource needs of the reviewing 

authority with the need to protect air 

quality, we do not agree with the 

comment that permits by rule should 

not be used for any future source 

categories. We note that the permit by 

rule notifications do not ask for detailed 

source information because these source 

categories reflect facilities that are 

straightforward in their configuration 

and emissions (they are primarily VOC 

emission sources), and do not require 

detailed review or confirmation of the 

information. 

D. Administrative Aspects of General 

Permits 

1. Proposed Rule 

The EPA requested comment on the 

administrative aspects of general 

permits. Specifically, among other areas, 

we requested comment on two issues: 

(a) Whether the EPA’s proposed 

approach of incorporating by reference 

each reviewing authority’s approval of a 

Request for Coverage into the general 

permit is necessary and appropriate; 

and 

(b) The appropriateness of draft 

permit terms related to the reviewing 

authority’s ability to reopen, revise, or 

terminate an individual approval of 

coverage under the general permit. 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received related 

to administrative procedures for permit 

issuance and obtaining coverage under 

a general permit and permit by rule. 

Responses to these comments are also 

addressed in Sections 1.2 and 1.3 of the 

RTC Document. In this final action, we 

are providing responses to issues raised 

in comments, but we have concluded 

that those comments do not necessitate 

any substantive changes to the 

administrative aspects of the permits. 

One commenter disagreed with the 

EPA’s proposed procedure for amending 

general permits, noting that the 

provision is overly broad and 

inconsistent with the procedures for 

amending source-specific permits. This 

commenter recommends that the EPA 

treat sources covered by general permits 

(or permits by rule) in the same manner 

as facilities covered by source-specific 

permits. 

The EPA’s procedure for issuing 

general permits is governed by 40 CFR 

49.156, and the EPA interprets the 

Federal Indian Country Minor NSR rule 

to require the provision in 40 CFR 

49.156 to be used anytime a general 

permit is revised (amended). In the 

proposal (79 FR 2546), the EPA clarified 

that although a general permit may be 

revised in the future, we do not intend 

to use the revision process to subject 

existing sources already covered by a 

general permit to new control 

requirements, unless and until they 

modify. This process is consistent with 

how site-specific permits are revised. 

A few commenters expressed concern 

on how the Federal Indian Country 

Minor NSR rule would address 

permitting a source that could cause or 

contribute to a NAAQS violation or a 

PSD increment violation. Commenters 

also objected to the EPA’s stated 

preference for general permits, noting 

that the proposed rule does not address 

the fundamental problem of a lack of 

staff at local agencies to process these 

new regulatory requirements, and 

recommended that the EPA include a 

staffing plan and the funding to support 

it, or use permits by rule instead. 

Commenters noted that the EPA’s ability 

to terminate a permit for ‘‘cause’’ would 

create uncertainty, and puts tribally 

owned companies at risk. The EPA 

believes that the ability to deny 

coverage is necessary to prevent 

exceedances of the NAAQS due to 

cumulative increases in emissions. The 

EPA recommends that tribes planning to 

construct tribally-owned facilities work 

with the specific reviewing authority in 

their area to address these concerns. The 

general permit program will help 

alleviate any potential backlog in the 

issuance of minor source permits to 

sources that would otherwise require 

site-specific permits, allowing limited 

agency resources to be focused on more 

complicated sources that require more 

in-depth review. The conditions under 

which a permit can be terminated for 

cause are defined in each general 

permit; therefore, the situations for 

which coverage under a general permit 

would be terminated are fairly specific. 

One commenter pointed out that the 

proposed rule did not include specific 

regulatory language for any of the 

proposed permits by rule. This 

commenter argued that the lack of 

regulatory text prevented full and 

complete public review and comment 

on the proposed rule. The commenter 

asked that the EPA provide regulatory 

text and a full explanation of the permit 

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36 In Oklahoma Dept. of Environmental Quality v. 

EPA, 740 F.3rd 185 (D.C. Cir. 2014), the U.S. Court 

of Appeals for the District of Columbia Circuit held 

that the state, not tribes or the EPA, has initial 

primary responsibility for implementation plans 

under Clean Air Act section 110 in non-reservation 

areas of Indian country (i.e., dependent Indian 

communities and Indian allotments) in the absence 

of a demonstration of tribal jurisdiction by the EPA 

or a tribe. However, SIPs generally do not apply in 

reservations, including informal reservations or 

trust lands, and these areas are believed to comprise 

the bulk of Indian country. 

by rule approach before finalizing the 

rule. The EPA did not provide specific 

regulatory language for any of the 

proposed permits by rule, but rather 

proposed to codify the requirements of 

the proposed general permits of the 

specified source category. For the 

permits by rule in this final action, we 

are codifying the requirements as 

contained in the draft general permit for 

the three source categories, including 

changes that we have identified are 

appropriate based on our review of 

public comments. We believe that the 

proposed general permits have provided 

the public with a sufficient 

understanding of the contents of the 

final rule, and, therefore, satisfy our 

obligations under section 301(a) of the 

CAA. 

E. Control Technology Review 

1. Proposed Rule 

In the proposal, we requested 

comment on the EPA’s conclusion, 

based on its control technology review, 

that the control measures in the draft 

general permits are currently used by 

other similar sources in other areas of 

the country and that the measures in the 

draft permits are, therefore, technically 

and economically feasible and costeffective. 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received and 

our responses. Responses to these 

comments are also addressed in Section 

2.2 of the RTC Document. The EPA is 

largely retaining the basic approach to 

the control technology review outlined 

in the January 14, 2014, proposal. 

A few commenters expressed concern 

with the EPA’s decision to apply local 

control requirements on a nationwide 

basis. They stated that this might lead 

to a competitive advantage or 

disadvantage for sources locating in 

Indian country and tribes could lose 

revenue as a result. Commenters 

recommended that the EPA issue 

regional permits, and that the control 

requirements for each region should be 

based on the rules and regulations in 

adjacent areas, and on the 

nonattainment status of the area. The 

EPA addressed the challenge of 

developing a single general permit for 

use across a broad range of Indian 

country by evaluating national EPA 

standards, as well as state and some 

local standards currently in place, and 

then adopting requirements we feel are 

appropriate and that reflect commonly 

used standards. 

F. Use of Throughput Limits 

1. Proposed Rule 

The Federal Indian Country Minor 

NSR rule requires the reviewing 

authority to establish annual allowable 

emission limitations for each affected 

emissions unit and for each NSR 

regulated pollutant emitted by the unit, 

if the unit is issued an enforceable 

limitation lower than the PTE of that 

unit. See 40 CFR 49.155(a)(2). The EPA 

included throughput, fuel usage, and 

materials usage limitations and 

compliance monitoring requirements in 

the proposed general permits and 

permits by rule as a means for limiting 

emissions and demonstrating 

compliance with those limits. For the 

five source categories that are the 

subject of this action, some states (but 

not all) provide both annual ton per year 

allowable emission limitations and 

throughput limits in their general 

permits. Other state reviewing 

authorities provide only overall 

production limits that limit the amount 

of throughput a facility can process over 

a period of time. We requested comment 

on the use of throughput limits as a 

surrogate for ton-per-year allowable 

emission limitations, or, alternatively, 

establishment of annual allowable 

emission limitations for each pollutant, 

and the use of throughput limits as 

surrogate monitoring measures to 

demonstrate compliance with ton-peryear annual allowable emission 

limitations. 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received and 

our responses. Responses to all 

comments regarding this issue are set 

forth in Section 2.3 of the RTC 

Document. In our final action, we are 

retaining throughput limits; however, in 

response to comments we received, we 

are making adjustments to the 

throughput limits for the general 

permits for HMA plants and SQCS 

facilities. We believe these adjustments 

are appropriate for three reasons: 

• They provide monthly throughput 

limitations to reflect the fact that HMA 

plants and SQCS facilities relocate often 

(see Section IV.A. Permit Documents 

and Implementation Tools); 

• They provide co-located throughput 

limits to reflect the fact that these 

facilities are often sited together (see 

Section IV.K. Use of More Than One 

General Permit and/or Permit by Rule 

for a Source at a Single Location); and 

• They ensure a margin of safety 

between a source’s permitted 

throughput limit and the major source 

thresholds for synthetic minor sources 

since the general permits for these two 

source categories are written for use by 

both true minor and synthetic minor 

sources (see Section IV.I. Use of General 

Permits and Permits by Rule to Create 

Synthetic Minor Sources). 

We are also adding a throughput limit 

to the GDF permit by rule for marginal 

and moderate ozone nonattainment 

areas. 

The EPA received comments on the 

use of throughput limitations for HMA 

and SQCS facilities. A few commenters 

agreed with the throughput production 

limits and fuel-type and usage limits 

stated in the draft permits for HMA 

plants and SQCS facilities and believe 

that the emission limitations based on 

those factors are reasonable. One 

commenter asserted that the inclusion 

of different throughput limits in general 

permits for attainment versus 

nonattainment areas is unnecessary 

because each such nonattainment area 

will have a nonattainment state 

implementation plan (SIP) that, by 

definition, will include measures 

adequate to achieve attainment. The 

EPA disagrees that the existence of 

nonattainment SIPs renders the 

inclusion of nonattainment-area specific 

emission limitations unnecessary. A 

state’s SIP may or may not account for 

activities in Indian country and the state 

may lack authority to implement or 

enforce the SIP there.36 As a result, the 

EPA believes that establishing different 

throughput limits for nonattainment 

areas is necessary to help move such 

areas toward attainment. 

Several commenters supported the 

use of throughput limits noting that 

monitoring throughput limits, hours of 

operation and production are more 

efficient and cost-effective methods for 

minor sources to demonstrate their 

compliance. A few commenters 

advocated that sources be allowed 

flexibility in demonstrating compliance, 

including using alternative methods to a 

throughput limit so that facility capacity 

is not unnecessarily constrained. A few 

commenters requested that the General 

Permit also include clearly defined, 

enforceable, annual allowable emission 

limits. 

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25082 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

37The processes are contained in the following 

document: ‘‘Procedures to Address Threatened and 

Endangered Species and Historic Properties for 

The EPA notes that these types of 

permit terms and conditions are 

commonly found in state general 

permits and permits by rule. 

Throughput, materials usage, and hours 

of operation are easy to track. As a 

result, limitations on throughput, 

materials usage and hours of operation 

are less burdensome than requiring 

sources to determine emissions on a 

regular basis in order to demonstrate 

compliance with an emission limit. If a 

source feels an alternative limit or 

compliance monitoring method is more 

compatible with their operational 

procedures, they may apply for a 

source-specific permit to have such 

criteria considered. 

G. Setback Requirements 

1. Proposed Rule 

For HMA plants and SQCS facilities, 

we included permit provisions 

regarding the location of the emitting 

activities relative to the source property 

boundary. We call these provisions, 

which are designed to minimize the 

near-field impacts of emissions, setback 

requirements. Under the proposed 

setback requirement, sources could not 

locate within a specific distance of the 

property boundary and nearest 

residences. We proposed that these 

provisions seemed both reasonable and 

prudent measures to protect local air 

quality and are economically feasible 

and cost effective. 

We invited comments to identify 

other source categories for which 

setback requirements should apply. We 

also welcomed comments on the types 

of buildings from which we should 

establish setbacks (e.g., schools, nursing 

homes). Lastly, we further requested 

comment on whether the setback 

requirements conflict with tribal 

authority over zoning-related matters, 

and, if so, on how we should resolve 

that conflict. 

2. Final Action, Comments and 

Responses 

One commenter recommended that 

the EPA add a setback requirement to 

the HMA permit similar to the one 

included in the proposed SQCS 

facilities permit. Another commenter 

noted that the setback requirements may 

be difficult for existing sources to meet 

if the source is modified. Due to the lack 

of an EPA analysis demonstrating the air 

quality benefits of requiring setbacks, 

we lack sufficient information to 

incorporate them in the final general 

permits for HMA plants and SQCS 

facilities. Therefore, the final general 

permits for HMA plants and SQCS 

facilities do not contain setback 

provisions. Nonetheless, the reviewing 

authority retains the discretion to deny 

the granting of source coverage under 

the general permits based on local air 

quality concerns. The many comments 

the EPA received on its inclusion of 

setback requirements in the SQCS and 

HMA permits, and our responses to 

those comments, are found in Sections 

3.2.1.1, 3.2.1.2, 3.2.4.1, 3.3.4, and 4.2.1 

of the RTC Document. 

H. Permit by Rule Regulatory 

Framework 

1. Proposed Rule 

We proposed to codify a nationally 

applicable permit by rule for source 

categories or emissions generating 

activities for which we have determined 

that the permit by rule mechanism 

would offer permit streamlining 

benefits, while at the same time 

protecting air quality, into a new section 

of the Federal Indian Country Minor 

NSR rule. As proposed, permits by rule 

would be used to address source 

categories of true minor sources, where 

the reviewing authority does not need to 

conduct an in-depth review to evaluate 

whether an individual source meets all 

of the requirements in the permit. A 

permit by rule may be issued for a 

category of emissions units or sources 

that are similar in nature, have 

substantially similar emissions and 

would be subject to the same or 

substantially similar requirements 

governing operations, emissions, 

monitoring, reporting and 

recordkeeping. ‘‘Similar in nature’’ 

refers to size, processes and operating 

conditions. We requested comment on 

all aspects of the streamlined permit by 

rule approach. 

2. Final Action, Comments and 

Responses 

This section provides a brief summary 

of significant comments received. In our 

final action, we are codifying nationally 

applicable permits by rule for three 

source categories: GDFs, auto body 

repair and miscellaneous surface 

coating operations, and petroleum dry 

cleaning facilities. Overall, as described 

in greater detail below, we are making 

two significant changes to the process or 

framework we proposed in January 14, 

2014. First, we are requiring that 

sources obtain advance, written 

confirmation from the EPA that the 

screening procedures have been 

completed correctly for threatened and 

endangered species and historic 

properties. To provide clarification, we 

have created a new document, 

‘‘Procedures to Address Threatened and 

Endangered Species and Historic 

Properties for New or Modified True 

Minor Sources in Indian Country 

Seeking Air Quality Permits by Rule,’’ 

that sources will need to use prior to 

submitting a Notification of Coverage 

Form. Second, we are making clear the 

process citizens will need to follow to 

appeal a source’s coverage under a 

permit by rule. 

Under these three permits by rule, 

individual sources eligible for coverage 

will be subject to the operational, 

monitoring and recordkeeping 

requirements specified in the relevant 

rule. In this action, in addition to 

promulgating the three permits by rule, 

we are amending the Indian Country 

Minor NSR rule general permit 

provisions at 40 CFR 49.156 to set forth 

the unique elements of the permits by 

rule process. The permits by rule 

program establishes a more streamlined 

notification of coverage process that 

allows an individual applicant to notify 

the reviewing authority that it meets the 

eligibility criteria for the permit and the 

permit conditions. The source will 

complete the Notification of Coverage 

Form and submit copies of the form to 

both the reviewing authority and the 

appropriate tribal entity to satisfy the 

registration requirement at 40 CFR 

49.160(c)(1)(iii). A copy of the 

completed form must be kept onsite and 

made available upon request. This 

‘‘notification’’ process streamlines 

permitting for eligible sources and 

makes it easier for the reviewing 

authority to implement the permit by 

rule program compared to traditional 

site-specific permits and standard 

general permits. 

A permit by rule must be issued 

according to the applicable 

requirements in §§ 49.154(c), 49.154(d) 

and 49.155. A source category permit by 

rule must include the permit elements 

listed in § 49.155(a). The reviewing 

authority will determine which 

categories of true minor sources are 

appropriate for coverage under a permit 

by rule. Permits by rule will be issued 

at the discretion of the reviewing 

authority. Issuance of a permit by rule 

is considered final agency action with 

respect to all aspects of the permit by 

rule except its applicability to an 

individual source. 

Prior to submitting the Notification of 

Coverage Form to the reviewing 

authority, a source must demonstrate to 

the EPA that the endangered or 

threatened species and historic property 

screening procedures set forth in the 

procedures document 37 provided for 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25083 

New or Modified True Minor Sources in Indian 

Country Seeking Air Quality Permits by Rule,’’ 

http://www.epa.gov/air/tribal/tribalnsr.html. 

38 ‘‘Approval and Promulgation of Federal 

Implementation Plan for Oil and Natural Gas Well 

Production Facilities; Fort Berthold Indian 

Reservation (Mandan, Hidatsa, and Arikara Nation), 

North Dakota,’’ U.S. Environmental Protection 

Agency, 78 FR 17836, March 22, 2013, http://

www.gpo.gov/fdsys/pkg/FR-2013-03-22/pdf/2013- 

05666.pdf. 

that purpose for the permits by rule 

have been satisfactorily completed. The 

source must submit documentation of 

the endangered or threatened species 

and historic property screening 

evaluations to the EPA (and the tribe in 

the area in which the source is located/ 

locating) for review prior to submitting 

the completed Notification of Coverage 

Form and obtaining coverage under a 

permit by rule. Thirty days after receipt 

of the documentation, the EPA must 

notify the source by letter of one of two 

possible outcomes: (a) The 

documentation is satisfactory (i.e., the 

listed species and historic property 

screening procedures have been 

completed properly); or (b) the 

documentation is not adequate and 

additional information/evaluation is 

needed. If the initial submittal is 

deemed deficient, the EPA will identify 

any deficiencies and may offer further 

direction on completing the screening 

process(es). Once the source has 

addressed the noted deficiencies it must 

resubmit its updated screening 

procedure documentation to the EPA for 

review. The source must obtain written 

confirmation from the EPA indicating 

that it has adequately documented that 

the screening procedures have been 

properly completed before it can submit 

its Notification of Coverage Form. 

If the source qualifies for a permit by 

rule and intends to notify the reviewing 

authority that it is covered under the 

rule, the source may submit its 

Notification of Coverage Form upon the 

effective date of the permit by rule, 

generally 60 days after publication of 

the permit by rule in the Federal 

Register. Pursuant to the registration 

requirement of § 49.160(c)(1)(iii), the 

source must submit a completed 

Notification of Coverage Form to the 

reviewing authority. The Notification of 

Coverage Forms are available online at 

http://www.epa.gov/air/tribal/

tribalnsr.html or at: Docket ID No. EPA– 

HQ–OAR–2011–0151. The source must 

also submit a copy of the completed 

Notification of Coverage Form to the 

tribe in whose area of Indian country 

the source is locating or expanding. 

Upon receiving the Notification of 

Coverage Form, the EPA must post the 

notification on its Web site. The posting 

of the notification form is considered 

final agency action with respect to its 

applicability to an individual source. 

The sole issue that may be appealed 

after an individual source is covered 

under a permit by rule is the 

applicability of the permit by rule to 

that particular source. Appeals must be 

made to the U.S. Court of Appeals 

within 60 days of EPA’s action. The 

EPA is promulgating this process as a 

separate regulation from 40 CFR 49.159 

to provide a process for permits by rule 

that is streamlined compared to the twostep process provided in 40 CFR 49.159 

for general permits. 

The source must comply with all 

terms and conditions of the permit by 

rule. The source will be subject to 

enforcement action for failure to obtain 

a preconstruction permit if the 

emissions unit(s) or source is 

constructed under coverage of a permit 

by rule and the source is later 

determined not to qualify under the 

terms and conditions of the permit by 

rule. 

Coverage under a permit by rule 

becomes invalid if construction is not 

commenced within 18 months after the 

date of the posting of the completed 

Notification of Coverage Form under a 

source category permit by rule, if 

construction is discontinued for a 

period of 18 months or more, or if 

construction is not completed within a 

reasonable time. The reviewing 

authority may extend the 18-month 

period upon a satisfactory showing that 

an extension is justified. This provision 

does not apply to the time period 

between construction of the approved 

phases of a phased construction project; 

construction of each such phase must 

commence within 18 months of the 

projected and approved commencement 

date. Any source category covered by a 

permit by rule may also instead apply 

for a source-specific permit under 40 

CFR 49.154. 

The EPA received many comments on 

the regulatory framework proposed for 

establishing permits by rule. Summaries 

of all of these comments, and the EPA’s 

responses, are found in Section 4.1 of 

the RTC Document. Many of these 

commenters supported the EPA’s 

proposed use of permits by rule for 

GDFs, auto body repair and 

miscellaneous surface coating, and 

petroleum dry cleaning facilities, stating 

that a permit by rule is appropriate for 

these types of sources and that several 

states already use permits by rule for 

these source categories. A few 

commenters asserted that the use of 

permit by rule would expedite the 

permitting process, reduce 

administrative burdens and costs for 

permitting agencies, and allow the EPA 

to more efficiently manage minor 

sources. Two commenters expressed 

concerns about whether the EPA has the 

resources to process general permits in 

a timely manner, referenced issues 

experienced by the EPA Region 8 office 

when the synthetic minor source 

permitting program for that region 

became effective, and pointed to the 

Fort Berthold Indian Reservation FIP 38

used in that region as a model for EPA’s 

minor source permitting. Two 

commenters asserted that the permit by 

rule approach provides sufficient 

opportunities for public input, as well 

as retaining the public’s right to judicial 

review of any source’s receipt of 

coverage under a permit by rule. One 

commenter recommended that the 

requirement for certification of 

compliance be retained in the final rule, 

and that the applicant be required to 

mail a copy of the application to the 

reviewing authority for the reviewing 

authority’s records. A few commenters 

opposed use of permits by rule for these 

three source types, stating that the 

process does not allow for public notice 

and comment. Two commenters stated 

that a facility may not be aware of all 

aspects of the permitting process they 

must meet to comply. One commenter 

noted that neither the EPA nor the tribe 

would be able to review and confirm 

that a facility is providing the correct 

information. 

