33266 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part, 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace at 

Umatilla Municipal Airport, Umatilla, 

FL. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment: 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Umatilla, FL [New] 

Umatilla Municipal Airport, FL 

(Lat. 28°55′27′′ N., long. 82°39′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Umatilla Municipal Airport. 

Issued in College Park, Georgia, on: May 

23, 2013. 

Jackson D. Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–13020 Filed 6–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2003–0076; FRL–9818–8] 

RIN 2060–AR25 

Review of New Sources and 

Modifications in Indian Country 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing three 

changes to the New Source Review 

(NSR) program for minor sources and 

minor modifications at major sources in 

Indian country, which we refer to as the 

‘‘Tribal minor NSR program.’’ First, we 

propose to expand the list of emissions 

units and activities that are exempt from 

the Tribal minor NSR program by 

adding several types of low-emitting 

units and activities. Second, we propose 

to more clearly define the term 

‘‘commence construction’’ and add the 

term ‘‘begin construction’’ to better 

reflect the regulatory requirements 

associated with construction activities. 

We believe both of these proposed 

changes would simplify the program, 

resulting in less burdensome 

implementation without detriment to air 

quality in Indian country. Lastly, we are 

reconsidering the advance notification 

period for relocation of a true minor 

source in response to a petition received 

on the final Tribal NSR rule from the 

American Petroleum Institute, the 

Independent Petroleum Association of 

America and America’s Natural Gas 

Alliance. 

DATES: Comments must be received on 

or before August 5, 2013. 

Public Hearing. If anyone contacts us 

requesting to speak at a public hearing 

by June 25, 2013, we will hold a public 

hearing. Additional information about 

the hearing will be published in a 

subsequent Federal Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0076, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ– 

OAR–2003–0076. 

• Fax: (202) 566–9744. 

• Mail: Attention Docket ID No. EPA– 

HQ–OAR–2003–0076, Air and Radiation 

Docket, Mailcode: 28221T, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: Air and Radiation 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Avenue NW., 

Washington, DC 20004, Attention 

Docket ID No. EPA–HQ–OAR–2003– 

0076. Such deliveries are only accepted 

during the Docket Center’s normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0076. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 33267 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. For additional 

instructions on submitting comments, 

go to section I.B of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

technical information, contact Greg 

Nizich, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards (C504–03), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number (919) 541–3078; fax number 

(919) 541–5509; email address: 

nizich.greg@epa.gov. 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–01), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email 

address: long.pam@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this Supplementary 

Information section of this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for the EPA? 

1. Submitting CBI 

2. Tips for Preparing Your Comments 

C. Where can I get a copy of this document 

and other related information? 

D. How can I find information about a 

possible public hearing? 

E. What acronyms, abbreviations and units 

are used in this preamble? 

II. Purpose 

III. Background 

A. What are the general requirements of the 

minor NSR program? 

B. What is the Tribal NSR rule? 

C. What is the status of the NSR air quality 

program in Indian Country? 

IV. Proposed Revisions to the Tribal Minor 

NSR rule 

A. Emissions Units and Activities 

Exempted From the Tribal Minor NSR 

Rule 

B. Defining Construction-Related Activities 

for Permitting Purposes 

C. Advance Notification Time Period for 

Relocation of True Minor Sources 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

VI. Statutory Authority 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

proposed rule include owners and 

operators of emission sources in all 

industry groups located in Indian 

country, the EPA and tribal 

governments that are delegated 

administrative authority to assist the 

EPA with the implementation of these 

federal regulations. Categories and 

entities potentially affected by this 

action are expected to include: 

Category NAICSa Examples of regulated entities 

Industry ....................................................... 21111 Oil and gas production/operations. 