After carefully considering all of the 

comments on these issues, the EPA 

concludes that permits by rule are 

appropriate for the following three 

source categories and is, therefore, 

finalizing them: GDFs, auto body repair 

and miscellaneous surface coating 

operations, and petroleum dry cleaning 

facilities. In doing this, the EPA 

addresses the goal of protecting air 

quality, while reducing workloads of 

reviewing authorities and minimizing 

delays associated with the permitting 

process by providing a streamlined 

approach for permitting construction of 

less complex minor sources that have 

the simplest compliance requirements. 

The EPA disagrees with those 

commenters opposing the use of permits 

by rule. These three source types are 

relatively straightforward sources 

(compared to HMA plants and SQCS 

facilities), have similar operations and 

can be adequately controlled with a 

single set of control requirements 

without the need for additional 

reviewing authority evaluation or 

further public notice. Requiring these 

facilities to seek coverage under a 

general permit would add to the 

workload of the reviewing authority 

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25084 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

39The language of 40 CFR 49.160(c)(1)(iii) refers 

specifically to ‘‘applications.’’ Eligible sources that 

have decided to be covered by a permit by rule are 

not required to submit applications. They are 

required to submit ‘‘notification’’ forms to the 

reviewing authority that they are electing to be 

covered under a permit by rule. Submittal of the 

Notification of Coverage Form to the reviewing 

authority satisfies the registration requirement. 

40See the following memos available in the 

docket (ID No. EPA–HQ–OAR–2011–0151): 

‘‘Guidance on Limiting the Potential to Emit in New 

Source Permitting,’’ from Terrell E. Hunt, Associate 

Enforcement Counsel, Office of Enforcement and 

Compliance Monitoring and John S. Seitz, Director, 

Office of Air Quality Planning and Standards, to 

EPA Regional Counsels, 1–10, et al, June 13, 1989, 

http://www.epa.gov/ttn/atw/pte/june13_89.pdf; and 

‘‘Options for Limiting the Potential to Emit (PTE) 

of a Stationary Source Under Section 112 and Title 

V of the Clean Air Act (Act),’’ from John S. Seitz, 

Director, Office of Air Quality Planning and 

Standards, and Robert I. Van Heuvelen, Director, 

Office of Regulatory Enforcement, to Air Division 

Directors, EPA Regions 1–10, January 25, 1995, 

http://www.epa.gov/region7/air/title5/t5memos/

ptememo.pdf. 

without providing substantial benefits 

to air quality since a general permit 

would be unlikely to impose any 

additional substantive requirements. 

Since we are establishing the permit by 

rule through notice and comment 

rulemaking, the public has had an 

adequate opportunity to comment on 

the proposed rule and the provisions of 

the permits by rule for the three source 

categories. The public retains the 

opportunity for judicial review on the 

issue of whether the source should be 

able to gain coverage under the permit 

by rule. Regarding the concern that a 

facility may not be aware of all aspects 

of the permitting process, the EPA has 

developed multiple implementation 

tools and documents to provide 

facilities with the information necessary 

to understand the permitting process, 

assist facilities in navigating the 

permitting process and help to ensure 

that a facility meets critical permitting 

requirements. The EPA is adding the 

requirement to submit a copy of the 

Notification of Coverage Form to the 

relevant tribal government office when 

notifying the reviewing authority in 

order to ensure that the tribal 

government is aware of new facilities. 

The EPA is also clarifying that under 40 

CFR 49.160(c)(1)(iii), minor source 

applicants 39 (other than sources in the 

oil and natural gas sector) that must 

register with the EPA beginning on 

September 2, 2014, will do so by 

providing a copy of their minor source 

permit Notification of Coverage Form. 

One commenter argued that the use of 

permits by rule would effectively mean 

that sources exceeding the minor source 

permit threshold are exempt from a 

permit. Another commenter asserted 

that permits by rule are not appropriate 

for either true minor or synthetic minor 

sources. The commenter also stated that 

it is difficult to enforce against a source 

that has constructed in violation of the 

‘‘permit by rule’’ requirements. The EPA 

disagrees. Permits by rule are only 

available to true minor sources. As with 

source-specific permits and general 

permits, the permit by rule contains a 

set of enforceable terms and conditions 

that will ensure that facilities remain 

true minor sources. Facilities that 

cannot meet the throughput limitations 

or emission controls in the permits by 

rule would not be eligible for coverage. 

Facilities must submit a Notification of 

Coverage Form certifying that the 

facility will comply with all of the terms 

and conditions in the relevant permit by 

rule. Each permit by rule contains clear, 

enforceable terms and conditions such 

that noncompliance can quickly be 

identified. If a source operates in 

violation of the terms in a permit by rule 

for which the owner/operator has 

submitted a completed Notification of 

Coverage Form, the reviewing authority 

can revoke coverage under the permit by 

rule and the owner/operator may be 

subject to an enforcement action for 

failing to obtain a permit prior to 

commencing construction. 

One commenter pointed out that the 

proposed rule did not include ‘‘specific 

regulatory language’’ for any of the 

proposed permits by rule, and argued 

that the lack of regulatory text prevented 

full and complete public review and 

comment on the proposed rule. As 

discussed in Section VIII (Proposed 

Permits by Rule) of the preamble to the 

proposed rule, rather than proposing 

separate, specific regulatory language 

for any of the proposed permits by rule, 

we proposed a general approach to 

issuing permits by rule and to codify the 

requirements of the draft general 

permits for the specified source 

category. Therefore, EPA did effectively 

propose specific regulatory language for 

each proposed permit by rule. 

I. Use of General Permits and Permits by 

Rule To Create Synthetic Minor Sources 

1. Proposed Rule 

We proposed to allow a source to use 

coverage under general permits, 

including the permits by rule 

mechanism, to establish federally 

enforceable emission limitations that 

can restrict operations of an otherwise 

major source, such that the source 

qualifies as a synthetic minor source. 

We requested comment on all aspects of 

using general permits and permits by 

rule to create synthetic minor sources 

generally and with respect to the five 

source categories in the proposed rule. 

We requested specific comment on 

whether: 

• Any regulatory changes in the 

permits being proposed would be 

necessary to implement this change in 

policy; 

• A source should be allowed to 

qualify to use a general permit or permit 

by rule to become a synthetic minor 

source, and then subsequently use a 

general permit or permit by rule to 

authorize construction or modification 

activities; 

• Both regulatory purposes can be 

achieved in a single general permit/

permit by rule; 

• Permits by rule are an appropriate 

type of permit for creating synthetic 

minor sources, given that the permit 

notification does not provide an 

opportunity for public input on the 

coverage of a particular source by a 

permit by rule; 

• Any specific changes that would 

need to be made to the general permits 

to include provisions for creating 

synthetic minor permits for these source 

categories; 

• Any specific changes that would 

need to be made in the production 

limits of each permit to properly 

regulate synthetic minor sources for 

these categories; and 

• Permit conditions include sufficient 

monitoring, recordkeeping and 

reporting provisions to: (a) Assure 

continuous compliance; and (b) lower 

the emissions potential to that of a true 

minor source. 

2. Final Action, Comments and 

Responses 

In our final action, we have modified 

the EPA’s policy on the use of general 

permits to create synthetic minor 

sources and are allowing the use of 

general permits to create synthetic 

minor sources. We have further 

concluded that it is not appropriate to 

allow the use of permits by rule to 

create synthetic minor sources. 

Consistent with EPA guidance,40 we 

have set the throughput limits in the 

HMA and SQCS general permits at 

levels sufficiently low to ensure a 

margin of safety between a source’s 

permitted throughput limit (and 

corresponding emissions) and the major 

source thresholds, since the general 

permits for these two source categories 

are written for use by both true minor 

and synthetic minor sources (see 

Section IV.F. Use of Throughput 

Limits). 

The EPA received numerous 

comments regarding the use of general 

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41The throughput limits for the permits by rule 

being promulgated today are also set at levels to 

keep covered sources’ emissions below the NSR 

major source thresholds. However, because the 

permit by rule cannot be used to create synthetic 

minor sources, it is not necessary to lower the 

throughput limits for the three source categories to 

reflect an added margin to account for uncertainties 

of measurement, emissions from unpermitted 

activities, variability in emission rates, and excess 

emissions during startup, shutdown, or 

malfunction. 

permits and specific regulatory changes 

to the draft permits for each source 

category to address synthetic minor 

sources. A summary of all of these 

comments, and the EPA’s responses, are 

found in Sections 5.1 and 5.3 of the RTC 

Document. 

Many commenters supported the use 

of general permits or permits by rule to 

create synthetic minor sources. A few 

commenters agreed that major sources 

should be able to take advantage of this 

streamlined permitting process, noted 

that this process would provide an 

incentive for sources that would 

otherwise be considered a major source 

to voluntarily reduce emissions, and 

that these general permits will satisfy 

the air quality standards set by the NSR 

program. As noted, the EPA is not 

finalizing the use of a permit by rule to 

create synthetic minor sources, but will 

allow the use of a general permit for that 

purpose. Because we are finalizing 

general permits in this action for only 

two source categories (HMA plants and 

SQCS facilities), only general permits 

for these two source categories can be 

used to create synthetic minor sources. 

Several commenters stated that the 

use of general permits to establish 

federally enforceable emissions limits 

will ensure that emissions from 

synthetic minor sources are 

appropriately restricted. The 

commenters further stated that this 

would result in efficiency for both 

operators and regulatory agencies, while 

leading to improved health and welfare 

in Indian country. A few commenters 

requested that the EPA provide more 

discussion regarding the technical 

process for developing a general permit, 

and asked how the EPA plans to address 

compliance with the one-hour and 

annual NO2 NAAQS. The EPA agrees 

that the use of general permits to 

establish federally enforceable limits on 

PTE will ensure that emissions from 

synthetic minor sources are 

appropriately restricted. The EPA has 

revised the throughput limits and fuel 

use limits in the HMA and SQCS 

general permits to keep covered sources’ 

emissions below the NSR major source 

thresholds, with an adequate margin to 

account for uncertainties of 

measurement, emissions from 

unpermitted activities, variability in 

emission rates, and excess emissions 

during startup, shutdown, or 

malfunction.41 We agree with 

commenters that, if appropriately 

restricted and monitored, synthetic 

minor sources covered by a general 

permit would not pose an 

environmental concern and would have 

emissions similar to sources subject to 

a source-specific permit. 

With respect to the NO2 NAAQS, EPA 

conducted a control technology review 

that is discussed in the proposed rule 

(See Section V. Source Categories for 

Which Draft General Permits in Indian 

Country are Available for Public 

Review). The EPA believes that the final 

permits we are issuing and 

promulgating today are appropriately 

protective of the NAAQS (see Section 

IV.E. Control Technology Review). 

However, we reserve the ability to deny 

coverage under a general permit based 

on concerns we may have about the 

state of air quality in the area where a 

source is seeking to locate or modify, 

and the potential impacts of an 

individual source in that area. 

A few commenters reiterated that 

case-by-case permitting determinations 

for source types where equipment and 

operations do not differ significantly 

from source to source is unnecessary. 

One commenter noted that state 

programs have used general permits and 

permits by rule to authorize synthetic 

minor sources, and that these permitting 

programs afford permittees consistency, 

predictability, and efficiency, while 

reducing the administrative burden on 

the permitting authority and allowing 

permittees of similar sites to operate on 

a level playing field. A few commenters 

pointed to the Fort Berthold FIP as an 

example of the successful use of general 

permits or permits by rule for synthetic 

minor permits, also noting that the 

requirements of the Fort Berthold FIP 

were consistent with the requirements 

of the North Dakota SIP; thus, providing 

a level playing field. The EPA agrees 

with commenters that the use of general 

permits to create synthetic minor 

sources provides consistency, 

predictability, and efficiency, and 

reduces the administrative burden on 

the permitting authority, while allowing 

for greater scrutiny in the review of the 

permit application by the reviewing 

authority. The EPA is not finalizing the 

use of permits by rule for synthetic 

minor sources because permits by rule 

do not provide for the same level of 

review and scrutiny by the reviewing 

authority. They also do not provide the 

same level of public participation. The 

EPA does not believe it is necessary to 

establish a separate general permit for 

the specific purpose of creating 

synthetic minor sources. The EPA is, 

therefore, providing one general permit 

each for the HMA and SQCS source 

categories that are suitable for true 

minor and synthetic minor sources. The 

EPA has balanced the need to provide 

a level regulatory playing field with the 

need to protect the NAAQS. (However, 

the issue does not arise for the three 

permit by rule source categories in this 

action because the permit by rule is not 

a suitable mechanism for creating 

synthetic minor sources.) 

Several commenters provided support 

for the use of general permits to create 

synthetic minor sources, but opposed 

the use of permit by rule for this 

purpose, while several commenters 

advocated for the use of a permit by rule 

for synthetic minor sources. Two 

commenters asserted that no additional 

risk of noncompliance would result 

from the use of permits by rule for 

synthetic minor sources, while another 

commenter urged the EPA to consider 

using the streamlined permits for 

synthetic minor sources on a case-bycase basis. The EPA has determined that 

a permit by rule approach is not 

appropriate for creating synthetic minor 

sources. We are only allowing the use of 

general permits to create synthetic 

minor sources, which allows for greater 

scrutiny in the review of the permit 

application by the reviewing authority. 

This level of review helps to ensure that 

a particular source that would otherwise 

be major is likely to be able to comply 

with the throughput limits and 

emissions control requirements in the 

general permit, thereby ensuring that 

the source’s emissions will be below the 

major source threshold(s). We believe 

that this level of review is necessary for 

sources with a PTE that would 

otherwise be above the major source 

threshold(s). Because permits by rule do 

not provide for the same level of review 

regarding coverage, we are not finalizing 

the use of permits by rule to create 

synthetic minor sources. 

A few commenters urged that the EPA 

make regulatory changes to be more 

explicit and to inhibit future litigation 

concerning the issuance of general 

permits or permits by rule for synthetic 

minor sources, while other commenters 

urged the EPA to include more stringent 

monitoring, recordkeeping and 

reporting requirements so that synthetic 

minor sources can prove their emissions 

are below the major source thresholds. 

A few commenters supported the EPA’s 

suggestion to issue synthetic minor 

permits only to sources with actual 

emissions at a margin below the major 

source thresholds. This would assure 

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25086 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

that synthetic minor sources do not 

inadvertently become major sources. 

Several commenters disagreed, stating 

that the EPA should not require more 

stringent monitoring, recordkeeping and 

reporting requirements for synthetic 

minor sources using a general permit or 

permit by rule. Other commenters stated 

that the EPA should not impose 

additional requirements or limitations 

on the use of general permits or permits 

by rule for synthetic minor sources. A 

few commenters argued that compliance 

with permit limits will be required 

regardless of whether a source is a true 

or synthetic minor source, and 

requested that the general permits, 

implementation documents, and tools 

contained in the proposed rule be 

amended to allow both true and 

synthetic minor sources to apply for 

coverage. The EPA is not setting a 

requirement that synthetic minor 

permits may only be issued to sources 

with actual emissions at a margin below 

the major source thresholds, but we are 

requiring sources to identify whether 

they are a synthetic minor source in 

their Request for Coverage Form. In the 

application process, permittees could 

apply for a general permit for purposes 

of creating a synthetic minor source 

only if they meet the eligibility 

requirements and are able to comply 

with the federally-enforceable limits 

established in the general permit. Once 

EPA approves the Request for Coverage, 

the requirements in the general permit 

become federally-enforceable limits on 

the source’s PTE. The monitoring, 

recordkeeping and reporting 

requirements remain the same for true 

minor sources and synthetic minor 

sources. 

J. Use of Both Permitting Mechanisms 

for Certain Source Categories 

1. Proposed Rule 

The EPA requested comments on 

finalizing both permitting mechanisms 

for a given source category by providing 

authorization to construct or modify 

true minor sources via permits by rule 

and by providing enforceable 

limitations to create synthetic minor 

sources via general permits. We sought 

comment on whether this concept 

should be applied differently or the 

same for different source categories. 

2. Final Action, Comments and 

Responses 

The EPA has decided to not make 

both permit types available for any 

single source category largely because 

we have determined that none of the 

five source categories would be suitable 

candidates for both permit types. As 

proposed, the EPA is finalizing general 

permits for the HMA and SQCS source 

categories, but is not finalizing permits 

by rule because the EPA does not 

believe that true minor sources in these 

two source categories are good 

candidates for permits by rule. For the 

other three source categories in today’s 

final action, the EPA is finalizing only 

permits by rule because we do not 

believe that it is necessary to provide 

general permits for these categories as 

the potential impacts of emissions from 

sources in these categories can be 

readily addressed through a permit by 

rule. We believe that the majority of 

sources in the three source categories in 

this action for which we are 

promulgating permits by rule are not 

major sources and, therefore, would not 

need to seek synthetic minor status. 

However, any source in these three 

source categories that performs a PTE 

analysis and determines it is a major 

source can seek synthetic minor source 

status through a site-specific permit. 

The EPA received comments 

regarding finalizing both permitting 

mechanisms (general permits and 

permits by rule) for GDFs, auto body 

repair and miscellaneous surface 

coating operations, and petroleum dry 

cleaning facilities. Summaries of all of 

these comments and our responses to 

them are contained in Section 5.2 of the 

RTC Document. 

While one commenter supported the 

establishment of both permitting 

mechanisms for these three source 

types, several commenters opposed the 

EPA’s proposed ‘‘hybrid approach’’ to 

establishing permits by rule for true 

minor sources and general permits for 

synthetic minor sources. Several 

commenters suggested that permits by 

rule would work as well as a general 

permit for any source category, and that 

the EPA should accordingly treat true 

and synthetic minor sources for all 

source categories in the same manner. 

As noted, the EPA is not adopting a 

hybrid approach of establishing general 

permits for synthetic minor sources and 

permits by rule for true minor sources. 

The EPA does not anticipate that these 

three source types would require a 

synthetic minor permit or that a hybrid 

approach would be necessary. 

K. Use of More Than One General 

Permit and/or Permit by Rule for a 

Source at a Single Location 

1. Proposed Rule 

As proposed, the intent of this minor 

source permitting process is to ensure 

that a single stationary source gains 

coverage under a general permit or 

permit by rule only if its PTE is below 

major source emission levels. We 

requested comment on whether to allow 

a single stationary source to gain 

coverage under more than one general 

permit or permit by rule. We also 

requested comment on whether we 

should categorically decline to allow 

coverage under more than one general 

permit or permit by rule for a single 

stationary source, or whether the 

application/notification materials offer 

the EPA an adequate opportunity to 

verify that source-wide PTE for a 

stationary source is below major source 

levels. 

2. Final Action, Comments and 

Response 

The EPA received comments related 

to the use of more than one general 

permit or permit by rule for a source at 

a single location. Summaries of all of 

these comments and our responses to 

them are contained in Section 5.4 of the 

RTC Document. In this final action, as 

discussed in detail below, we are 

retaining the approach in our proposal 

on calculating PTE emissions for permit 

eligibility purposes, and we are 

adjusting the throughput limits in the 

HMA and SQCS general permits to 

accommodate cases of co-location for 

those two source categories. 

Several commenters supported 

allowing the use of more than one 

general permit or permit by rule for a 

single source with different types of 

equipment or co-located processes. One 

commenter asserted that co-located 

sources should not be precluded from 

using general permits if site-wide 

emissions remain below major source 

thresholds. A few commenters 

expressed concerns with allowing a 

synthetic minor source to acquire 

coverage under more than one general 

permit or permit by rule, as it could 

potentially allow a source to 

incrementally increase emissions and 

avoid major NSR preconstruction 

review and other regulatory 

requirements. Other commenters 

disagreed, asserting that there is no 

basis in the rulemaking record for 

assuming that the use of more than one 

general permit or permit by rule might 

allow a source to increase emissions 

beyond regulatory requirements. Several 

commenters contended that a permit by 

rule for larger, more complex sources, or 

synthetic minor sources would not 

provide for adequate review by a 

reviewing authority, and suggested 

including a requirement to report total 

emissions to prove the source is in 

compliance. 

The EPA is finalizing its proposed 

policy with respect to a source gaining 

coverage under multiple general permits 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25087 

42 ‘‘Review of New Sources and Modifications in 

Indian Country,’’ U.S. Environmental Protection 

Agency, 76 FR 38770, July 1, 2011, https://

www.federalregister.gov/articles/2011/07/01/2011- 

14981/review-of-new-sources-and-modifications-inindian-country. 

43For more information, go to: http://

www.epa.gov/ghgreporting/index.html. 

44The results of this analysis can be found at 

Docket ID No. The EPA–HQ–OAR–2011–0151 and 

online at http://www.epa.gov/air/tribal/

tribalnsr.html. 

45 ‘‘General Permits and Permits by Rule for the 

Federal Minor New Source Review Program in 

Indian Country,’’ U.S. Environmental Protection 

Agency, 79 FR 41846, July 17, 2014, http://

www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014- 

16814.pdf. 

or permits by rule with modifications. 

Under the proposed policy, to qualify 

for a general permit or permit by rule a 

source must sum the PTE of its new, 

modified and existing units. If that sum 

is below major source thresholds, the 

source is a true minor source and is 

eligible for a true minor source general 

permit or permit by rule, provided it can 

meet the permits’ throughput limits and 

other terms and conditions (even if the 

source is already subject to an existing 

general permit/permit by rule). In this 

final action, we also allow the same 

steps for synthetic minor sources 

seeking a general permit. In both cases, 

the agency reserves the ability to deny 

a general permit for synthetic minor 

sources seeking to combine new 

emissions with existing emissions if the 

reviewing authority has concerns about 

local air quality conditions. 

In addition, we have modified the 

general permit applications for HMA 

plants and SQCS facilities so as to allow 

those source types to co-locate, if 

desired. If the applicant is seeking such 

co-location, the permit contains the 

option to comply with alternative 

throughput limits set low enough to 

ensure the source’s emissions are below 

the level that would trigger the 

requirement to obtain a title V permit. 

L. Additional Source Categories for 

General Permits and/or Permits by Rule 

1. Proposed Rule 

In developing the proposal, the EPA 

solicited input from tribal governments 

and the EPA Regional Offices on which 

source categories should be covered by 

streamlined permitting in Indian 

country. The tribes and the EPA 

Regional Offices identified the five 

source categories addressed in the 

proposed action because they were 

thought to be common in Indian country 

and were good potential candidates for 

streamlined permitting for several 

reasons: They represent categories of 

emissions units or stationary sources 

that are similar in nature, have 

substantially similar emissions, and 

would be subject to the same or 

substantially similar permit 

requirements.42 The following source 

categories were also thought to be good 

candidates for streamlined permitting: 

• Printing operations (including 

solvent cleaning/degreasing); 

• Engines (spark and compression 

ignition); 

• Concrete batch plants; 

• Saw mills; 

• Landfill operations; 

• Boilers; and 

• Oil and gas production and 

operations. 

We requested comment on whether 

the additional source categories 

identified above should receive 

coverage by general permits or permits 

by rule, including comments as to 

which categories are appropriate for 

each type of rule. With respect to 

landfill operations, the EPA specifically 

requested comment on whether enough 

landfill activity is occurring in Indian 

country to warrant the development of 

a general permit or permit by rule. In 

connection with the EPA’s Municipal 

Solid Waste Landfills New Source 

Performance Standard (40 CFR 60.750, 

subpart WWW), the EPA created a 

database of active landfills across the 

U.S. using information from the EPA’s 

Greenhouse Gas Reporting Program,43

Landfill Methane Outreach Program, 

and Information Collection Request 

Center. The database indicates there is 

a very small number of landfills in 

Indian country. These results were 

compared to the source culling that we 

did with the National Emissions 

Inventory and the lists of sources from 

Regions 5 and 10, which also showed 

few landfills in Indian country. Based 

on this information, we indicated that 

we were not convinced that the 

resources necessary to develop a general 

permit or permit by rule for landfills 

would be justified and requested 

comment on the issue.44

2. Final Action, Comment and Response 

The EPA received comments related 

to additional source categories for 

which general permits or permits by 

rule might be appropriate. Summaries of 

all of those comments and our responses 

to them are contained in Sections 6.1, 

6.2, 6.3, and 6.4 of the RTC Document. 

The EPA received several comments in 

support of the use of general permits or 

permits by rule for minor sources for 

engines, concrete batch plants, saw 

mills, boilers, printing operations, and 

landfills, and only one comment in 

opposition. Aside from landfill 

operations, the source categories 

discussed in this section are being 

addressed in separate actions. In 

particular, in July 2014, the EPA 

proposed a combination of general 

permits and permits by rule for spark 

ignition engines, compression ignition 

engines, saw mills, graphic arts and 

printing operations, boilers, and 

concrete batch plants, but not for 

landfills.45 A review of the available 

data for landfills in Indian country 

indicates that there are a limited 

number of these sources in Indian 

country, and we do not expect this to 

change. As a result, we do not think that 

the establishment of a general permit or 

permit by rule for this source category 

is warranted. 

The EPA received numerous 

comments supporting the development 

of general permits or permits by rule for 

the oil and natural gas source category, 

noting that these permits offer operators 

a level of certainty regarding permitting 

requirements, will reduce emissions, 

and will decrease regulatory burdens for 

sources and regulators. A few 

commenters also expressed support for 

the use of general permits or permits by 

rule for synthetic minor sources in the 

oil and natural gas source category, 

because the facilities and emission 

controls do not significantly vary from 

site to site. The EPA has determined 

that permitting for sources in the oil and 

natural gas source category should be 

dealt with in a separate action because 

of the unique characteristics of those 

sources. Accordingly, in May 2014, the 

EPA issued an ANPR to solicit input on 

potential permitting approaches to 

address emissions from new, modified 

and existing oil and natural gas 

production activities. The EPA will 

consider the comments received in 

response to the original January 14, 

2014, proposed rule concerning the 

permitting of minor oil and natural gas 

sources in Indian country in the action 

it will take as a follow up to the ANPR. 

M. Final Rule Changes to the Federal 

Indian Country Minor NSR Rule 

1. Proposed Rule 

In the January 14, 2014, notice, we 

proposed five changes to three separate 

provisions in the existing Federal Indian 

Country Minor NSR rule to ensure the 

smooth functioning of the general 

permit program: 

(a) Shortening the general permit 

application review process from 90 to 

45 days for certain source categories 

(§ 49.156(e)(4)); 

(b) Adjusting the deadline by which 

minor sources covered by a general 

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25088 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

46 ‘‘Review of New Sources and Modifications in 

Indian Country Amendments to the Registration 

and Permitting Deadlines for True Minor Sources,’’ 

U.S. Environmental Protection Agency, 79 FR 

34231, June 16, 2014, http://www.gpo.gov/fdsys/

pkg/FR-2014-06-16/pdf/2014-14030.pdf. 

permit need to obtain a preconstruction 

permit (§ 49.151(c)(1)(iii)(B)); 

(c) Extending the permitting deadline 

for true minor sources within the oil 

and gas source category 

(§ 49.151(c)(1)(iii)(B)); 

(d) Removing a provision to make it 

clear that sources may seek coverage 

under a general permit as soon as it is 

effective and need not wait an 

additional four months (§ 49.156(e)(1)); 

and 

(e) Adjusting the deadline for oil and 

natural gas sources for certain 

registration related requirements to be 

consistent with the proposed permitting 

deadline extension (§ 49.160(c)(1)(ii) 

and (iii)). 

We proposed the first change for three 

source categories: GDFs, auto body 

repair and miscellaneous surface 

coating operations, and petroleum dry 

cleaning facilities. 

2. Final Action, Comments and 

Responses 

On June 16, 2014, EPA issued final 

amendments 46 addressing three of the 

changes: 

• Adjusted the deadline by which 

minor sources covered by a general 

permit need to obtain a preconstruction 

permit by eliminating a requirement for 

all true minor sources that begin 

operation before September 2, 2014, to 

obtain a minor NSR permit 6 months 

after the EPA publishes a general permit 

(no general permits were finalized by 

May 2014, so the provision was moot) 

(§ 49.151(c)(1)(iii)(B)) (pertains to item 

(b) under above Section 1. Proposed 

Rule); 

• Extended the permitting deadline 

for true minor sources within the oil 

and gas source category 

(§ 49.151(c)(1)(iii)(B)) (pertains to item 

(c) under above Section 1. Proposed 

Rule); and 

• Adjusted the deadline for oil and 

gas sources for certain registrationrelated requirements to be consistent 

with the proposed permitting deadline 

extension (§ 49.151(c)(1)(iii)(A)) and 

§ 49.160(c)(1)(ii) and (iii)) (pertains to 

item (e) under above Section 1. 

Proposed Rule). 

The comments received on these 

changes were addressed in the June 16, 

2014, Federal Register notice. 

In today’s final action, we are 

addressing the two other proposed 

changes: 

• Shortening the general permit 

application review process from 90 to 

45 days for certain source categories 

(§ 49.156(e)(4)) (pertains to item (a) 

under above Section 1. Proposed Rule); 

and 

• Removing a provision to make clear 

that sources may seek coverage under a 

general permit as soon as it is effective 

and need not wait an additional 4 

months (§ 49.156(e)(1)) (pertains to item 

(d) under above Section 1. Proposed 

Rule). 

The first change is now moot because 

we are finalizing permits by rule for the 

three source categories in question 

(except that the GDF permit by rule does 

not cover California); the permit by rule 

process does not include an application 

review. We are addressing the second 

change by amending § 49.156(e)(1) to 

make the general permits available as 

soon as they are effective, which is 

generally 60 days after signature. In 

addition, we have added a provision to 

ensure that this is also true for permits 

by rule that we promulgate. 

The EPA received comments related 

to these two changes. Summaries of all 

comments and our responses are 

contained in Section 7.0 of the RTC 

Document. Several commenters 

supported the EPA’s proposal to amend 

§ 49.156(e)(1) so that minor sources 

would not be required to wait four 

months to seek coverage under the 

general permit after the general permit’s 

effective date, but may seek coverage as 

soon as the general permit is effective. 

The EPA is removing the requirement 

for sources to wait four months after the 

general permit is finalized to request 

coverage. The EPA also received a 

number of comments related to 

shortening the general permit 

application review process from 90 to 

45 days for certain source categories. 

Multiple commenters supported the 

EPA’s proposal to shorten the general 

permit application review process from 

90 to 45 days for 3 of the proposed 

source categories (GDFs, auto body 

repair and miscellaneous surface 

coating operations, and petroleum dry 

cleaning facilities). A few commenters 

recommended that the EPA consider 

reducing the application review period 

for general permits to 30 days. As noted, 

the EPA is not finalizing revisions to 

§ 49.156(e)(4) to shorten the General 

Permit application review process from 

90 to 45 days for the permits for the 

GDF, auto body repair and 

miscellaneous surface operations, or 

petroleum dry cleaning source 

categories because we are not issuing 

general permits for those source 

categories. Rather, we are establishing 

permits by rule, for which there is no 

review process for these three source 

categories. 

We are promulgating a minor 

amendment to § 49.151(c)(1)(iii)(B) by 

adding the words ‘‘permit by rule’’ after 

general permit to ensure that it is clear 

that the permit by rule option is 

available to true minor sources required 

to obtain a minor source permit. The 

section reads as follows with the added 

amendatory words ‘‘/permit by rule’’: 

‘‘If your true minor source is not an 

oil and natural gas source and you wish 

to begin construction of a new true 

minor source or a modification at an 

existing true minor source on or after 

September 2, 2014, you must first obtain 

a permit pursuant to §§ 49.154 and 

49.155 (or a general permit/permit by 

rule pursuant to § 49.156, if applicable). 

If your true minor source is an oil and 

natural gas source and you wish to 

begin construction of a new true minor 

source or a modification at an existing 

true minor source on or after March 2, 

2016, you must first obtain a permit 

pursuant to §§ 49.154 and 49.155 (or a 

general permit/permit by rule pursuant 

to § 49.156, if applicable). The proposed 

new source or modification will also be 

subject to the registration requirements 

of § 49.160, except for sources that are 

subject to § 49.138.’’ 

Finally, we are promulgating a minor 

amendment to § 49.156 by adding the 

words ‘‘permits by rule’’ after general 

permits to ensure that it is clear that the 

section also contains requirements for 

permit by rule. The introductory 

paragraph to the section reads as follows 

with the added amendatory words ‘‘/

permits by rule’’: 

‘‘This section applies to general 

permits/permits by rule for the purposes 

of complying with the preconstruction 

permitting requirements for sources of 

regulated NSR pollutants under this 

program.’’ 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action merely establishes 

general permits and/or permits by rule 

to satisfy the requirements of the 

Federal Indian Country Minor NSR rule. 

Such permits are already available in 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25089 

many states. It does not impose any new 

obligations or enforceable duties on any 

state, local or tribal government or the 

private sector. Therefore, this action 

does not impose an information 

collection burden. OMB has previously 

approved the information collection 

activities in the permits in this action, 

which are contained in the Information 

Collection Request for Federal Indian 

Country Minor NSR rule issued in July 

2011 (OMB Control No. 2060–0003). 

C. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities. An 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. The EPA 

analyzed the impact of streamlined 

permitting on small entities in the 

Federal Indian Country Minor NSR rule 

(76 FR 38748, July 1, 2011). The EPA 

determined that that action would not 

have a significant economic impact on 

a substantial number of small entities. 

Today’s action merely implements a 

particular aspect of the Federal Indian 

Country Minor NSR rule. As such, this 

action will not have a significant 

economic impact on a substantial 

number of small entities. We have, 

therefore, concluded that this action 

will have no net regulatory burden for 

all directly regulated small entities. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandates, as described in the 

Unfunded Mandates Reform Act, 2 

U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. The EPA has 

conducted outreach on this rule via ongoing monthly meetings with tribal 

environmental professionals in the 

development of this final action. This 

action reflects tribal comments on and 

priorities for developing general permits 

and permits by rule in Indian country. 

The EPA offered consultation to elected 

tribal officials immediately after 

proposal on December 16, 2013, via 

letter to 566 tribes to provide an 

opportunity for meaningful and timely 

input into the development of this 

regulation. No tribal officials requested 

consultation on this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental, health or safety risks 

that the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

The final action involves technical 

standards. The EPA has decided to use 

the EPA Methods 5, 7E and 10. While 

for the proposal the agency identified 13 

voluntary consensus standards (ASME 

B133.9–1994 (2001), ISO 9096:1992 

(2003), ANSI/ASME PTC–38–1980 

(1985), ASTM D3685/D3685M–98 

(2005), CAN/CSA Z223.1–M1977, 

ANSI/ASME PTC 19–10–1981—Part 10, 

ISO 10396:1993 (2007), ISO 12039:2001, 

ASTM D5835–95 (2007), ASTM D6522– 

00 (2005), CAN/CSA Z223.2–M86 

(1999), CAN/CSA Z223.21–M1978, 

ASTM D3162–94 (2005)) as being 

potentially applicable, we are not 

finalizing these in this rulemaking. The 

use of these voluntary consensus 

standards would not be practical with 

applicable law due to a lack of 

equivalency, documentation, validation 

data and other important technical and 

policy considerations. The EPA did not 

receive comments that have caused us 

to alter the standards and methods in 

the final permits. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potentially, 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action does not affect 

the level of protection provided to 

human health or the environment. This 

final rule merely implements certain 

aspects of the Federal Indian Country 

Minor NSR rule. Therefore, this final 

action will not have a 

disproportionately high and adverse 

human health or environmental effects 

on minorities, low-income, indigenous 

populations in the United States. 

Our primary goal in developing this 

program is to ensure that air resources 

in Indian country will be protected in 

the manner intended by the CAA. This 

Rule will reduce adverse impacts by 

improving air quality in Indian country. 

In addition, we seek to establish a 

flexible preconstruction permitting 

program for minor sources in Indian 

country that is comparable to similar 

programs in neighboring states in order 

to create a more level regulatory playing 

field for owners and operators within 

and outside of Indian country. This Rule 

will reduce an existing disparity by 

filling the regulatory gap. 

K. Congressional Review Act 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Indians, Indians-law, Indians-tribal 

government, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

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25090 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

Dated: April 17, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, Chapter 1 of the Code 

of Federal Regulations is amended as 

follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart C—General Federal 

Implementation Plan Revisions 

■ 2. Section 49.151 is amended by 

revising paragraph (c)(1)(iii)(B) to read 

as follows: 

§ 49.151 Program overview. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) * * * 

(B) If your true minor source is not an 

oil and natural gas source and you wish 

to begin construction of a new true 

minor source or a modification at an 

existing true minor source on or after 

September 2, 2014, you must first obtain 

a permit pursuant to §§ 49.154 and 

49.155 (or a general permit/permit by 

rule pursuant to § 49.156, if applicable). 

If your true minor source is an oil and 

natural gas source and you wish to 

begin construction of a new true minor 

source or a modification at an existing 

true minor source on or after March 2, 

2016, you must first obtain a permit 

pursuant to §§ 49.154 and 49.155 (or a 

general permit/permit by rule pursuant 

to § 49.156, if applicable). The proposed 

new source or modification will also be 

subject to the registration requirements 

of § 49.160, except for sources that are 

subject to § 49.138. 

* * * * * 

■ 3. Section 49.156 is amended by 

revising the section heading, the 

introductory text, and paragraph (e)(1), 

and by adding paragraph (f) to read as 

follows: 

§ 49.156 General permits and permits by 

rule. 

This section applies to general 

permits/permits by rule for the purposes 

of complying with the preconstruction 

permitting requirements for sources of 

regulated NSR pollutants under this 

program. 

(e) * * * 

(1) If your source qualifies for a 

general permit, you may submit a 

Request for Coverage under that general 

permit to the reviewing authority upon 

the effective date of the general permit, 

generally 60 days after publication of 

the general permit in the Federal 

Register. 

* * * * * 

(f) Permits by rule overview—(1) What 

is a permit by rule? A permit by rule is 

a preconstruction permit issued by a 

reviewing authority that may be applied 

to a number of similar emissions units 

or sources within a designated category. 

The purpose of a permit by rule is to 

simplify the permit issuance process for 

similar facilities so that a reviewing 

authority’s limited resources need not 

be expended for case-by-case permit 

development for such facilities. A 

permit by rule may be written to address 

a single emissions unit, a group of the 

same type of emissions units or an 

entire minor source. A source wishing 

to operate pursuant to a permit by rule 

must submit a Notification of Coverage 

Form to the reviewing authority prior to 

commencing construction or 

modification. Once a source submits the 

Notification of Coverage and the EPA 

posts it online, the source may 

commence construction or modification 

without further action by the reviewing 

authority. 

(2) When and where does a permit by 

rule apply? The provisions of a permit 

by rule established under the authority 

of this section apply on reservations and 

other areas of Indian country for which 

a tribe, or EPA acting in a tribe’s stead, 

has demonstrated that a tribe has 

jurisdiction and where there is no EPAapproved tribal minor NSR program and 

according to the following 

implementation schedule: Sources that 

qualify for a permit by rule and have 

completed and submitted to the 

reviewing authority and the tribe in the 

affected area that is covered under the 

permit by rule the required Notification 

of Coverage may commence 

construction of a new source or 

modification of an existing source after 

the reviewing authority has posted the 

Notification of Coverage Form online. If 

your source qualifies for a permit by 

rule, you may submit a Notification of 

Coverage Form under that permit by 

rule upon the effective date of the 

permit by rule, generally 60 days after 

publication of the permit by rule in the 

Federal Register. 

(3) How will the reviewing authority 

issue permits by rule? The reviewing 

authority will issue permits by rule as 

follows: 

(i) A permit by rule may be issued for 

a category of emissions units or sources 

that are similar in nature, have 

substantially similar emissions and 

would be subject to the same or 

substantially similar requirements 

governing operations, emissions, 

monitoring, reporting and 

recordkeeping. ‘‘Similar in nature’’ 

refers to size, processes and operating 

conditions. 

(ii) A permit by rule must be issued 

according to the applicable 

requirements in §§ 49.154(c) and (d) and 

49.155. 

(4) For what source categories will 

source category permits by rule be 

issued? (i) The reviewing authority will 

determine at its discretion which 

categories of true minor sources are 

appropriate for coverage under a permit 

by rule. 

(ii) Permits by rule will be issued at 

the discretion of the reviewing 

authority. Issuance of a permit by rule 

is considered final agency action with 

respect to all aspects of the permit by 

rule except its applicability to an 

individual source. Permits by rule for 

additional source categories may be 

added in the future following the 

procedure set forth in paragraph 

(e)(3)(ii) of this section. 

(iii) Permits by rule are currently 

available for the following source 

categories: 

(A) Auto body repair and 

miscellaneous surface coating 

operations (§ 49.162). 

(B) Petroleum dry cleaning facilities 

(§ 49.163). 

(C) Gasoline dispensing facilities 

(§ 49.164). 

(5) What should the permit by rule 

contain? A source category permit by 

rule must include the permit elements 

listed in § 49.155(a). 

(6) What procedures must you follow 

to obtain coverage for your source under 

a permit by rule? 

(i) You must determine whether your 

source is a true minor source by 

following the procedures outlined in 

§ 49.153. 

(ii) If you determine your source is a 

true minor source, then to be eligible to 

be covered by the permit you must be 

willing to accept the terms and 

conditions of the permit by rule, 

including emissions limits that are 

either directly expressed as limits or 

specified as an operational throughput 

limit or threshold. 

(iii) Prior to submitting a completed 

Notification of Coverage to the 

reviewing authority notifying the 

reviewing authority that you are covered 

under a permit by rule, you must first 

submit documentation to the EPA (and 

to the tribe where the source is located/ 

locating) demonstrating that you have 

completed the screening processes 

specified for consideration of threatened 

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and endangered species and historic 

properties and receive a determination 

from the EPA stating that you have 

satisfactorily completed these processes. 