211111 Crude Petroleum and Natural Gas Extraction. 

211112 Natural Gas Liquid Extraction. 

212321 Sand and Gravel Mining. 

22111 Electric power generation. 

221210 Natural Gas Distribution. 

22132 Sewage treatment facilities. 

23899 Sand and shot blasting operations. 

311119 Animal food manufacturing. 

3116 Beef Cattle Complex, Slaughter House and Meat Packing Plant. 

321113 Sawmills. 

321212 Softwood Veneer and Plywood Manufacturing. 

32191 Millwork (wood products manufacturing). 

323110 Printing operations (lithographic). 

324121 Asphalt hot mix. 

3251 Chemical preparation. 

32711 Clay and ceramics operations (kilns). 

32732 Concrete batching plant. 

3279 Fiber glass operations. 

331511 Casting Foundry (Iron). 

3323 Fabricated structural metal. 

332812 Surface coating operations. 

3329 Fabricated metal products. 

33311 Machinery manufacturing. 

33711 Wood kitchen cabinet manufacturing. 

42451 Grain Elevator. 

42471 Gasoline bulk plant. 


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1The Tribal minor NSR rule is a component of 

‘‘Review of New Sources and Modifications in 

Indian Country, Final Rule’’ 76 FR 38747 (July 1, 

2011) (the Tribal minor NSR rule). 

Category NAICSa Examples of regulated entities 

4471 Gasoline station. 

54171 Professional, Scientific, and Technical Services. 

562212 Solid Waste Landfill. 

72112 Other (natural gas-fired boilers).b

811121 Auto body refinishing. 

Federal government ................................... 924110 Administration of Air and Water Resources and Solid Waste Management Programs. 

State/local/tribal government ...................... 924110 Administration of Air and Water Resources and Solid Waste Management Programs. 

a North American Industry Classification System. 

b Used NAICS code designated for casino hotels. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

subject to the Tribal minor NSR 

program, and therefore potentially 

affected by this action. To determine 

whether your facility is affected by this 

action, you should examine the 

applicability criteria in 40 CFR 49.151 

through 49.161 (i.e., the Tribal minor 

NSR rule). If you have any questions 

regarding the applicability of this action 

to a particular entity, contact the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI 

Do not submit this information to the 

EPA through www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD 

ROM that you mail to the EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

Send or deliver information identified 

as CBI only to the following address: 

Roberto Morales, OAQPS Document 

Control Officer (C404–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

Attention: Docket ID No. EPA–HQ– 

OAR–2003–0076. 

2. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule will also be available on 

the World Wide Web. Following 

signature by the EPA Administrator, a 

copy of this proposed rule will be 

posted in the regulations and standards 

section of our NSR Web site, under 

Regulations & Standards, at http:// 

www.epa.gov/nsr. 

D. How can I find information about a 

possible public hearing? 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email 

address: long.pam@epa.gov. 

E. What acronyms, abbreviations and 

units are used in this preamble? 

The following acronyms, 

abbreviations and units are used in this 

preamble: 

BACT Best Available Control Technology 

CAA or Act Clean Air Act 

EPA U.S. Environmental Protection Agency 

FARR Federal Air Rule for Indian 

Reservations 

FIP Federal Implementation Plan 

FR Federal Register 

GHG Greenhouse Gas 

GP General Permit 

HAPs Hazardous Air Pollutants 

ICR Information Collection Request 

LAER Lowest Achievable Emission Rate 

MACT Maximum Achievable Control 

Technology 

MMBTU/hr Million British thermal units 

per hour 

NAAQS National Ambient Air Quality 

Standard 

NESHAP National Emission Standards for 

Hazardous Air Pollutants 

NSPS New Source Performance Standards 

NSR New Source Review 

NOX Nitrogen Oxide 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PSD Prevention of Significant Deterioration 