(The processes are contained in the 

following document: ‘‘Procedures to 

Address Threatened and Endangered 

Species and Historic Properties for New 

or Modified True Minor Sources in 

Indian Country Seeking Air Quality 

Permits by Rule,’’ http://www.epa.gov/

air/tribal/tribalnsr.html.) Within 30 

days of receipt of your documentation, 

by letter to you, the reviewing authority 

must provide a determination that: The 

documentation satisfactorily 

demonstrates completion of the 

threatened and endangered species and 

historic property processes; or the 

documentation is not adequate and 

additional information is needed. If the 

initial submittal is deficient, the 

reviewing authority will note any such 

deficiencies and may offer further 

direction on completing the screening 

process(es). Once you have addressed 

the noted deficiencies you must 

resubmit your threatened and 

endangered species and historic 

property screening procedure 

documentation for review. An 

additional 15-day review notification 

period will be used for the reviewing 

authority to determine whether the 

ESA/NHPA screening procedures have 

been satisfied. If they have, the 

reviewing authority will send you a 

letter so stating. You must obtain a letter 

from the reviewing authority indicating 

that the source has adequately 

completed the processes regarding 

threatened and endangered species and 

historic properties is necessary before 

you can qualify for coverage under the 

permit by rule. 

(iv) If your source qualifies for a 

permit by rule and you choose to be 

covered under it, following notification 

from the EPA that you have 

satisfactorily completed the threatened 

and endangered species and historic 

property processes correctly, you may 

submit a Notification of Coverage to the 

reviewing authority beginning upon the 

effective date of the permit by rule, 

generally 60 days after publication of 

the permit by rule in the Federal 

Register. Submission of the completed 

Notification of Coverage to the 

reviewing authority satisfies the 

registration requirement of 

§ 49.160(c)((1)(iii). The necessary forms 

for submitting a Notification of Coverage 

are available online at http://

www.epa.gov/air/tribal/tribalnsr.html. 

You must also submit a copy of the 

Notification of Coverage to the tribe in 

the area where your source is locating 

or modifying. 

(v) Upon receiving your Notification 

of Coverage, the notification will be 

posted on the reviewing authority’s Web 

site, which is the relevant EPA Regional 

Office’s Web site unless a tribe has been 

delegated authority to implement the 

Federal Minor NSR Program in Indian 

Country rule. The posting of the 

Notification of Coverage Form is 

considered final agency action with 

respect to the permit by rule’s 

applicability to an individual source. 

Appeals can only be made regarding the 

applicability of the permit by rule to an 

individual source or modification. 

Appeals must be made to the relevant 

U.S. Court of Appeals within 60 days of 

the EPA’s final action. 

(vi) Your source must comply with all 

terms and conditions of the relevant 

permit by rule. You will be subject to 

enforcement action for failure to obtain 

a preconstruction permit if the 

emissions unit(s) or source are 

constructed under coverage of a permit 

by rule and your source is later 

determined not to qualify for that permit 

by rule. 

(vii) Coverage under a permit by rule 

becomes invalid if construction is not 

commenced within 18 months after the 

date of the posting of the Notification of 

Coverage under a source category permit 

by rule, if construction is discontinued 

for a period of 18 months or more, or 

if construction is not completed within 

a reasonable time. The reviewing 

authority may extend the 18-month 

period upon a satisfactory showing that 

an extension is justified. This provision 

does not apply to the time period 

between construction of the approved 

phases of a phased construction project; 

construction of each such phase must 

commence within 18 months of the 

projected and approved commencement 

date. 

(viii) Any source eligible to request 

coverage under a permit by rule may 

instead choose to apply for a source 

specific permit under § 49.154 if they 

prefer not to be subject to the permit by 

rule’s terms and conditions. 

■ 4. Section 49.162 is added to read as 

follows: 

§ 49.162 Air quality permit by rule for new 

or modified true minor source auto body 

repair and miscellaneous surface coating 

operations in Indian country. 

(a) Abbreviations and acronyms: 

CAA or the Act Federal Clean Air Act 

cc cubic centimeters 

CFR Code of Federal Regulations 

CO Carbon Monoxide 

EPA United States Environmental 

Protection Agency 

g/L grams per liter 

lb/gal pounds per gallon 

MSDS Material Safety Data Sheet 

NAAQS National Ambient Air Quality 

Standards 

NOX Oxides of Nitrogen 

NSR New Source Review 

PSD Prevention of Significant Deterioration 

VOC Volatile Organic Compounds 

(b) Definitions for the purposes of this 

permit by rule—(1) Adhesion promoter 

means a coating, which is labeled and 

formulated to be applied to uncoated 

plastic surfaces to facilitate bonding of 

subsequent coatings, and on which, a 

subsequent coating is applied. 

(2) Airless and air-assisted airless 

spray mean any paint spray technology 

that relies solely on the fluid pressure 

of the paint to create an atomized paint 

spray pattern and does not apply any 

atomizing compressed air to the paint 

before it leaves the paint nozzle. Airassisted airless spray uses compressed 

air to shape and distribute the fan of 

atomized paint, but still uses fluid 

pressure to create the atomized paint. 

(3) Cause means with respect to the 

reviewing authority’s ability to 

terminate a permitted source’s coverage 

under a permit by rule that: 

(i) The permittee is not in compliance 

with the provisions of this permit by 

rule; 

(ii) The reviewing authority 

determines that the emissions resulting 

from the construction or modification of 

the permitted source significantly 

contribute to NAAQS violations, which 

are not adequately addressed by the 

requirements in this permit by rule; 

(iii) The reviewing authority has 

reason to believe that the permittee 

obtained coverage under the permit by 

rule by fraud or misrepresentation; or 

(iv) The permittee failed to disclose a 

material fact required by the 

Notification of Coverage or the 

requirements applicable to the 

permitted source of which the applicant 

had or should have had knowledge at 

the time the permittee submitted the 

Notification of Coverage. 

(4) Clear coating means any coating 

that contains no pigments and is labeled 

and formulated for application over a 

color coating or clear coating. 

(5) Cold cleaning solvent makeup 

means the gallons of gross cold cleaning 

solvent usage minus the gallons of 

solvent disposed of as waste solvent. 

(6) Construction means any physical 

change or change in the method of 

operation including fabrication, 

erection, installation, demolition, or 

modification of an affected emissions 

unit that would result in a change of 

emissions. 

(7) Color coating means any 

pigmented coating, excluding adhesion 

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25092 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

promoters, primers, and multi-color 

coatings, that requires a subsequent 

clear coating and which is applied over 

a primer or adhesion promoter. Color 

coatings include metallic/iridescent 

color coatings. 

(8) Electrostatic application means 

any method of coating application 

where an electrostatic attraction is 

created between the part to be coated 

and the atomized paint particles. 

(9) Freeboard area means the air space 

in a batch-loaded cold cleaner that 

extends from the liquid surface to the 

top of the tank. 

(10) Freeboard height means the 

distance from the top of the solvent to 

the top of the tank for batch-loaded cold 

cleaners. 

(11) Freeboard ratio means the ratio of 

the solvent cleaning machine freeboard 

height to the smaller interior dimension 

(length, width, or diameter) of the 

solvent cleaning machine. 

(12) Halogenated Hazardous Air 

Pollutant (HAP) solvent means 

methylene chloride (CAS No. 75–09–2), 

perchloroethylene (CAS No. 127–18–4), 

trichloroethylene (CAS No. 79–01–6), 

1,1,1-trichloroethane (CAS No. 71–55– 

6), carbon tetrachloride (CAS No. 56– 

23–5), and/or chloroform (CAS No. 67– 

66–3). 

(13) High-volume, low-pressure 

(HVLP) spray equipment means spray 

equipment that is permanently labeled 

as such and used to apply any coating 

by means of a spray gun which is 

designed and operated between 0.1 and 

10 pounds per square inch gauge (psig) 

air atomizing pressure measured 

dynamically at the center of the air cap 

and at the air horns. 

(14) Liquid leak means a VOCcontaining liquid leak from the 

degreaser at a rate of three drops per 

minute or more or any visible liquid 

mist. 

(15) Multi-color coating means any 

coating that exhibits more than one 

color in the dried film after a single 

application, is packaged in a single 

container, and hides surface defects on 

areas of heavy use, and which is applied 

over a primer or adhesion promoter. 

(16) Notification of Coverage means 

the permit notification that contains all 

the information required in the standard 

notification form for this permit by rule. 

(17) One-component coating means a 

coating that is ready for application as 

it comes out of its container to form an 

acceptable dry film. A thinner necessary 

to reduce the viscosity is not considered 

a component. 

(18) Permittee means the owner or 

operator of a permitted source. 

(19) Permitted source means each 

auto body repair and miscellaneous 

surface coating operation for which a 

source submits a complete Notification 

of Coverage. 

(20) Pretreatment coating means any 

coating that contains a minimum of onehalf (0.5) percent acid by weight and not 

more than 16 percent solids by weight 

necessary to provide surface etching and 

is labeled and formulated for 

application directly to bare metal 

surfaces to provide corrosion resistance 

and adhesion. 

(21) Primer means any coating, which 

is labeled and formulated for 

application to a substrate to provide: 

(i) A bond between the substrate and 

subsequent coats; 

(ii) Corrosion resistance; 

(iii) A smooth substrate surface; or 

(iv) Resistance to penetration of 

subsequent coats, and on which a 

subsequent coating is applied. 

Primers may be pigmented. 

(22) Responsible official means one of 

the following: 

(i) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is directly responsible for 

the overall operation of the permitted 

source. 

(ii) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively. 

(iii) For a public agency: Either a 

principal executive officer or ranking 

elected official, such as a chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency. 

(23) Single-stage coating means any 

pigmented automotive coating, 

(excluding automotive adhesion 

promoters, primers and multi-color 

coatings), specifically labeled and 

formulated for application without a 

subsequent clear coating and that are 

applied over an adhesion promoter, a 

primer, or a color coating. Single-stage 

coatings include single-stage metallic/

iridescent coatings. 

(24) Spray-applied coating operations 

means coatings that are applied using a 

hand-held device that creates an 

atomized mist of coating and deposits 

the coating on a substrate. For the 

purposes of this permit by rule, sprayapplied coatings do not include the 

following materials or activities: 

(i) Coatings applied from a hand-held 

device with a paint cup capacity that is 

equal to or less than 3.0 fluid ounces (89 

cc). 

(ii) Surface coating application using 

powder coating, hand-held, nonrefillable aerosol containers, or nonatomizing application technology, 

including, but not limited to, paint 

brushes, rollers, hand wiping, flow 

coating, dip coating, electro deposition 

coating, web coating, coil coating, 

touch-up markers, or marking pens. 

(iii) Thermal spray operations (also 

known as metalizing, flame spray, 

plasma arc spray, and electric arc spray, 

among other names) in which solid 

metallic or non-metallic material is 

heated to a molten or semi-molten state 

and propelled to the work piece or 

substrate by compressed air or other gas, 

where a bond is produced upon impact. 

(25) Temporary protective coating 

means any coating which is labeled and 

formulated for the purpose of 

temporarily protecting areas from 

overspray or mechanical damage. 

(26) Tire retread adhesive means any 

adhesive to be applied to the back of 

pre-cured tread rubber and to the casing 

and cushion rubber, or to be used to seal 

buffed tire casings to prevent oxidation 

while the tire is being prepared for a 

new tread. 

(27) Truck bed liner coating means 

any coating, excluding color, multicolor, and single stage coatings, labeled 

and formulated for application to a 

truck bed to protect it from surface 

abrasion. 

(28) Two-component coating means a 

coating requiring the addition of a 

separate reactive resin, commonly 

known as a catalyst, before application 

to form an acceptable dry film. 

(29) Underbody coating means any 

coating labeled and formulated for 

application to wheel wells, the inside of 

door panels or fenders, the underside of 

a trunk or hood, or the underside of the 

motor vehicle. 

(30) Uniform finish coating means any 

coating labeled and formulated for 

application to the area around a spot 

repair for the purpose of blending a 

repaired area’s color or clear coat to 

match the appearance of an adjacent 

area’s existing coating. 

(31) Volatile organic compounds or 

VOC means any compound of carbon, 

excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides 

or carbonates, and ammonium 

carbonate, which participates in 

atmospheric photochemical reactions. 

This does not include the compounds 

listed in 40 CFR 51.100(s)(1). 

(c) Information about this permit by 

rule. (1) Applicability. Pursuant to the 

provisions of the Clean Air Act (CAA), 

subchapter I, part D and 40 CFR part 49, 

subpart C, this permit authorizes the 

construction or modification and the 

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operation of the auto body repair and 

miscellaneous surface coating operation 

for which a reviewing authority receives 

a completed Notification of Coverage 

(permitted source). 

(2) Eligibility. To be eligible for 

coverage under this permit by rule, the 

permitted source must qualify as a true 

minor source as defined in 40 CFR 

49.152 and satisfied the requirements in 

40 CFR 49.156(f)(6)(iii). 

(3) Notification of Coverage. 

Requirements for submitting a 

Notification of Coverage are contained 

in paragraph (d)(1) of this section. The 

information contained in each permitted 

source’s Notification of Coverage is 

hereby enforceable under this permit by 

rule. 

(4) Termination. Paragraph (d)(6) of 

this section addresses a reviewing 

authority’s ability to revise, revoke and 

reissue, or terminate coverage under this 

permit by rule. It also addresses the 

reviewing authority’s ability to 

terminate an individual permitted 

source’s coverage under this permit by 

rule. 

(5) Definitions. The terms used herein 

shall have the meaning as defined in 40 

CFR 49.152, unless otherwise defined in 

paragraph (b) of this section. If a term 

is not defined, it shall be interpreted in 

accordance with normal business use. 

(d) Permit by rule terms and 

conditions. The following applies to 

each permittee and permitted source 

with respect to only the affected 

emissions units and any associated air 

pollution control technologies in that 

permitted source’s Notification of 

Coverage. 

(1) General provisions—(i) Obtaining 

coverage under this permit by rule. To 

obtain coverage under this permit by 

rule, an applicant must submit a 

completed Notification of Coverage to 

the appropriate reviewing authority for 

the area in which the permitted source 

is or will be located (the Notification of 

Coverage Form can be found at: http:// 

www.epa.gov/air/tribal/tribalnsr.html). 

Table 2 contains a list of reviewing 

authorities and their area of coverage. 

You must also submit a copy of the 

Notification of Coverage to the Indian 

governing body for any area in which 

the permitted source will operate in 

Indian country. 

(ii) Construction and operation. The 

permittee shall construct or modify and 

shall operate the affected emissions 

units and any associated air pollution 

control technologies in compliance with 

this permit by rule and all other 

applicable federal air quality 

regulations; and in a manner consistent 

with representations made by the 

permittee in the Notification of 

Coverage. 

(iii) Location. This permit by rule 

only authorizes the permittee to 

construct or modify and to operate the 

permitted source in the location listed 

in the Notification of Coverage for that 

permitted source. 

(iv) Liability. This permit by rule does 

not release the permittee from any 

liability for compliance with other 

applicable federal and tribal 

environmental laws and regulations, 

including the CAA. 

(v) Severability. The provisions of this 

permit by rule are severable. If any 

portion of this permit by rule is held 

invalid, the remaining terms and 

conditions of this permit by rule shall 

remain valid and in force. 

(vi) Compliance. The permittee must 

comply with all provisions of this 

permit by rule, including emission 

limitations that apply to the affected 

emissions units at the permitted source. 

Noncompliance with any permit by rule 

provision is a violation of the permit by 

rule and may constitute a violation of 

the CAA; is grounds for an enforcement 

action; and is grounds for the reviewing 

authority to revoke and terminate the 

permitted source’s coverage under this 

permit by rule. 

(vii) National Ambient Air Quality 

Standards (NAAQS)/Prevention of 

Significant Deterioration (PSD) 

Protection. The permitted source must 

not cause or contribute to a NAAQS 

violation or, in an attainment area, must 

not cause or contribute to a PSD 

increment violation. 

(viii) Unavailable defense. It is not a 

defense for the permittee in an 

enforcement action that it would have 

been necessary to halt or reduce the 

permitted activity in order to maintain 

compliance with the provisions of this 

permit by rule. 

(ix) Property rights. This permit by 

rule does not convey any property rights 

of any sort or any exclusive privilege. 

(x) Information requests. You, as the 

permittee, shall furnish to the reviewing 

authority, within 30 days unless another 

timeframe is specified by the EPA, any 

information that the reviewing authority 

may request in writing to determine 

whether cause exists for revising, 

revoking and reissuing, or terminating 

coverage under the permit by rule or to 

determine compliance with the permit 

by rule. For any such information 

claimed to be confidential, the permittee 

must submit a claim of confidentiality 

in accordance with 40 CFR part 2, 

subpart B. 

(xi) Inspection and entry. Upon 

presentation of proper credentials, the 

permittee must allow a representative of 

the reviewing authority to: 

(A) Enter upon the premises where a 

permitted source is located or 

emissions-related activity is conducted 

or where records are required to be kept 

under the conditions of the permit by 

rule; 

(B) Have access to and copy, at 

reasonable times, any records that are 

required to be kept under the conditions 

of the permit by rule; 

(C) Inspect, during normal business 

hours or while the permitted source is 

in operation, any facilities, equipment 

(including monitoring and air pollution 

control equipment), practices or 

operations regulated or required under 

the permit by rule; 

(D) Sample or monitor, at reasonable 

times, substances or parameters for the 

purpose of assuring compliance with 

the permit by rule or other applicable 

requirements; and 

(E) Record any inspection by use of 

written, electronic, magnetic and 

photographic media. 

(xii) Posting of coverage. The most 

current Notification of Coverage for the 

permitted source must be posted 

prominently at the facility, and each 

affected emissions unit and any 

associated air pollution control 

technology must be labeled with the 

identification number listed in the 

Notification of Coverage for that 

permitted source. 

(xiii) Duty to obtain source-specific 

permit. If the reviewing authority 

intends to terminate a permitted 

source’s coverage under this permit by 

rule for cause as provided in 

§ 49.162(d)(6), then the permittee shall 

apply for and obtain a source-specific 

permit as required by the reviewing 

authority. 

(xiv) Credible evidence. For the 

purpose of establishing whether the 

permittee violated or is in violation of 

any requirement of this permit by rule, 

nothing shall preclude the use, 

including the exclusive use, of any 

credible evidence or information 

relevant to whether a permitted source 

would have been in compliance with 

applicable requirements if the permittee 

had performed the appropriate 

performance or compliance test or 

procedure. 

(2) Emission limitations and 

standards. (i) The permittee shall 

install, maintain, and operate each 

affected emissions unit, including any 

associated air pollution control 

equipment, in a manner consistent with 

good air pollution control practices for 

minimizing emissions of NSR regulated 

pollutants and considering the 

manufacturer’s recommended operating 

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procedures at all times, including 

periods of startup, shutdown, 

maintenance and malfunction. The 

reviewing authority will determine 

whether the permittee is using 

acceptable operating and maintenance 

procedures based on information 

available to the reviewing authority 

which may include, but is not limited 

to, monitoring results, opacity 

observations, review of operating and 

maintenance procedures, and inspection 

of the permitted source. 

(ii) The permittee shall not use 

volatile organic compound (VOC) 

containing materials (e.g., coatings, 

thinners, and clean-up solvents) in 

excess of the following amounts (solvent 

used in a cold cleaning solvent 

degreaser does not count toward 

compliance with this limit): 

(A) 5,000 gallons per year based on a 

12-month rolling total for facilities 

located in ozone attainment, 

unclassifiable or attainment/

unclassifiable areas; and 

(B) 900 gallons per year based on a 12- 

month rolling total for facilities located 

in ozone nonattainment areas. 

(iii) Total annual cold cleaning 

solvent makeup shall not exceed 500 

gallons in any 12-month period. 

(iv) The total combined heat input 

capacity of all combustion units (such 

as space heaters or ovens) shall not 

exceed 10 MMBtu/hr. The combustion 

units shall only burn natural gas, 

propane, or butane. 

(v) Each combustion unit rated at 2.0 

MMBtu/hr or greater located in a 

serious, severe, or extreme ozone 

nonattainment area shall meet the 

following requirements: 

(A) NOX emissions shall not exceed 

30 ppmdv at 3 percent oxygen or 0.011 

lb/MMBtu based on a 15-minute 

average. 

(B) CO emissions shall not exceed 400 

ppmdv at 3 percent oxygen or 0.30 lb/

MMBtu based on a 15-minute average. 

(vi) The capacity of any volatile liquid 

storage tank shall not exceed 19,812 

gallons. 

(vii) Except as specified in paragraph 

(d)(2)(xv) of this section, the VOC 

content of coatings, as applied, shall not 

exceed 8.34 pounds of VOC per gallon 

(999.4 grams of VOC per liter). 

(viii) All painters must have 

certification that they have completed 

training in the proper spray application 

of surface coatings and the proper setup 

and maintenance of spray equipment. 

The minimum requirements for training 

and certification are described in 

paragraph (f) of this section. The spray 

application of surface coatings by 

persons who are not certified as having 

completed the training described in 

paragraph (f) of this section is 

prohibited. This condition does not 

apply to the students of an accredited 

surface coating training program who 

are under the direct supervision of an 

instructor who meets the requirements 

of this condition. 

(ix) All spray-applied coating 

operations must be applied in a spray 

booth, preparation station, or mobile 

enclosure that meets the following 

standards: 

(A) All spray booths, preparation 

stations, and mobile enclosures must be 

equipped with an exhaust filter certified 

by the manufacturer to achieve at least 

98 percent capture of paint overspray. 

The procedure used to demonstrate 

filter efficiency must be consistent with 

the American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers (ASHRAE) Method 52.1, 

‘‘Gravimetric and Dust-Spot Procedures 

for Testing Air-Cleaning Devices Used 

in General Ventilation for Removing 

Particulate Matter, June 4, 1992.’’ The 

test coating for measuring filter 

efficiency shall be a high solids bake 

enamel delivered at a rate of at least 135 

grams per minute from a conventional 

(non-HVLP) air-atomized spray gun 

operating at 40 pounds per square inch 

(psi) air pressure; the air flow rate across 

the filter shall be 150 feet per minute. 

Owners and operators may use 

published filter efficiency data provided 

by filter vendors to demonstrate 

compliance with this requirement and 

are not required to perform this 

measurement. The requirements of this 

paragraph do not apply to water wash 

spray booths that are operated and 

maintained according to the 

manufacturer’s specifications. 

(B) Spray booths and preparation 

stations used to refinish complete motor 

vehicles or mobile equipment must be 

fully enclosed with a full roof and four 

complete walls or complete side 

curtains, and must be ventilated at 

negative pressure so that air is drawn 

into any openings in the booth walls or 

preparation station curtains. However, if 

a spray booth is fully enclosed and has 

seals on all doors and other openings 

and has an automatic pressure balancing 

system, it may be operated at up to, but 

not more than, 0.05 inches water gauge 

positive pressure. 

(C) Spray booths and preparation 

stations that are used to coat 

miscellaneous parts and products or 

vehicle subassemblies must have a full 

roof, at least three complete walls or 

complete side curtains, and must be 

ventilated so that air is drawn into the 

booth. The walls and roof of a booth 

may have openings, if needed, to allow 

for conveyors and parts to pass through 

the booth during the coating process. 

(D) Mobile ventilated enclosures 

within the site that are used to perform 

spot repairs must enclose and, if 

necessary, seal against the surface 

around the area being coated such that 

paint overspray is retained within the 

enclosure and directed to a filter to 

capture paint overspray. 

(E) The exhaust filters of spray booths 

shall be equipped with pressure gauges 

that indicate, in inches of water, the 

static pressure differential across the 

exhaust filters. 

(F) Each spray booth located in a 

serious, severe, or extreme ozone 

nonattainment area that uses greater 

than 4 gallons per day of VOCcontaining material shall install add-on 

controls (with greater than or equal to 

90 percent collection efficiency and 

greater than or equal to 95 percent 

destruction efficiency) or use material 

with less than 5 percent VOC by weight 

or low VOC materials that result in an 

equivalent emission reduction. 

(x) Except for serious, severe, and 

extreme ozone nonattainment areas, all 

spray-applied coating operations must 

be applied with a high volume, low 

pressure (HVLP) spray gun, electrostatic 

application, airless spray gun, or airassisted airless spray gun. An equivalent 

spray technology may be used if it that 

has been demonstrated by the spray gun 

manufacturer to achieve a transfer 

efficiency comparable to that of an 

HVLP spray gun and for which the 

spray gun manufacturer has obtained 

written approval from the U.S. 

Environmental Protection Agency 

(EPA). The requirements of this 

condition do not apply to spray guns 

with a cup capacity less than 3.0 fluid 

ounces (89 cc). 

(xi) In serious, severe, and extreme 

ozone nonattainment areas, all sprayapplied coating operations must be 

applied with an HVLP spray gun, low 

volume low pressure (LVLP) spray gun, 

or air brush spray operation. An 

equivalent spray technology may be 

used if it has been demonstrated by the 

spray gun manufacturer to achieve a 

transfer efficiency comparable to that of 

an HVLP spray gun and for which the 

spray gun manufacturer has obtained 

written approval from the EPA. 

(xii) All paint spray gun cleaning 

must be done so that an atomized mist 

or spray of gun cleaning solvent and 

paint residue is not created outside of a 

container that collects used gun 

cleaning solvent. Spray gun cleaning 

may be done with, for example, hand 

cleaning of parts of the disassembled 

gun in a container of solvent, by 

flushing solvent through the gun 

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without atomizing the solvent and paint 

residue, or by using a fully enclosed 

spray gun washer. A combination of 

non-atomizing methods may also be 

used. 

(xiii) All VOC-containing material 

(e.g., coatings, thinners, and clean-up 

solvents) shall be stored in closed 

containers. 

(xiv) All waste materials containing 

VOC (e.g., soiled rags) shall be stored in 

sealed containers until properly 

disposed. 

(xv) Each permitted source located in 

a serious, severe, or extreme ozone 

nonattainment area, shall not apply a 

coating that has VOC content in excess 

of the limits listed in the Table 1 below. 

Compliance with the VOC limits shall 

be based on VOC content, including any 

VOC material added to the original 

coating supplied by the manufacturer, 

less water. 

TABLE 1—VOC CONTENT LIMITS

Type of coating 

VOC content 

limits 

(grams/liter) 

VOC content 

limits 

(lb/gallon) 

Adhesion Promoter .................................................................................................................................................. 540 4.5 

Clear Coating ........................................................................................................................................................... 250 2.1 

Color Coating ........................................................................................................................................................... 420 3.5 

Multi-Color Coating .................................................................................................................................................. 680 5.7 

Pretreatment ............................................................................................................................................................ 660 5.5 

Primer ...................................................................................................................................................................... 250 2.1 

Single-Stage Coating ............................................................................................................................................... 340 2.8 

Temporary Protective Coating ................................................................................................................................. 60 0.5 

Truck Bed Liner Coating .......................................................................................................................................... 310 2.6 

Underbody Coating .................................................................................................................................................. 430 3.6 

Uniform Finishing Coating ....................................................................................................................................... 540 4.5 

One or Two-Component Coatings for Plastics ........................................................................................................ 120 1.0 

Tire Retread Adhesive ............................................................................................................................................. 100 0.8 

Any other coating type or adhesive ......................................................................................................................... 250 2.1 

(xvi) For each batch-loaded cold 

cleaner degreaser, the permittee shall 

comply with the requirements of 

paragraph (e) of this section. 

(xvii) Each permitted source located 

in a serious, extreme, or severe ozone 

nonattainment area, shall use cleaning 

materials in the batch-loaded cold 

cleaner degreaser that have a VOC 

content of less than 25 grams per liter. 

(3) Monitoring and testing 

requirements—(i) Initial performance 

tests. (A) Within 60 days after achieving 

the maximum production rate at which 

the permitted source will operate the 

affected emissions unit(s), but not later 

than 180 days after the first day of 

operation under the permit by rule, the 

permittee shall perform an initial 

performance test to verify compliance 

with the emission limitations in 

paragraphs (d)(2)(v) and (d)(2)(ix)(F) of 

this section (including capture 

efficiency requirements), if applicable. 

Performance tests shall be performed: 

(1) According to a test plan submitted 

at least 30 days in advance of the test 

date to the reviewing authority; 

(2) While the permitted source is 

operating under typical operating 

conditions; 

(3) Using test methods from 40 CFR 

part 60, appendix A. In lieu of the test 

methods from 40 CFR part 60, appendix 

A, measurements for NOX and CO may 

be taken using portable analyzers 

according to ASTM D6522–00, as 

incorporated by reference in 40 CFR 

63.14(b)(27); 

(4) Using Method 5 with a sample 

volume of at least 31.8 dscf to determine 

particulate matter concentration; and 

(5) Simultaneously for CO and NOX

whenever either one needs to be tested. 

(B) Compliance with each limit shall 

be demonstrated by averaging the 

results of at least three test runs of at 

least 1 hour duration each, unless the 

permittee can demonstrate to the 

satisfaction of the reviewing authority 

that the result of one of the test runs 

should be discarded. The test results the 

permittee submits must contain at least 

two test runs. 

(ii) The permitted source shall 

demonstrate compliance with the paint 

overspray capture efficiency 

requirements of paragraph (d)(2)(ix)(A) 

of this section using published filter 

efficiency data provided by filter 

vendors, as described in paragraph 

(d)(2)(ix)(A) of this section. 

(iii) The permitted source shall 

install, operate, and maintain an 

exhaust filter pressure gauge on each 

spray booth and monitor (in inches of 

water) the static pressure differential 

across the exhaust filter at least once per 

calendar month while the equipment is 

operating. As necessary, the exhaust 

filter shall be replaced according to the 

manufacturer’s specifications. 

(iv) The exterior of each spray booth, 

preparation station, or mobile enclosure 

shall be inspected at least once per 

calendar month for evidence of 

overspray. If evidence of overspray is 

apparent, the permittee shall take 

corrective action to eliminate overspray 

from the exterior of each spray booth, 

preparation station, or mobile enclosure. 

(v) Prior to each use, each cold 

solvent cleaning degreaser shall be 

inspected for liquid leaks, visible tears, 

or cracks. 

(4) Recordkeeping requirements. (i) 

The permittee shall maintain all records 

required to be kept by this permit by 

rule onsite for at least 5 years from the 

date of origin of the record, unless 

otherwise stated. 

(ii) The Notification of Coverage and 

all documentation supporting the 

notification shall be maintained by the 

permittee for the duration of time the 

affected emissions unit(s) is covered 

under this permit by rule. 

(iii) The permittee shall keep records 

of the VOC-containing materials 

(including coatings, thinners, and cleanup solvents) as follows: 

(A) The name and Material Safety 

Data Sheet (MSDS) for each VOCcontaining material used onsite; and 

(B) The gallons of each VOCcontaining material used each month 

and the resulting 12-month rolling total 

of VOC-containing material used. The 

12-month rolling total is defined as the 

sum of the VOC material used during 

the current month and the VOC material 

used for the previous 11 months. 

(C) For each permitted source located 

in a serious, severe, or extreme ozone 

nonattainment area not complying with 

the control requirements in paragraph 

(d)(2)(ix)(F) of this section (add-on 

controls or low VOC-containing 

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material), the combined daily gallons of 

VOC-containing material used in all 

spray booths. 

(iv) The permittee shall keep records 

of the VOC content (g/L or lb/gal) for 

each coating material used onsite. 

(v) For each spray booth, preparation 

station, and mobile enclosure, the 

permittee shall maintain records of: 

(A) The filter efficiency of the exhaust 

material; 

(B) The monthly exhaust filter 

pressure gauge readings specified in 

§ 49.162(d)(3)(iii); 

(C) The date when each exhaust filter 

is replaced; 

(D) Any corrective actions taken to 

reduce overspray; and 

(E) The results of any corrective 

actions taken. 

(vi) The permittee shall maintain 

documentation from the spray gun 

manufacturer that each spray gun meets 

the requirements of paragraphs (d)(2)(x) 

and (xi) of this section, as applicable. 

For a spray gray that uses equivalent 

technology, documentation that the 

spray gun has been determined by the 

EPA to achieve a transfer efficiency 

equivalent to that of an HVLP spray gun 

is required. 

(vii) For each cold cleaning solvent 

degreaser, the permittee shall: 

(A) Maintain records of owner’s 

manuals, or if not available, written 

maintenance and operating procedures; 

and 

(B) Maintain a log of any actions taken 

to repair leaks, tears or cracks and the 

results of the corrective action taken. 

(viii) The permittee shall maintain 

records of the MSDS for each solvent 

used in a solvent degreaser. 

(ix) The permittee shall maintain 

records of the gallons of cold cleaning 

solvent makeup used each calendar 

month and a total of the number of 

gallons of cold cleaning solvent makeup 

used in each 12-month period. 

(x) The results of each performance 

test conducted pursuant to paragraph 

(d)(3)(i) of this section shall be recorded. 

At a minimum, the permittee shall 

maintain records of: 

(A) The date of each test; 

(B) Each test plan; 

(C) Any documentation required to 

approve an alternate test method; 

(D) The results of each test; 

(E) The name of the company or entity 

conducting the analysis; and 

(F) Test conditions. 

(5) Notification and reporting 

requirements—(i) Notification of 

construction or modification, and 

operations. The permittee shall submit 

a written or electronic notice to the 

reviewing authority within 30 days from 

when the permittee begins actual 

construction, and within 30 days from 

when the permittee begins initial 

operations or resumes operations after a 

modification. 

(ii) Notification of change in 

ownership or operator. If the permitted 

source changes ownership or operator, 

then the new owner must submit a 

written or electronic notice to the 

reviewing authority within 90 days 

before or after the change in ownership 

is effective. In the notice, the new 

permittee must provide the reviewing 

authority a written agreement 

containing a specific date for transfer of 

ownership, and an effective date on 

which the new owner assumes partial 

and/or full coverage and liability under 

this permit by rule. The submittal must 

identify the previous owner, and update 

the name, street address, mailing 

address, contact information, and any 

other information about the permitted 

source if it would change as a result of 

the change of ownership. The current 

owner shall ensure that the permitted 

source remains in compliance with the 

permit by rule until any such transfer of 

ownership if effective. 

(iii) Notification of closure. The 

permittee must submit a report of any 

permanent or indefinite closure to the 

reviewing authority in writing within 90 

days after the cessation of all operations 

at the permitted source. The notification 

must identify the owner, the current 

location, and the last operating location 

of the permitted source. It is not 

necessary to submit a report of closure 

for regular, seasonal closures. 

(iv) Annual reports. The permittee 

shall submit an annual report on or 

before March 15 of each calendar year 

to the reviewing authority. The annual 

report shall cover the period from 

January 1 to December 31 of the 

previous calendar year and shall 

include: 

(A) An evaluation of the permitted 

source’s compliance status with the 

requirements in paragraph (d)(2) of this 

section; 

(B) Summaries of the required 

monitoring and recordkeeping above in 

paragraphs (d)(3) and (4) of this section; 

and 

(C) Summaries of deviation reports 

submitted pursuant to paragraph 

(d)(5)(v) of this section. 

(v) Deviation reports. The permittee 

shall promptly report to the reviewing 

authority any deviations as defined at 

40 CFR 71.6(a)(3)(iii)(C) from permit by 

rule requirements including deviations 

attributable to upset conditions. (For the 

purposes of this permit by rule, 

promptly shall be defined to mean: At 

the time the annual report in 

§ 49.162(d)(5)(iv) is submitted.) 

Deviation reports shall include: 

(A) The identity of the affected 

emissions unit(s) where the deviation 

occurred; 

(B) The nature of the deviation; 

(C) The length of time of the 

deviation; 

(D) The probable cause of the 

deviation; and 

(E) Any corrective actions or 

preventive measures taken as a result of 

the deviation to minimize emissions 

from the deviation and to prevent future 

deviations. 

(vi) Performance test reports. The 

permittee shall submit a test report to 

the reviewing authority within 45 days 

after the completion of any required 

performance test. At a minimum, the 

test report shall include: 

(A) A description of the affected 

emissions unit and sampling location(s); 

(B) The time and date of each test; 

(C) A summary of test results, 

reported in units consistent with the 

applicable standard; 

(D) A description of the test methods 

and quality assurance procedures used; 

(E) A summary of any deviations from 

the proposed test plan and justification 

for why the deviation(s) was necessary; 

(F) The amount of fuel burned, raw 

material consumed, and product 

produced during each test run; 

(G) Operating parameters of the 

affected emissions units and control 

equipment during each test run; 

(H) Sample calculations of equations 

used to determine test results in the 

appropriate units; and 

(I) The name of the company or entity 

performing the analysis. 

(vii) Reporting and notification 

address. The permittee shall send all 

required reports to the reviewing 

authority at the mailing address 

specified in paragraph (g) of this 

section. 

(viii) Signature verifying truth, 

accuracy and completeness. All reports 

required by this permit by rule shall be 

signed by a responsible official as to the 

truth, accuracy and completeness of the 

information. The report must state that, 

based on information and belief formed 

after reasonable inquiry, the statements 

and information are true, accurate, and 

complete. If the permittee discovers that 

any reports or notification submitted to 

the reviewing authority contain false, 

inaccurate, or incomplete information, 

the permittee shall notify the reviewing 

authority immediately and correct or 

amend the report as soon as practicable. 

(6) Changes to this permit by rule—(i) 

Revising, reopening, revoking and 

reissuing, or terminating for cause. The 

permit by rule may be revised, 

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reopened, revoked and reissued, or 

terminated for cause. The filing of a 

request by the permittee for a permit 

revision, revocation and re-issuance, or 

termination, or of a notification of 

planned changes or anticipated 

noncompliance does not stay any permit 

by rule condition. This provision also 

applies to the documents incorporated 

by reference. 

(ii) Terminating coverage under this 

permit by rule. The reviewing authority 

may terminate coverage under the 

permit by rule, and thereby terminate 

that permittee’s authorization to 

construct or modify, and that permitted 

source’s authorization to operate under 

this permit by rule for cause as defined 

in paragraph (b) of this section. The 

reviewing authority may provide the 

permittee with notice of the intent to 

terminate, and delay the effective date 

of the termination to allow the permittee 

to obtain a source-specific permit as 

required by the reviewing authority. 

(iii) Permit becomes invalid. 

Authority to construct and operate 

under this permit by rule becomes 

invalid if the permittee does not 

commence construction within 18 

months after the notification of coverage 

is received by the reviewing authority, 

if the permittee discontinues 

construction for a period of 18 months 

or more, or if the permittee does not 

complete construction within a 

reasonable time. The reviewing 

authority may extend the 18-month 

period upon a satisfactory showing that 

an extension is justified, according to 40 

CFR 49.156(e)(8). 

(e) Standards for batch-loaded cold 

cleaner degreasers. (1) Each degreaser 

shall be operated in accordance with the 

manufacturer’s specifications and shall 

be used with tightly fitting covers that 

are free of cracks, holes, or other defects. 

In addition, the cover shall be closed at 

all times when the degreaser contains 

solvent, except during parts entry and 

removal or performing maintenance or 

monitoring that requires the removal of 

the cover. 

(2) The solvent container shall be free 

of all liquid leaks. Auxiliary degreaser 

equipment, such as pumps, water 

separators, steam traps, or distillation 

units, shall not have any liquid leaks, 

visible tears, or cracks. In addition, any 

liquid leak, visible tear, or crack 

detected pursuant to the provisions of 

this condition shall be repaired within 

48 hours, or the degreaser shall be 

drained of all solvent and shut down 

until replaced or repaired. 

(3) All waste solvents shall be stored 

in properly identified and sealed 

containers. All associated pressure relief 

devices shall not allow liquid solvents 

to drain out. 

(4) Solvent flow cleaning shall be 

done within the freeboard area, and 

shall be done by a liquid stream rather 

than a fine, atomized, or shower-type 

spray. Solvent flow shall be directed 

downward to avoid turbulence at the 

air-solvent interface and to prevent 

liquid solvent from splashing outside of 

the degreaser. 

(5) Degreasing of porous or absorbent 

materials, such as cloth, leather, wood, 

or rope is prohibited. 

(6) Workspace and ventilation fans 

shall not be positioned in such a way as 

to direct airflow near the degreaser 

openings. 

(7) Spills during solvent transfer shall 

be wiped up immediately and the used 

wipe rags shall be stored in closed 

containers that are handled in 

accordance with paragraph (e)(3) of this 

section. 

(8) Solvent levels shall not exceed the 

fill line. 

(9) The parts to be cleaned shall be 

racked in a manner that will minimize 

the drag-out losses. 

(10) The freeboard ratio shall be 0.75 

or greater. Parts shall be drained 

immediately after the cleaning until at 

least 15 seconds have elapsed; or 

dripping of solvent ceases; or the parts 

become visibly dry. Parts with blind 

holes or cavities shall be tipped or 

rotated before being removed from a 

degreaser, such that the solvents in the 

blind holes or cavities are drained in 

accordance with the above 

requirements. 

(11) Draining or filling of solvent 

containers shall be performed beneath 

the liquid solvent surface. 

(12) Solvent agitation, where 

necessary, shall be carried out only by 

pump recirculation, ultrasonics, a 

mixer, or by air agitation. Air agitation 

shall be accomplished under the 

following conditions: 

(i) The air agitation unit shall be 

equipped with a gauge and a device that 

limits air pressure into the degreaser to 

less than two pounds per square inch 

gauge; 

(ii) The cover must remain closed 

while the air agitation system is in 

operation; and 

(iii) Pump circulation shall be 

performed without causing splashing. 

(13) Airless/Air-tight Cleaning System 

Requirements—In lieu of meeting the 

requirements of paragraphs (e)(1) 

through (12) of this section, the 

permittee may use an airless/air-tight 

batch cleaning system provided that all 

of the following applicable requirements 

are met: 

(i) The equipment is operated in 

accordance with the manufacturer’s 

specifications and operated with a door 

or other pressure sealing apparatus that 

is in place during all cleaning and 

drying cycles. 

(ii) All waste solvents are stored in 

properly identified and sealed 

containers. 

(iii) All associated pressure relief 

devices shall not allow liquid solvents 

to drain out. 

(iv) Spills during solvent transfer 

shall be wiped up immediately, and the 

used wipe rags shall be stored in closed 

containers that are handled in 

accordance with paragraph (e)(3) of this 

section. 

(v) The equipment is maintained in a 

vapor-tight, leak-free condition and any 

leak is a violation. 

(f) Training and certification 

requirements for spray-applied surface 

coating personnel. The owner or 

operator of the permitted source must 

ensure and certify that all new and 

existing personnel, including contract 

personnel, who spray apply surface 

coatings are trained in the proper 

application of surface coatings as 

required by this permit by rule. The 

training program must include, at a 

minimum, the items listed in this 

paragraph (f). All personnel must be 

trained no later than 180 days after 

hiring. 

(1) A list of all current personnel by 

name and job description who are 

required to be trained. 

(2) Hands-on and classroom 

instruction that addresses, at a 

minimum, initial and refresher training 

in the following topics: 

(i) Spray gun equipment selection, set 

up, and operation, including measuring 

coating viscosity, selecting the proper 

fluid tip or nozzle, and achieving the 

proper spray pattern, air pressure and 

volume, and fluid delivery rate. 

(ii) Spray technique for different types 

of coatings to improve transfer 

efficiency and minimize coating usage 

and overspray, including maintaining 

the correct spray gun distance and angle 

to the part, using proper banding and 

overlap, and reducing lead and lag 

spraying at the beginning and end of 

each stroke. 

(iii) Routine spray booth and filter 

maintenance, including filter selection 

and installation. 

(iv) Compliance with the 

requirements of this Permit by Rule. 

(3) A description of the methods to be 

used at the completion of initial or 

refresher training to demonstrate, 

document, and provide certification of 

successful completion of the required 

training. Owners and operators who can 

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show by documentation or certification 

that a painter’s work experience and/or 

training has resulted in training 

equivalent to the training required in 

paragraph (f)(2) of this section are not 

required to provide the initial training 

required by that same paragraph to the 

painter. 

(4) Painter training that was 

completed within 5 years prior to the 

date training is required, and that meets 

the requirements specified in paragraph 

(f)(2) of this section satisfies this 

requirement and is valid for a period not 

to exceed 5 years after the date the 

training was completed. 

(5) Training and certification will be 

valid for a period not to exceed 5 years 

after the date the training is completed, 

and all personnel must receive refresher 

training that meets the requirements of 

this § 49.162(f) and be re-certified every 

5 years. 

(g) List of reviewing authorities and 

areas of coverage. 

TABLE 2—LIST OF REVIEWING AUTHORITIES AND AREAS OF COVERAGE

EPA region Address for notification of 

coverage 

Address for all other notification 

and reports Area covered Phone number 

Region I .............. EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OEP05–2, Boston, MA 02109– 

3912.

EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OES04–2, Boston, MA 02109– 

3912.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and 

Vermont.

888–372–7341 617– 

918–1111 

Region II ............. Chief, Air Programs Branch, Clean 

Air and Sustainability Division, 

EPA Region 2, 290 Broadway, 

25th Floor, New York, NY 

10007–1866.

Chief, Air Compliance Branch, Division of Enforcement and Compliance Assistance, EPA Region 

2, 290 Broadway, 21st Floor, 

New York, NY 10007–1866.

New Jersey, New York, 

Puerto Rico, and Virgin 

Islands.

877–251–4575 

Region III ............ Office of Permits and Air Toxics, 

3AP10, EPA Region 3, 1650 

Arch Street, Philadelphia, PA 

19103.

Office of Air Enforcement and 

Compliance Assurance, 3AP20, 

EPA Region 3, 1650 Arch 

Street, Philadelphia, PA 19103.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia.

800–438–2474 215– 

814–5000 

Region IV ........... Chief, Air Permits Section, EPA 

Region 4 APTMD, 61 Forsyth 

Street, Atlanta, GA 30303.

Chief, Air & EPCRA Enforcement 

Branch, EPA Region 4 APTMD, 

61 Forsyth Street, SW, Atlanta, 

GA 30303.

Alabama, Florida, Georgia, 

Kentucky, Mississippi, 

North Carolina, South 

Carolina, and Tennessee.

800–241–1754 404– 

562–9000 

Region V ............ Air Permits Section, Air Programs 

Branch (AR–18J), EPA Region 

5, 77 West Jackson Blvd, Chicago, Illinois 60604.

Air Enforcement and Compliance 

Assurance Branch (AE–17J), Air 

and Radiation Division, EPA 

Region 5, 77 West Jackson 

Blvd, Chicago, IL 60604.

Illinois, Indiana, Michigan, 

Minnesota, Ohio, and 

Wisconsin.

800–621–8431 312– 

353–2000 

Region VI ........... Multimedia Planning and Permitting Division, EPA Region 6, 

1445 Ross Avenue (6PD–R), 

Dallas, TX 75202.

Compliance and Enforcement Correspondence: Compliance Assurance and Enforcement Division, EPA Region 6, 1445 Ross 

Avenue (6EN), Dallas, TX 

75202.

Arkansas, Louisiana, New 

Mexico, Oklahoma, and 

Texas.

800–887–6063 214– 

665–2760 

Region VII .......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, KS 

66219.

Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, KS 

66219.

Iowa, Kansas, Missouri, 

and Nebraska.

800–223–0425 913– 

551–7003 

Region VIII ......... U.S. Environmental Protection 

Agency, Region 8, Office of 

Partnerships and Regulatory 

Assistance, Tribal Air Permitting 

Program, 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 80202.

U.S. Environmental Protection 

Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics 

and Technical Enforcement Program, 8ENF–AT, 1595 

Wynkoop Street, Denver, CO 

80202.

Colorado, Montana, North 

Dakota, South Dakota, 

Utah, and Wyoming.

800–227–8917 303– 

312–6312 

Region IX ........... Chief, Permits Office (Air-3), Air 

Division, EPA Region 9, 75 

Hawthorne St, San Francisco, 

CA 94105.

Enforcement Division Director, 

Attn: Air & TRI Section (ENF–2– 

1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 

94105.

American Samoa, Arizona, 

California, Guam, Hawaii, 

Navajo Nation Nevada, 

and Northern Mariana Islands.

866–EPA–9378 

415–947–8000 

Region X ............ Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Alaska, Idaho, Oregon, and 

Washington.

800–424–4372 206– 

553–1200 

■ 5. Section 49.163 is added to read as 

follows: 

§ 49.163 Air quality permit by rule for new 

or modified true minor source petroleum 

dry cleaning facilities in Indian country. 

(a) Abbreviations and acronyms: 

CAA or the Act—Federal Clean Air Act 

CFR—Code of Federal Regulations 

EPA—United States Environmental 

Protection Agency 

NAAQS—National Ambient Air Quality 

Standards 

NSR—New Source Review 

PSD—Prevention of Significant Deterioration 

(b) Definitions for the purposes of this 

permit by rule—(1) Cause means with 

respect to the reviewing authority’s 

ability to terminate a permitted source’s 

coverage under a permit that: 

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(i) The permittee is not in compliance 

with the provisions of this permit by 

rule; 

(ii) The reviewing authority 

determines that the emissions resulting 

from the construction or modification of 

the permitted source significantly 

contribute to National Ambient Air 

Quality Standard violations, which are 

not adequately addressed by the 

requirements in this permit by rule; 

(iii) The reviewing authority has 

reason to believe that the permittee 

obtained coverage under the permit by 

rule by fraud or misrepresentation; or 

(iv) The permittee failed to disclose a 

material fact required by the 

Notification of Coverage or the 

requirements applicable to the 

permitted source of which the applicant 

had or should have had knowledge at 

the time the permittee submitted the 

Notification of Coverage. 

(2) Construction means any physical 

change or change in the method of 

operation including fabrication, 

erection, installation, demolition, or 

modification of an affected emissions 

unit that would result in a change of 

emissions. 

(3) Notification of Coverage means the 

permit notification that contains all of 

the information required in the standard 

notification form for this permit by rule. 

(4) Permittee means the owner or 

operator of a permitted source. 

(5) Permitted source means each 

petroleum drying cleaning facility for 

which a source submits a complete 

Notification of Coverage. 

(6) Responsible official means one of 

the following: 

(i) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is directly responsible for 

the overall operation of the permitted 

source. 

(ii) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively. 

(iii) For a public agency: Either a 

principal executive officer or ranking 

elected official, such as a chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency. 

(7) Solvent recovery dryer means a 

class of dry cleaning dyers that employs 

a condenser to condense and recovery 

solvent vapors evaporated in a closedloop stream of heated air, together with 

the piping and ductwork used in the 

installation of this device. 

(c) Information about this permit by 

rule—(1) Applicability. Pursuant to the 

provisions of the Clean Air Act (CAA), 

subchapter I, part D and 40 CFR part 49, 

subpart C, this permit by rule authorizes 

the construction or modification and the 

operation of each stationary petroleum 

dry cleaning facility for which a 

reviewing authority receives a 

completed Notification of Coverage 

(permitted source). 

(2) Eligibility. To be eligible for 

coverage under this permit by rule, the 

permitted source must qualify as a true 

minor source as defined in 40 CFR 

49.152 and satisfied the requirements in 

40 CFR 49.156(f)(6)(iii). 

(3) Notification of Coverage. 

Requirements for submitting a 

Notification of Coverage are contained 

in paragraph (d)(1) of this section. The 

information contained in each permitted 

source’s Notification of Coverage is 

hereby enforceable under this permit by 

rule. 

(4) Termination. Paragraph (d)(6) of 

this section addresses a reviewing 

authority’s ability to revise, revoke and 

reissue, or terminate coverage under this 

permit by rule. It also addresses the 

reviewing authority’s ability to 

terminate an individual permitted 

source’s coverage under this permit by 

rule. 

(5) Definitions. The terms used herein 

shall have the meaning as defined in 40 

CFR 49.152, unless otherwise defined in 

paragraph (b) of this section. If a term 

is not defined, it shall be interpreted in 

accordance with normal business use. 

(d) Permit by rule terms and 

conditions. The following applies to 

each permittee and permitted source 

with respect to only the affected 

emissions units and any associated air 

pollution control technologies in that 

permitted source’s Notification of 

Coverage. 

(1) General provisions—(i) Obtaining 

coverage under this permit by rule. To 

obtain coverage under this permit by 

rule, an applicant must submit a 

completed Notification of Coverage to 

the appropriate reviewing authority for 

the area in which the permitted source 

is or will be located (the Notification of 

Coverage Form can be found at: http:// 

www.epa.gov/air/tribal/tribalnsr.html). 

Table 1 of paragraph (f) of this section 

contains a list of reviewing authorities 

and their area of coverage. You must 

also submit a copy of the Notification of 

Coverage to the Indian governing body 

for any area in which the permitted 

source will operate. 

(ii) Construction and operation. The 

permittee shall construct or modify and 

shall operate the affected emissions 

units and any associated air pollution 

control technologies in compliance with 

this permit by rule and all other 

applicable federal air quality 

regulations; and in a manner consistent 

with representations made by the 

permittee in the Notification of 

Coverage. 

(iii) Locations. This permit by rule 

only authorizes the permittee to 

construct or modify and to operate the 

permitted source at the location listed in 

the Notification of Coverage for that 

permitted source. 

(iv) Liability. This permit by rule does 

not release the permittee from any 

liability for compliance with other 

applicable federal and tribal 

environmental laws and regulations, 

including the CAA. 

(v) Severability. The provisions of this 

permit by rule are severable. If any 

portion of this permit by rule is held 

invalid, the remaining terms and 

conditions of this permit by rule shall 

remain valid and in force. 

(vi) Compliance. The permittee must 

comply with all provisions of this 

permit, including emission limitations 

that apply to the affected emissions 

units at the permitted source. 

Noncompliance with any permit by rule 

provision is a violation of the permit by 

rule and may constitute a violation of 

the CAA; is grounds for an enforcement 

action; and is grounds for the reviewing 

authority to revoke and terminate the 

permitted source’s coverage under this 

permit by rule. 

(vii) National Ambient Air Quality 

Standards (NAAQS)/Prevention of 

Significant Deterioration (PSD) 

Protection. The permitted source must 

not cause or contribute to a NAAQS 

violation or, in an attainment area, must 

not cause or contribute to a PSD 

increment violation. 

(viii) Unavailable defense. It is not a 

defense for the permittee in an 

enforcement action that it would have 

been necessary to halt or reduce the 

permitted activity in order to maintain 

compliance with the provisions of this 

permit by rule. 

(ix) Property rights. The permit by 

rule does not convey any property rights 

of any sort or any exclusive privilege. 

(x) Information requests. You, as the 

permittee, shall furnish to the reviewing 

authority, within 30 days unless another 

timeframe is specified by the EPA, any 

information that the reviewing authority 

may request in writing to determine 

whether cause exists for revising, 

revoking and reissuing, or terminating 

coverage under the permit by rule or to 

determine compliance with the permit 

by rule. For any such information 

claimed to be confidential, the permittee 

must submit a claim of confidentiality 

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in accordance with 40 CFR part 2, 

subpart B. 

(xi) Inspection and entry. Upon 

presentation of proper credentials, the 

permittee must allow a representative of 

the reviewing authority to: 

(A) Enter upon the premises where a 

permitted source is located or 

emissions-related activity is conducted 

or where records are required to be kept 

under the conditions of the permit by 

rule; 

(B) Have access to and copy, at 

reasonable times, any records that are 

required to be kept under the conditions 

of the permit by rule; 

(C) Inspect, during normal business 

hours or while the permitted source is 

in operation, any facilities, equipment 

(including monitoring and air pollution 

control equipment), practices or 

operations regulated or required under 

the permit by rule; 

(D) Sample or monitor, at reasonable 

times, substances or parameters for the 

purpose of assuring compliance with 

the permit by rule or other applicable 

requirements; and 

(E) Record any inspection by use of 

written, electronic, magnetic and 

photographic media. 

(xii) Posting of coverage. The most 

current Notification of Coverage for the 

permitted source must be posted 

prominently at the facility, and each 

affected emissions unit and any 

associated air pollution control 

technology must be labeled with the 

identification number listed in the 

Notification of Coverage for that 

permitted source. 

(xiii) Duty to obtain a source-specific 

permit. If the reviewing authority 

intends to terminate a permitted 

source’s coverage under this permit by 

rule for cause as provided in 

§ 49.163(d)(6), then the permittee shall 

apply for and obtain a source-specific 

permit as required by the reviewing 

authority. 

(xiv) Credible evidence. For the 

purpose of establishing whether the 

permittee violated or is in violation of 

any requirement of this permit by rule, 

nothing shall preclude the use, 

including the exclusive use, of any 

credible evidence or information 

relevant to whether a permitted source 

would have been in compliance with 

applicable requirements if the permittee 

had performed the appropriate 

performance or compliance test or 

procedure. 

(2) Emission limitations and 

standards. (i) The permittee shall 

install, maintain, and operate each 

affected emissions unit, including any 

associated air pollution control 

equipment, in a manner consistent with 

good air pollution control practices for 

minimizing emissions of NSR regulated 

pollutants and considering the 

manufacturer’s recommended operating 

procedures at all times, including 

periods of startup, shutdown, 

maintenance and malfunction. The 

reviewing authority will determine 

whether the permittee is using 

acceptable operating and maintenance 

procedures based on information 

available to the reviewing authority 

which may include, but is not limited 

to, monitoring results, opacity 

observations, review of operating and 

maintenance procedures, and inspection 

of the permitted source. 

(ii) The permittee shall not consume 

more than the amount of petroleum 

solvent specified below: 

(A) 5,600 gallons per year based on a 

rolling 12-month total for a facility 

located in an ozone attainment, 

unclassifiable or attainment/

unclassifiable area; or 

(B) 1,300 gallons per year based on a 

rolling 12-month total for a facility 

located in an ozone nonattainment area. 

(iii) If your facility has a total 

manufacturer’s rated dryer capacity 

equal to or greater than 38 kilograms (84 

pounds), then you shall meet the 

following requirements: 

(A) Each petroleum solvent dry 

cleaning dryer shall be a solvent 

recovery dryer. The solvent recovery 

dryer(s) shall be properly installed, 

operated and maintained according to 

the manufacturer’s specifications. 

(B) Each petroleum solvent dry 

cleaning dryer located in a serious, 

severe or extreme ozone nonattainment 

area shall be a closed loop, dry-to-dry 

machine with a refrigerated condenser 

(manufacture red on or after October 20, 

2000) or with an evaporatively cooled 

condenser (manufacture red on or after 

July 9, 2004.) 

(iv) The maximum heat input capacity 

of each fuel combustion unit shall not 

exceed 10 MMBtu/hour and only 

natural gas, propane or butane may be 

used as fuels. 

(v) The total heat input capacity of the 

fuel combustion units shall be equal to 

or less than 30 MMBtu/hour. 

(vi) The capacity of any volatile 

organic liquid storage tank shall not 

exceed 19,812 gallons. 

(vii) All solvents shall be stored in 

closed containers. 

(viii) Button and lint traps shall be 

cleaned each working day. 

(ix) All washer lint traps, button traps, 

access doors, and other parts of the 

equipment where solvent may be 

exposed to the atmosphere shall be kept 

closed at all times except when required 

for proper operation or maintenance. 

(x) The still residue, used filtering 

material, lint, used solvent and all other 

wastes containing solvent shall be 

stored in sealed containers until 

properly disposed. 

(xi) If your facility is located in a 

serious, severe or extreme ozone 

nonattainment area, then the permittee 

shall also comply with the additional 

equipment specifications and operating 

requirements specified in § 49.163(e). 

(3) Monitoring and testing 

requirements. Each petroleum solvent 

dry cleaning dryer shall be inspected 

every 15 calendar days for evidence of 

leaks and all vapor or liquid leaks shall 

be repaired within the subsequent 15 

calendar day period. 

(4) Recordkeeping requirements. (i) 

The permittee shall maintain all records 

required to be kept by this permit by 

rule for at least 5 years from the date of 

origin, unless otherwise stated, either 

onsite or at a convenient location, such 

that they can be delivered to the 

reviewing authority within 24 hours of 

a request. 

(ii) The Notification of Coverage and 

all documentation supporting the 

notification shall be maintained by the 

permittee for the duration of time the 

affected emissions unit(s) is covered 

under this permit by rule. 

(iii) The permittee shall maintain a 

log of: 

(A) The results of the daily leak 

inspections, any corrective actions taken 

to repair leaks, and the results of any 

corrective actions taken; 

(B) Each type of petroleum solvent 

used at the facility; 

(C) The date, type, and amount of 

solvent (in gallons) added to the solvent 

tank of each dry cleaning machine; and 

(D) The monthly total gallons of 

petroleum solvent used and the 

resulting 12-month rolling total of 

solvent used. The 12-month rolling total 

is defined as the sum of the gallons of 

petroleum solvent used during the 

current month and the gallons of 

petroleum solvent used for the previous 

eleven (11) months. 

(5) Notification and reporting 

requirements—(i) Notification of 

construction or modification, and 

operations. The permittee shall submit 

a written or electronic notice to the 

reviewing authority within 30 days from 

when the permittee begins actual 

construction, and within 30 days from 

when the permittee begins initial 

operations or resumes operations after 

modification. 

(ii) Notification of change in 

ownership or operator. If the permitted 

source changes ownership or operator, 

then the new owner must submit a 

written or electronic notice to the 

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reviewing authority within 90 days 

before or after the change in ownership 

is effective. In the notice, the new 

permittee must provide the reviewing 

authority a written agreement 

containing a specific date for transfer of 

ownership, and an effective date on 

which the new owner assumes partial 

and/or full coverage and liability under 

this permit by rule. The submittal must 

identify the previous owner, and update 

the name, street address, mailing 

address, contact information, and any 

other information about the permitted 

source if it would change as a result of 

the change of ownership. The current 

owner shall ensure that the permitted 

source remains in compliance with the 

permit by rule until such transfer of 

ownership is effective. 

(iii) Notification of closure. The 

permittee must submit a report of any 

permanent or indefinite closure to the 

reviewing authority in writing within 90 

days after the cessation of all operations 

at the permitted source. It is not 

necessary to submit a report of closure 

for regular, seasonal closures. 

(iv) Annual reports. The permittee 

shall submit an annual report on or 

before March 15 of each calendar year 

to the reviewing authority. The annual 

report shall cover the period from 

January 1 to December 31 of the 

previous calendar year and shall 

include: 

(A) An evaluation of the permitted 

source’s compliance status with the 

requirements in paragraph (d)(2) of this 

section; 

(B) Summaries of the required 

monitoring and recordkeeping in 

paragraphs (d)(3) and (4) of this section; 

and 

(C) Summaries of deviation reports 

submitted pursuant to paragraph 

(d)(5)(v) of this section. 

(v) Deviation reports. The permittee 

shall promptly report to the reviewing 

authority any deviations as defined at 

40 CFR 71.6(a)(3)(iii)(C) from permit by 

rule requirements including deviations 

attributable to upset conditions. (For the 

purposes of this permit by rule, 

promptly shall be defined to mean: At 

the time the annual report in paragraph 

(d)(5)(iv) of this section is submitted.) 

Deviation reports shall include: 

(A) The identity of affected emissions 

unit where the deviation occurred. 

(B) The nature of the deviation; 

(C) The length of time of the 

deviation; 

(D) The probable cause of the 

deviation; and 

(E) Any corrective actions or 

preventive measures taken as a result of 

the deviation to minimize emissions 

from the deviation and to prevent future 

deviations. 

(vi) Reporting and notification 

address. The permittee shall send all 

required reports to the reviewing 

authority at the mailing address 

specified in paragraph (f) of this section. 

(vii) Signature verifying truth, 

accuracy and completeness. All reports 

required by this permit by rule shall be 

signed by a responsible official as to the 

truth, accuracy and completeness of the 

information. The report must state that, 

based on information and belief formed 

after reasonable inquiry, the statements 

and information are true, accurate, and 

complete. If the permittee discovers that 

any reports or notification submitted to 

the reviewing authority contain false, 

inaccurate, or incomplete information, 

the permittee shall notify the reviewing 

authority immediately and correct or 

amend the report as soon as practicable. 

(6) Changes to this permit by rule—(i) 

Revising, reopening, revoking and 

reissuing, or terminating for cause. The 

permit by rule may be revised, 

reopened, revoked and reissued, or 

terminated for cause. The filing of a 

request by the permittee for a permit 

revision, revocation and re-issuance, or 

termination, or of a notification of 

planned changes or anticipated 

noncompliance does not stay any permit 

by rule condition. This provision also 

applies to the documents incorporated 

by reference. 

(ii) Terminating coverage under this 

permit by rule. The reviewing authority 

may terminate coverage under the 

permit by rule, and thereby terminate 

that permittee’s authorization to 

construct or modify, and that permitted 

source’s authorization to operate under 

this permit by rule for cause as defined 

in paragraph (b) of this section. The 

reviewing authority may provide the 

permittee with notice of the intent to 

terminate, and delay the effective date 

of the termination to allow the permittee 

to obtain a source-specific permit. 

(iii) Permit becomes invalid. 

Authority to construct and operate 

under this permit by rule becomes 

invalid if the permittee does not 

commence construction within 18 

months after the effective date of the 

Request for Coverage under the permit 

by rule, if the permittee discontinues 

construction for a period of 18 months 

or more, or if the permittee does not 

complete construction within a 

reasonable time. The reviewing 

authority may extend the 18-month 

period upon a satisfactory showing that 

an extension is justified according to 40 

CFR 49.156(e)(8). 

(e) Petroleum dry cleaning facilities in 

certain nonattainment areas. For 

facilities located in serious, severe, or 

extreme ozone nonattainment areas, the 

permittee shall operate and maintain the 

solvent dry cleaning system in 

accordance with the requirements 

specified below and in accordance with 

the manufacturer’s recommendations: 

(1) General specifications. (i) All parts 

of the dry cleaning system where 

solvent may be exposed to the 

atmosphere or workroom shall be kept 

closed at all times except when access 

is required for proper operation and 

maintenance. 

(ii) Wastewater evaporators shall be 

operated to ensure that no liquid solvent 

or visible emulsion is allowed to 

vaporize to the atmosphere. 

(2) Additional specification for 

closed-loop machines. (i) A closed-loop 

machine means dry cleaning equipment 

in which washing, extraction, and 

drying is performed within the same 

single affected emissions unit and 

which re-circulates and recovers the 

solvent-laden vapor. 

(ii) A closed-loop machine shall not 

exhaust to the atmosphere or workroom 

during operation except when the 

vacuum pump exhausts to maintain a 

continuous vacuum. 

(iii) For any closed-loop machine that 

is not equipped with a locking 

mechanism, the operator shall not open 

the door of a closed-loop machine prior 

to completion of the drying cycle. 

(iv) For any closed-loop machine that 

is equipped with a locking mechanism, 

the operator shall not inactivate the 

locking mechanism and open the door 

of a closed-loop machine prior to 

completion of the drying cycle. 

(3) Leak check and repair 

requirements. (i) No less frequently than 

monthly, the owner or operator shall 

inspect the dry cleaning system for 

liquid and vapor leaks, including, but 

not limited to, the following: 

(A) Hose connections, unions, 

couplings, valves, and flanges; 

(B) Machine door gasket and seating 

of the machine cylinder; 

(C) Filter head gasket and seating; 

(D) Pumps; 

(E) Base tanks and storage containers; 

(F) Water separators; 

(G) Filter sludge recovery; 

(H) Seals and gaskets of distillation 

unit(s); 

(I) Diverter valves; 

(J) Saturated lint from lint trap basket; 

(K) Button trap lid; 

(L) Cartridge or other types of filters; 

(M) Seals, gaskets and the diverter 

valve of the refrigerated condenser; 

(N) Exhaust stream ducts; 

(O) Lint trap ducts; and 

(P) Gaskets and ducts of the carbon 

adsorber. 

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(ii) To inspect for a vapor leak, the 

operator shall use at least one of the 

following techniques: 

(A) Soap bubble technique in 

accordance with the procedures in EPA 

Method 21, section 4.3.3—Alternative 

Screening Procedure; 

(B) A non-halogenated hydrocarbon 

detector; 

(C) A portable hydrocarbon analyzer; 

or 

(D) An alternative method approved 

by the reviewing authority. 

(iii) To inspect for a liquid leak, the 

operator shall visually inspect the 

equipment for liquid leaking in a visible 

mist or at the rate of more than one drop 

every 3 minutes. 

(iv) Any liquid leak or vapor leak that 

has been detected by the operator shall 

be repaired within 3 working days of 

detection. If repair parts are not 

available at the facility, the parts shall 

be ordered within 2 working days of 

detecting such a leak and the operator 

shall provide written notification to the 

reviewing authority that explains the 

reason(s) for delaying the leak repair. 

Such repair parts shall be installed 

within 5 working days after receipt. A 

facility with a leak that has not been 

repaired by the end of the 7th working 

day after detection shall not operate the 

dry cleaning equipment, until the leak 

is repaired. 

(f) List of reviewing authorities and 

areas of coverage. 

TABLE 1—LIST OF REVIEWING AUTHORITIES AND AREAS OF COVERAGE

EPA region Address for notification of 

coverage 

Address for all other notifications 

and reports Area covered Phone number 

Region I .............. EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OEP05–2, Boston, MA 02109– 

3912.

EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OES04–2, Boston, MA 02109– 

3912.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and 

Vermont.

888–372–7341 617– 

918–1111 

Region II ............. Chief, Air Programs Branch, Clean 

Air and Sustainability Division, 

EPA Region 2, 290 Broadway, 

25th Floor, New York, NY 

10007–1866.

Chief, Air Compliance Branch, Division of Enforcement and Compliance Assistance, EPA Region 

2, 290 Broadway, 21st Floor, 

New York, NY 10007–1866.

New Jersey, New York, 

Puerto Rico, and Virgin 

Islands.

877–251–4575 

Region III ............ Office of Permits and Air Toxics, 

3AP10, EPA Region 3, 1650 

Arch Street, Philadelphia, PA 

19103.

Office of Air Enforcement and 

Compliance Assurance, 3AP20, 

EPA Region 3, 1650 Arch 

Street, Philadelphia, PA 19103.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia.

800–438–2474 215– 

814–5000 

Region IV ........... Chief, Air Permits Section, EPA 

Region 4 APTMD, 61 Forsyth 

Street, Atlanta, GA 30303.

Chief, Air & EPCRA Enforcement 

Branch, EPA Region 4 APTMD, 

61 Forsyth Street SW., Atlanta, 

GA 30303.

Alabama, Florida, Georgia, 

Kentucky, Mississippi, 

North Carolina, South 

Carolina, and Tennessee.

800–241–1754 404– 

562–9000 

Region V ............ Air Permits Section, Air Programs 

Branch (AR–18J), EPA Region 

5, 77 West Jackson Blvd, Chicago, IL 60604.

Air Enforcement and Compliance 

Assurance Branch (AE–17J), Air 

and Radiation Division, EPA 

Region 5, 77 West Jackson 

Blvd, Chicago, IL 60604.

Illinois, Indiana, Michigan, 

Minnesota, Ohio, and 

Wisconsin.

800–621–8431 312– 

353–2000 

Region VI ........... Multimedia Planning and Permitting Division, EPA Region 6, 

1445 Ross Avenue (6PD–R), 

Dallas, TX 75202.

Compliance and Enforcement Correspondence:, Compliance Assurance and Enforcement Division, EPA Region 6, 1445 Ross 

Avenue (6EN), Dallas, TX 

75202.

Arkansas, Louisiana, New 

Mexico, Oklahoma, and 

Texas.

800–887–6063 214– 

665–2760 

Region VII .......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, KS 

66219.

Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, KS 

66219.

Iowa, Kansas, Missouri, 

and Nebraska.

800–223–0425 913– 

551–7003 

Region VIII ......... U.S. Environmental Protection 

Agency, Region 8, Office of 

Partnerships and Regulatory 

Assistance, Tribal Air Permitting 

Program, 8P–AR, 1595 

Wynkoop Street, Denver, CO 

80202.

U.S. Environmental Protection 

Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics 

and Technical Enforcement Program, 8ENF–AT, 1595 

Wynkoop Street, Denver, CO 

80202.

Colorado, Montana, North 

Dakota, South Dakota, 

Utah, and Wyoming.

800–227–8917 303– 

312–6312 

Region IX ........... Chief, Permits Office (Air-3), Air 

Division, EPA Region 9, 75 

Hawthorne St, San Francisco, 

CA 94105.

Enforcement Division Director, 

Attn: Air & TRI Section (ENF–2– 

1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 

94105.

American Samoa, Arizona, 

California, Guam, Hawaii, 

Navajo Nation Nevada, 

and Northern Mariana Islands.

866–EPA–9378 

415–947–8000 

Region X ............ Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Alaska, Idaho, Oregon, and 

Washington.

800–424–4372 206– 

553–1200 

■ 6. Section 49.164 is added to read as 

follows: 

§ 49.164 Air quality permit by rule for new 

or modified true minor source gasoline 

dispensing facilities in Indian country. 

(a) Abbreviations and acronyms: 

AST Aboveground Storage Tank 

CAA or the Act Federal Clean Air Act 

CFR Code of Federal Regulations 

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EPA United States Environmental 

Protection Agency 

GDF Gasoline Dispensing Facility 

NAAQS National Ambient Air Quality 

Standards 

NSR New Source Review 

ppm parts per million 

PSD Prevention of Significant Deterioration 

PV Pressure/Vacuum 

VOC Volatile Organic Compounds 

(b) Definitions for the purposes of this 

permit by rule. (1) Cause means with 

respect to the reviewing authority’s 

ability to terminate a permitted source’s 

coverage under a permit that: 

(i) The permittee is not in compliance 

with the provisions of this permit by 

rule; 

(ii) The reviewing authority 

determines that the emissions resulting 

from the construction or modification of 

the permitted source significantly 

contribute to NAAQS violations, which 

are not adequately addressed by the 

requirements in this permit by rule; 

(iii) The reviewing authority has 

reasonable cause to believe that the 

permittee obtained coverage under the 

permit by rule by fraud or 

misrepresentation; or 

(iv) The permittee failed to disclose a 

material fact required by the 

Notification of Coverage or the 

requirements applicable to the 

permitted source of which the applicant 

had or should have had knowledge at 

the time the permittee submitted the 

Notification of Coverage. 

(2) Construction means any physical 

change or change in the method of 

operation including fabrication, 

erection, installation, demolition, or 

modification of an affected emissions 

unit that would result in a change of 

emissions. 

(3) Dual-point vapor balance system 

means a type of vapor balance system in 

which the storage tank is equipped with 

an entry port for a gasoline fill pipe and 

a separate exit port for a vapor 

connection. 

(4) Emergency engine means any 

stationary reciprocating internal 

combustion engine that meets all of the 

criteria in paragraphs (b)(4)(i) through 

(iii) of this section. All emergency 

engines must comply with the 

requirements specified in 40 CFR 

63.6640(f) in order to be considered 

emergency engines. If the engine does 

not comply with the requirements 

specified, then it is not considered to be 

an emergency engine. 

(i) The engine is operated to provide 

electrical power or mechanical work 

during an emergency situation. 

Examples include engines used to 

produce power for critical networks or 

equipment (including power supplied to 

portions of a facility) when electric 

power from the local utility (or the 

normal power source, if the facility runs 

on its own power production) is 

interrupted, or an engine used to pump 

water in the case of fire or flood, etc. 

(ii) The engine is operated under 

limited circumstances for situations not 

included in paragraph (b)(4)(i) of this 

section, as specified in 40 CFR 

63.6640(f). 

(iii) The engine operates as part of a 

financial arrangement with another 

entity in situations not included in 

paragraph (b)(4)(i) of this definition only 

as allowed in 40 CFR 63.6640(f). 

(5) Notification of Coverage means the 

permit notification that contains all the 

information required in the standard 

notification form for this permit by rule. 

(6) Permittee means the owner or 

operator of a permitted source. 

(7) Permitted source means each 

gasoline dispensing facility for which a 

permitted source submits a complete 

Notification of Coverage. 

(8) Responsible official means one of 

the following: 

(i) For a corporation: a president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is directly responsible for 

the overall operation of the permitted 

source; 

(ii) For a partnership or sole 

proprietorship: a general partner or the 

proprietor, respectively; or 

(iii) For a public agency: Either a 

principal executive officer or ranking 

elected official, such as a chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency. 

(9) Submerged filling means the filling 

of a gasoline storage tank through a 

submerged fill pipe whose discharge is 

no more than 6 inches from the bottom 

of the tank. Bottom filling of gasoline 

storage tanks is covered under this 

submerged filling definition. 

(10) Ullage means the volume of a 

container not occupied by liquid. For 

example, the ullage of a tank designed 

primarily for containing liquid is the 

volume of the tank minus the volume of 

the liquid it contains. 

(11) Vapor balance system means a 

combination of pipes and hoses that 

create a closed system between the 

vapor spaces of an unloading gasoline 

cargo tank and a receiving storage tank 

such that vapors displaced from the 

storage tank are transferred to the 

gasoline cargo tank being unloaded. 

(12) Vapor tight means equipment 

that allows no loss of vapors. 

Compliance with vapor-tight 

requirements can be determined by 

checking to ensure that the 

concentration at a potential leak source 

is not equal to or greater than 100 

percent of the lower explosive limit 

when measured with a combustible gas 

detector, calibrated with propane, at a 

distance of 1 inch from the potential 

leak source. 

(c) Information about this permit by 

rule—(1) Applicability. Pursuant to the 

provisions of the CAA, subchapter I, 

part D and 40 CFR part 49, subpart C, 

this permit authorizes the construction 

or modification and the operation of 

each stationary gasoline dispensing 

facility (GDF) for which a reviewing 

authority receives a completed 

Notification of Coverage (permitted 

source). 

(2) Eligibility. To be eligible for 

coverage under this permit by rule, the 

permitted source must qualify as a true 

minor source as defined in 40 CFR 

49.152 and satisfied the requirements in 

40 CFR 49.156(f)(6)(iii). In addition, 

coverage under this Permit by Rule is 

not available in areas located within the 

geographic boundaries of California. 

(3) Notification of Coverage. 

Requirements for submitting a 

Notification of Coverage are contained 

in paragraph (d)(1) of this permit by 

rule. The information contained in each 

permitted source’s Notification of 

Coverage is hereby enforceable under 

this permit by rule. 

(4) Termination. Paragraph (d)(6) of 

this permit by rule addresses a 

reviewing authority’s ability to revise, 

revoke and reissue, or terminate 

coverage under this permit by rule. It 

also addresses the reviewing authority’s 

ability to terminate an individual 

permitted source’s coverage under this 

permit by rule. 

(5) Definitions. The terms used herein 

shall have the meaning as defined in 40 

CFR 49.152, unless otherwise defined in 

paragraph (b) of this permit by rule. If 

a term is not defined, it shall be 

interpreted in accordance with normal 

business use. 

(d) Permit by rule terms and 

conditions. The following applies to 

each permittee and permitted source 

with respect to only the affected 

emissions units and any associated air 

pollution control technologies in that 

permitted source’s Notification of 

Coverage. 

(1) General provisions—(i) Obtaining 

coverage under this permit by rule. To 

obtain coverage under this permit by 

rule, an applicant must submit a 

completed Notification of Coverage to 

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the appropriate reviewing authority for 

the area in which the permitted source 

is or will be located (the Notification of 

Coverage Form can be found at: http:// 

www.epa.gov/air/tribal/tribalnsr.html). 

Table 1 of paragraph (f) contains a list 

of reviewing authorities and their area 

of coverage. You must also submit a 

copy of the Notification of Coverage to 

the Indian governing body for any area 

in which the permitted source will 

operate. Coverage under this permit by 

rule is not available in areas within the 

geographical boundaries of California. 

(ii) Construction and operation. The 

permittee shall construct or modify and 

shall operate the affected emissions 

units and any associated air pollution 

control technologies in compliance with 

this permit by rule and all other 

applicable federal air quality 

regulations; and in a manner consistent 

with representations made by the 

permittee in the Notification of 

Coverage. 

(iii) Locations. This permit by rule 

only authorizes the permittee to 

construct or modify and to operate the 

permitted source in the location(s) listed 

in the Notification of Coverage for that 

permitted source. 

(iv) Liability. This permit by rule does 

not release the permittee from any 

liability for compliance with other 

applicable federal and tribal 

environmental laws and regulations, 

including the CAA. 

(v) Severability. The provisions of this 

permit by rule are severable. If any 

portion of this permit by rule is held 

invalid, the remaining terms and 

conditions of this permit by rule shall 

remain valid and in force. 

(vi) Compliance. The permittee must 

comply with all provisions of this 

permit by rule, including emission 

limitations that apply to the affected 

emissions units at the permitted source. 

Noncompliance with any permit 

provision is a violation of this permit by 

rule and may constitute a violation of 

CAA; is grounds for an enforcement 

action; and is grounds for the reviewing 

authority to revoke and terminate the 

permitted source’s coverage under this 

permit by rule. 

(vii) National Ambient Air Quality 

Standards (NAAQS)/Prevention of 

Significant Deterioration (PSD) 

Protection. The permitted source must 

not cause or contribute to a NAAQS 

violation or, in an attainment area, must 

not cause or contribute to a PSD 

increment violation. 

(viii) Unavailable defense. It is not a 

defense for the permittee in an 

enforcement action that it would have 

been necessary to halt or reduce the 

permitted activity in order to maintain 

compliance with the provisions of this 

permit by rule. 

(ix) Property rights. This permit by 

rule does not convey any property rights 

of any sort or any exclusive privilege. 

(x) Information requests. You, as the 

permittee, shall furnish to the reviewing 

authority, within 30 days unless another 

timeframe is specified by the EPA, any 

information that the reviewing authority 

may request in writing to determine 

whether cause exists for revising, 

revoking and reissuing, or terminating 

coverage under the permit by rule or to 

determine compliance with the permit 

by rule. For any such information 

claimed to be confidential, the permittee 

must submit a claim of confidentiality 

in accordance with 40 CFR part 2 

subpart B. 

(xi) Inspection and entry. Upon 

presentation of proper credentials, the 

permittee must allow a representative of 

the reviewing authority to: 

(A) Enter upon the premises where a 

permitted source is located or 

emissions-related activity is conducted 

or where records are required to be kept 

under the conditions of the permit by 

rule; 

(B) Have access to and copy, at 

reasonable times, any records that are 

required to be kept under the conditions 

of the permit by rule; 

(C) Inspect, during normal business 

hours or while the permitted source is 

in operation, any facilities, equipment 

(including monitoring and air pollution 

control equipment), practices or 

operations regulated or required under 

the permit by rule; 

(D) Sample or monitor, at reasonable 

times, substances or parameters for the 

purpose of assuring compliance with 

the permit by rule or other applicable 

requirements; and 

(E) Record any inspection by use of 

written, electronic, magnetic and 

photographic media. 

(xii) Posting of coverage. The most 

current Notification of Coverage for the 

permitted source, must be posted 

prominently at the facility, and each 

affected emissions unit and any 

associated air pollution control 

technology must be labeled with the 

identification number listed in the 

Notification of Coverage for that 

permitted source. 

(xiii) Duty to obtain source-specific 

permit. If the reviewing authority 

intends to terminate a permitted 

source’s coverage under this permit by 

rule for cause as provided in 

§ 49.164(d)(6), then the permittee shall 

apply for and obtain a source-specific as 

required by the reviewing authority. 

(xiv) Credible evidence. For the 

purpose of establishing whether the 

permittee violated or is in violation of 

any requirement of this permit by rule, 

nothing shall preclude the use, 

including the exclusive use, of any 

credible evidence or information 

relevant to whether a permitted source 

would have been in compliance with 

applicable requirements if the permittee 

had performed the appropriate 

performance or compliance test or 

procedure. 

(2) Emission limitations and 

standards. (i) The permittee shall 

install, maintain, and operate each 

affected emissions unit, including any 

associated air pollution control 

equipment, in a manner consistent with 

good air pollution control practices for 

minimizing emissions of NSR regulated 

pollutants and considering the 

manufacturer’s recommended operating 

procedures at all times, including 

periods of startup, shutdown, 

maintenance and malfunction. The 

reviewing authority will determine 

whether the permittee is using 

acceptable operating and maintenance 

procedures based on information 

available to the reviewing authority 

which may include, but is not limited 

to, monitoring results, opacity 

observations, review of operating and 

maintenance procedures, and inspection 

of the permitted source. 

(ii) GDFs located in an ozone 

attainment, unclassifiable or attainment/ 

unclassifiable area or a marginal or 

moderate ozone nonattainment area 

shall limit throughput of gasoline to less 

than 25,000,000 gallons per year based 

on a 12-month rolling total. 

(iii) GDFs located in a serious, severe 

or extreme ozone nonattainment area 

shall limit throughput of gasoline to less 

than 8,000,000 gallons per year based on 

a 12-month rolling total. 

(iv) You must ensure gasoline is 

handled in a manner that will minimize 

vapor releases to the atmosphere. The 

measures to be taken include: 

(A) Minimizing gasoline spills; 

(B) Cleaning up spills as 

expeditiously as practicable. The spill 

bucket shall be free from standing liquid 

and debris; 

(C) Covering all open gasoline 

containers and all gasoline storage tank 

fill-pipes with a gasketed seal when not 

in use (all portable gasoline containers 

that meet the requirements of 40 CFR 

part 59, subpart F meet this 

requirement); 

(D) Minimizing gasoline sent to open 

waste collection systems that collect 

and transport gasoline to reclamation 

and recycling devices, such as oil/water 

separators; and 

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(E) To the extent practicable, any 

other actions necessary to minimize 

vapor releases to the atmosphere. 

(v) Except as specified in paragraph 

(d)(2)(v)(B) of this section, you must 

only load gasoline into storage tanks at 

your facility by utilizing submerged 

filling, and as specified in this 

condition. The applicable distances 

shall be measured from the point in the 

opening of the submerged fill pipe that 

is the greatest distance from the bottom 

of the storage tank. 

(A) Submerged fill pipes must be no 

more than 6 inches from the bottom of 

the tank. 

(B) Submerged fill pipes not meeting 

the specifications paragraph (d)(2)(v)(A) 

of this section are allowed if the owner 

or operator can demonstrate that the 

liquid level in the tank is always above 

the entire opening of the fill pipe. 

Documentation providing such 

demonstration must be made available 

onsite for inspection by the reviewing 

authority. 

(vi) Except as provided in paragraph 

(d)(2)(viii) of this section, each new or 

modified gasoline storage tank 

constructed must be equipped with a 

Stage I dual-point vapor balance system. 

(vii) Except as provided in paragraph 

(d)(2)(viii) of this section, each Stage I 

dual-point vapor balance system on 

your gasoline storage tank must meet 

the design criteria and management 

practices in paragraph (e) of this section, 

as applicable. 

(viii) The affected emissions units 

listed below are not required to comply 

with the control requirements in 

paragraphs (d)(2)(vi) and (vii) of this 

section, but must comply with the 

requirements in paragraph (d)(2)(v) of 

this section. 

(A) Gasoline storage tanks with a 

capacity of less than 250 gallons. 

(B) Gasoline storage tanks with a 

capacity of less than 2,000 gallons. 

(C) Gasoline storage tanks equipped 

with floating roofs, or the equivalent. 

(ix) Cargo tanks unloading at GDFs 

must not unload gasoline into a storage 

tank at a GDF unless the following 

management practices are met: 

(A) All hoses in the vapor balance 

system are properly connected; 

(B) The adapters or couplers that 

attach to the vapor line on the storage 

tank have closures that seal upon 

disconnect; 

(C) All vapor return hoses, couplers, 

and adapters used in gasoline delivery 

are vapor-tight; 

(D) All tank truck vapor return 

equipment is compatible in size and 

forms a vapor-tight connection with the 

vapor balance equipment on the GDF 

storage tank; 

(E) All hatches on the tank truck are 

closed and securely fastened; and 

(F) The filling of storage tanks at GDF 

shall be limited to unloading from 

vapor-tight gasoline cargo tanks. 

(x) Each emergency engine shall: 

(A) Be equipped with a non-resettable 

hour meter; 

(B) If using fuel oil, use diesel or 

biodiesel containing no more than 15 

ppm (0.0015 percent) sulfur; 

(C) Meet the following certification 

requirement for compression ignition 

emergency engines: for model year 2006 

and later engines, the engine shall be 

certified to the standards in 40 CFR part 

89. 

(D) Meet the following certification 

requirements for spark ignition 

emergency engines manufactured on or 

after January 1, 2009: 

(1) Engines greater than 50 hp and 

less than 130 hp shall be certified to the 

Phase I standards in 40 CFR 90.103; and 

(2) Engines greater than or equal to 

130 hp shall be certified to the 

standards in 40 CFR 1048. 

(E) If not required to be certified to the 

standards in paragraph (d)(2)(x)(C) or 

(D) of this section: 

(1) Follow the manufacturer’s 

emission-related operation and 

maintenance instructions or develop 

your own maintenance plan which must 

provide to the extent practicable for the 

maintenance and operation of the 

engine in a manner consistent with good 

air pollution control practice for 

minimizing emissions; 

(2) Change oil and filter and inspect 

every hose and belt every 500 hours of 

operation or annually, whichever comes 

first; and 

(3) Inspect air cleaner or spark plugs, 

as applicable, every 1,000 hours of 

operation, or annually, whichever 

comes first. 

(3) Monitoring and testing 

requirements. (i) For each vapor balance 

system, the permittee shall perform an 

initial performance test as prescribed in 

paragraph (e) of this section and every 

3 years thereafter. The performance test 

shall be conducted within 60 days after 

achieving the maximum production rate 

at which the permitted source will 

operate the affected vapor balance 

system, but not later than 180 days after 

the first day of operation after the 

reviewing authority receives the 

completed Notification of Coverage. 

(ii) The permittee shall monitor 

monthly gasoline throughput in gallons. 

(iii) The permittee shall perform 

weekly inspections of the vapor control 

recovery system(s), all pumps, 

compressors, pipes, hoses, mechanical 

seals, or other equipment storing, 

handling, conveying, or controlling 

VOCs. For sources located in extreme 

ozone nonattainment areas, these 

equipment inspections shall be 

performed daily. The inspections shall 

be used to determine whether all 

equipment is in good working order 

according to any available 

manufacturer’s recommendations and 

good engineering practices. 

(4) Recordkeeping requirements. (i) 

The permittee shall maintain all records 

required to be kept onsite by this permit 

by rule for at least 5 years from the date 

of origin, unless otherwise stated. 

(ii) The Notification of Coverage and 

all documentation supporting that 

application shall be maintained by the 

permittee for the duration of time the 

affected emissions unit(s) is covered 

under this permit by rule. 

(iii) The permittee shall maintain 

records of each inspection required by 

paragraph (d)(3)(iii) of this section. The 

records shall include a log of: 

(A) Identification of the devices 

inspected; 

(B) The date of the inspection; 

(C) The results of each inspection; 

(D) Any corrective actions taken as a 

result of the inspection; and 

(E) The results of any corrective 

actions taken. 

(iv) For each emergency engine, the 

permittee shall maintain a log of all 

maintenance activities conducted and a 

log of the hours of operation including 

the date, time, duration, and reason for 

use. 

(v) The permittee shall maintain 

records on a monthly basis of the fuel 

throughput and the 12-month rolling 

total. The 12-month rolling total is 

defined as the sum of the fuel 

throughput during the current month 

and the fuel throughput for the previous 

11 months. 

(vi) The results of each performance 

test conducted pursuant to 

§ 49.164(d)(3)(i) shall be recorded. At a 

minimum, the permittee shall maintain 

records of: 

(A) The date of each test; 

(B) Each test plan; 

(C) Any documentation required to 

approve an alternate test method; 

(D) Test conditions; 

(E) The results of each test; and 

(F) The name of the company or entity 

conducting the analysis. 

(5) Notification and reporting 

requirements—(i) Notification of 

construction or modification, and 

operations. The permittee shall submit 

a written or electronic notice to the 

reviewing authority within 30 days from 

when the permittee begins actual 

construction, and within 30 days from 

when the permittee begins initial 

operations or resumes operation after a 

modification. 

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25106 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

(ii) Notification of change in 

ownership or operator. If the permitted 

source changes ownership or operator, 

then the new owner must submit a 

written or electronic notice to the 

reviewing authority within 90 days 

before or after the change in ownership 

is effective. In the notice, the new 

permittee must provide the reviewing 

authority a written agreement 

containing a specific date for transfer of 

ownership, and an effective date on 

which the new owner assumes partial 

and/or full coverage and liability under 

this permit by rule. The submittal must 

identify the previous owner, and update 

the name, street address, mailing 

address, contact information, and any 

other information about the permitted 

source if it would change as a result of 

the change of ownership. The current 

owner shall ensure that the permitted 

source remains in compliance with the 

permit by rule until any such transfer of 

ownership is effective. 

(iii) Notification of closure. The 

permittee must submit a report of any 

permanent or indefinite closure to the 

reviewing authority in writing within 90 

days after the cessation of all operations 

at the permitted source. The notification 

must identify the owner, the current 

location, and the last operating location 

of the permitted source. It is not 

necessary to submit a report of closure 

for regular, seasonal closures. 

(iv) Annual reports. The permittee 

shall submit an annual report on or 

before March 15 of each calendar year 

to the reviewing authority. The annual 

report shall cover the period from 

January 1 to December 31 of the 

previous calendar year and shall 

include: 

(A) An evaluation of the permitted 

source’s compliance status with the 

emission limitations and standards in 

paragraph (d)(2) of this section; 

(B) Summaries of the required 

monitoring and recordkeeping in 

paragraphs (d)(3) and (4) of this section; 

and 

(C) Summaries of deviation reports 

submitted pursuant to paragraph 

(d)(5)(v) of this section. 

(v) Deviation reports. The permittee 

shall promptly report to the reviewing 

authority any deviations as defined at 

40 CFR 71.6(a)(3)(iii)(C) from the permit 

by rule requirements including 

deviations attributable to upset 

conditions. (For the purposes of this 

permit by rule, promptly shall be 

defined to mean: at the time the annual 

report in paragraph (d)(5)(iv) of this 

section is submitted.) Deviation reports 

shall include: 

(A) The identity of affected emissions 

unit where the deviation occurred; 

(B) The nature of the deviation; 

(C) The length of time of the 

deviation; 

(D) The probable cause of the 

deviation; and 

(E) Any corrective actions or 

preventive measures taken as a result of 

the deviation to minimize emissions 

from the deviation and to prevent future 

deviations. 

(vi) Performance test reports. The 

permittee shall submit a test report to 

the reviewing authority within 45 days 

after the completion of any required 

performance test. At a minimum, the 

test report shall include: 

(A) A description of the affected 

emissions unit and sampling location(s); 

(B) The time and date of each test; 

(C) A summary of test results, 

reported in units consistent with the 

applicable standard; 

(D) A description of the test methods 

and quality assurance procedures used; 

(E) A summary of any deviations from 

the proposed test plan and justification 

for why the deviation(s) was necessary; 

(F) Operating parameters of the 

affected emissions unit and control 

equipment during each test run; 

(G) Sample calculations of equations 

used to determine test results in the 

appropriate units; and 

(H) The name of the company or 

entity performing the analysis. 

(vii) Reporting and notification 

address.The permittee shall send all 

required reports to the reviewing 

authority at the mailing address 

specified in paragraph (f) of this section. 

(viii) Signature verifying truth, 

accuracy and completeness. All reports 

required by this permit by rule shall be 

signed by a responsible official as to the 

truth, accuracy and completeness of the 

information. The report must state that, 

based on information and belief formed 

after reasonable inquiry, the statements 

and information are true, accurate, and 

complete. If the permittee discovers that 

any reports or notification submitted to 

the reviewing authority contain false, 

inaccurate, or incomplete information, 

the permittee shall notify the reviewing 

authority immediately and correct or 

amend the report as soon as practicable. 

(6) Changes to this permit by rule— 

(i) Revising, reopening, revoking and 

reissuing, or terminating for cause. The 

permit by rule may be revised, 

reopened, revoked and reissued, or 

terminated for cause. The filing of a 

request by the permittee for a permit 

revision, revocation and re-issuance, or 

termination, or of a notification of 

planned changes or anticipated 

noncompliance does not stay any permit 

by rule condition. This provision also 

applies to the documents incorporated 

by reference. 

(ii) Terminating coverage under this 

permit by rule. The reviewing authority 

may terminate coverage under this 

permit by rule, and thereby terminate 

that permittee’s authorization to 

construct or modify, and that permitted 

source’s authorization to operate under 

this permit by rule for cause as defined 

in paragraph (b) of this section. The 

reviewing authority may provide the 

permittee with notice of the intent to 

terminate, and delay the effective date 

of the termination to allow the permittee 

to obtain a source specific permit as 

required by the reviewing authority. 

(iii) Permit becomes invalid. 

Authority to construct and operate 

under this permit by rule becomes 

invalid if the permittee does not 

commence construction within 18 

months after the Notification of 

Coverage is received by the reviewing 

authority, if the permittee discontinues 

construction for a period of 18 months 

or more, or if the permittee does not 

complete construction within a 

reasonable time. The reviewing 

authority may extend the 18-month 

period upon a satisfactory showing that 

an extension is justified according to 40 

CFR 49.156(e)(8). 

(e) Vapor balance system design 

criteria, management practices, and 

performance testing. (1) Design criteria 

and management practices for each 

vapor balance system: 

(i) All vapor connections and lines on 

the storage tank(s) shall be equipped 

with closures that seal upon disconnect. 

(ii) The vapor line from the gasoline 

storage tank to the gasoline cargo tank 

shall be vapor-tight. 

(iii) The vapor balance system shall be 

designed such that the pressure in the 

tank truck does not exceed 18 inches 

water pressure or 5.9 inches water 

vacuum during product transfer. 

(iv) The vapor recovery and product 

adaptors, and the method of connection 

with the delivery elbow, shall be 

designed so as to prevent the overtightening or loosening of fittings during 

normal delivery operations. 

(v) If a gauge well separate from the 

fill tube is used, it shall be provided 

with a submerged drop tube that 

extends no more than 6 inches from the 

bottom of the storage tank. 

(vi) Liquid fill connections for all 

systems shall be equipped with vaportight caps. 

(vii) Pressure/vacuum (PV) vent 

valves shall be installed on the storage 

tank vent pipes. The pressure 

specifications for PV vent valves shall 

be: a positive pressure setting of 2.5 to 

6.0 inches of water and a negative 

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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 25107 

pressure setting of 6.0 to 10.0 inches of 

water. The total leak rate of all PV vent 

valves at an affected facility, including 

connections, shall not exceed 0.17 cubic 

foot per hour at a pressure of 2.0 inches 

of water and 0.63 cubic foot per hour at 

a vacuum of 4 inches of water. 

(viii) The vapor balance system shall 

be capable of meeting the static pressure 

performance requirement of the 

following equation: Pf = 2e¥500.887/v, 

where: Pf = minimum allowable final 

pressure, inches of water, v = total 

ullage affected by the test, gallons, e = 

dimensionless constant equal to 

approximately 2.718, 2 = the initial 

pressure, inches water. 

(ix) For aboveground storage tanks 

(ASTs) with a capacity greater than 250 

gallons and located at a GDF in a 

serious, severe, or extreme ozone 

nonattainment area the permittee shall 

also: 

(A) Limit standing loss emissions to 

less than or equal to 0.57 lbs VOC per 

1,000 gallons ullage per day (lbs/1,000 

gallons/day), for newly installed tanks. 

(B) Limit standing loss emissions to 

less than or equal to 2.26 lbs VOC per 

1,000 gallons ullage per day (lbs/1,000 

gallons/day), for modified or 

reconstructed tanks. 

(2) Vapor balance system performance 

testing: 

(i) The permittee shall conduct 

performance testing to demonstrate 

compliance with the leak rate and 

cracking pressure requirements, 

specified in paragraph (e)(1)(vii) of this 

section, for pressure-vacuum vent 

valves installed on your gasoline storage 

tanks as follows: 

(A) According to a test plan submitted 

at least 30 days in advance of the test 

date to the reviewing authority; and 

(B) Using California Air Resources 

Board Vapor Recovery Test Procedure 

TP–201.1E,—Leak Rate and Cracking 

Pressure of Pressure/Vacuum Vent 

Valves, adopted October 8, 2003 (see 40 

CFR 63.14). 

(ii) The permittee shall conduct 

performance testing to demonstrate 

compliance with the static pressure 

performance requirement, specified in 

paragraph (e)(1)(viii) of this section, for 

each vapor balance system by 

conducting a static pressure test on each 

gasoline storage tank as follows: 

(A) According to a test plan submitted 

at least 30 days in advance of the test 

date to the reviewing authority; 

(B) Using California Air Resources 

Board Vapor Recovery Test Procedure 

TP–201.3,—Determination of 2-Inch WC 

Static Pressure Performance of Vapor 

Recovery Systems of Dispensing 

Facilities, adopted April 12, 1996, and 

amended March 17, 1999 (see 40 CFR 

63.14) or Bay Area Air Quality 

Management District Source Test 

Procedure ST–30—Static Pressure 

Integrity Test—Underground Storage 

Tanks, adopted November 30, 1983, and 

amended December 21, 1994 (see 40 

CFR 63.14); and 

(iii) For ASTs subject to 

§ 49.164(e)(1)(ix), the ASTs shall be 

California Air Resources Board certified 

AST for Standing Loss Control per 

Vapor Recovery Test Procedures TP– 

206.1 or TP–206.2. 

(f) List of reviewing authorities, and 

areas of coverage. 

TABLE 1—LIST OF REVIEWING AUTHORITIES, AND AREAS OF COVERAGE

EPA region Address for notification of coverage 

Address for all other notification 

and reports Area covered Phone number 

Region I ............ EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OEP05–2, Boston, MA 02109– 

3912.

EPA New England, 5 Post Office 

Square, Suite 100, Mail Code 

OES04–2, Boston, MA 02109– 

3912.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode 

Island, and Vermont.

888–372–7341 

617–918–1111 

Region II ........... Chief, Air Programs Branch, 

Clean Air and Sustainability Division, EPA Region 2, 290 

Broadway, 25th Floor, New 

York, NY 10007–1866.

Chief, Air Compliance Branch, Division of Enforcement and 

Compliance Assistance, EPA 

Region 2, 290 Broadway, 21st 

Floor, New York, NY 10007– 

1866.

New Jersey, New York, Puerto 

Rico, and Virgin Islands.

877–251–4575 

Region III .......... Office of Permits and Air Toxics, 

3AP10, EPA Region 3, 1650 

Arch Street, Philadelphia, PA 

19103.

Office of Air Enforcement and 

Compliance Assurance, 3AP20, 

EPA Region 3, 1650 Arch 

Street, Philadelphia, PA 19103.

Delaware, District of Columbia, 

Maryland, Pennsylvania, Virginia, and West Virginia.

800–438–2474 

215–814–5000 

Region IV .......... Chief, Air Permits Section, EPA 

Region 4 APTMD, 61 Forsyth 

Street, Atlanta, GA 30303.

Chief, Air & EPCRA Enforcement 

Branch, EPA Region 4 APTMD, 

61 Forsyth Street, SW, Atlanta, 

GA 30303.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.800–241–1754 

404–562–9000 

Region V ........... Air Permits Section, Air Programs 

Branch (AR–18J), EPA Region 

5, 77 West Jackson Blvd, Chicago, IL 60604.

Air Enforcement and Compliance 

Assurance Branch (AE–17J), 

Air and Radiation Division, EPA 

Region 5, 77 West Jackson 

Blvd, Chicago, IL 60604.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.800–621–8431 

312–353–2000 

Region VI .......... Multimedia Planning and Permitting Division, EPA Region 6, 

1445 Ross Avenue (6PD–R), 

Dallas, TX 75202.

Compliance and Enforcement 

Correspondence: Compliance 

Assurance and Enforcement 

Division, EPA Region 6, 1445 

Ross Avenue (6EN), Dallas, TX 

75202.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.800–887–6063 

214–665–2760 

Region VII ......... Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, 

KS 66219.

Chief, Air Permitting & Compliance Branch, EPA Region 7, 

11201 Renner Blvd, Lenexa, 

KS 66219.

Iowa, Kansas, Missouri, and Nebraska.800–223–0425 

913–551–7003 

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25108 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations 

TABLE 1—LIST OF REVIEWING AUTHORITIES, AND AREAS OF COVERAGE—Continued 

EPA region Address for notification of coverage 

Address for all other notification 

and reports Area covered Phone number 

Region VIII ........ U.S. Environmental Protection 

Agency, Region 8, Office of 

Partnerships and Regulatory 

Assistance, Tribal Air Permitting Program, 8P–AR, 1595 

Wynkoop Street, Denver, CO 

80202.

U.S. Environmental Protection 

Agency, Region 8, Office of Enforcement, Compliance & Environmental Justice, Air Toxics 

and Technical Enforcement 

Program, 8ENF–AT, 1595 

Wynkoop Street, Denver, CO 

80202.

Colorado, Montana, North Dakota, South Dakota, Utah, and 

Wyoming.

800–227–8917 

303–312–6312 

Region IX .......... Chief, Permits Office (Air-3), Air 

Division, EPA Region 9, 75 

Hawthorne St, San Francisco, 

CA 94105.

Enforcement Division Director, 

Attn: Air & TRI Section (ENF– 

2–1), EPA Region 9, 75 Hawthorne St, San Francisco, CA 

94105.

American Samoa, Arizona, California, Guam, Hawaii, Navajo 

Nation Nevada, and Northern 

Mariana Islands.

866–EPA–9378 

415–947–8000 

Region X ........... Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Tribal Air Permits Coordinator, 

U.S. EPA, Region 10, AWT– 

150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101.

Alaska, Idaho, Oregon, and 

Washington.

800–424–4372 

206–553–1200 

[FR Doc. 2015–09739 Filed 4–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

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