PTE Potential to Emit 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

SIP State Implementation Plan 

TIP Tribal Implementation Plan 

TSD Technical Support Document 

tpy Tons Per Year 

UMRA Unfunded Mandates Reform Act 

II. Purpose 

The purpose of this rule is to propose 

and seek comment on three revisions to 

the Tribal minor NSR rule 1 that will 

streamline implementation by adding 

more exempted units/activities, 

clarifying language related to 

construction and relocation of true 

minor sources. Specifically, we are 

proposing to add seven categories of 

units/activities that will be listed as 

exempt from the Tribal minor NSR rule 

because their emissions are deemed 

insignificant. Listing these categories 

explicitly will mean that many 

applicants and reviewing authorities 

will not need to calculate potential 

emissions for activities that can be 

deemed insignificant. In the preamble to 

the Tribal minor NSR rule, we 

committed to considering the addition 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 33269 

2The Tribal Authority Rule is comprised of 

Subpart A of 40 CFR part 49, which is titled ‘‘Indian 

Country: Air Quality Planning and Management’’. 3The PSD program is a preconstruction 

permitting program that applies to new major 

stationary sources (major sources) and major 

modifications in areas attaining the NAAQS, 

including attainment areas in Indian country. 4Title V of the Act requires all new and existing 

major sources in the United States to obtain and 

comply with an operating permit that brings 

together all of the source’s applicable requirements 

under the Act. All states, numerous local areas and 

one tribe have approved title V permitting programs 

under the regulations at 40 CFR part 70. The EPA 

implements the part 71 federal program in Indian 

country and other areas that are not covered by an 

approved part 70 program. Currently, one tribe has 

been delegated authority to assist the EPA with 

administration of the federal part 71 program. 

5 40 CFR 49.152 defines ‘‘synthetic minor source’’ 

as a source that otherwise has the potential to emit 

regulated NSR pollutants in amounts that are at or 

above those for major sources in section 49.167, 

section 52.21 or section 71.2 of chapter 40, as 

applicable, but that has taken a restriction so that 

its PTE is less than such amounts for major sources. 

Such restrictions must be enforceable as a practical 

matter. 

6 40 CFR 49.152 defines ‘‘true minor source’’ as 

a source, not including the exempt emissions units 

and activities listed in section 49.153(c), that emits 

or has the potential to emit regulated NSR 

pollutants in amounts that are less than the major 

source thresholds in section 49.167 or section 52.21 

of Chapter 40, as applicable, but equal to or greater 

than the minor NSR thresholds in section 49.153, 

without the need to take an enforceable restriction 

to reduce its PTE to such levels. 

of exempt units/activities to the list in 

that final rule, as requested by 

commenters. This proposed rule fulfills 

that commitment. 

In the Tribal minor NSR rule, the term 

‘‘commence construction’’ is used in 

two different contexts, i.e., the 

provisions governing construction 

prohibition, and also the provisions 

specifying that construction must occur 

within 18 months of the permit effective 

date. In this proposal, we are clarifying 

this distinction by proposing two 

different terms for those situations— 

‘‘begin construction’’ and ‘‘commence 

construction.’’ Accordingly, we are also 

proposing to replace ‘‘commence 

construction’’ with ‘‘begin 

construction,’’ in certain sections of the 

regulatory text for consistency. The 

third proposed revision is 

reconsideration of the 30-day advance 

notice requirement for a true minor 

source prior to relocation. This is in 

response to a request on the final rule 

from the American Petroleum Institute, 

the Independent Petroleum Association 

of America and America’s Natural Gas 

Alliance. 

III. Background 

A. What are the general requirements of 

the minor NSR program? 

Section 110(a)(2)(C) of the Clean Air 

Act (Act) requires that every state 

implementation plan (SIP) include a 

program to regulate the construction 

and modification of stationary sources, 

including a permit program as required 

in parts C and D of title I of the Act, to 

ensure attainment and maintenance of 

the National Ambient Air Quality 

Standards (NAAQS). The permitting 

program for minor sources is addressed 

by section 110(a)(2)(C) of the Act, which 

we commonly refer to as the minor NSR 

program. A minor source means a 

source that has a potential to emit (PTE) 

lower than the major NSR applicability 

threshold for a particular pollutant as 

defined in the applicable nonattainment 

major NSR program or Prevention of 

Significant Deterioration (PSD) program. 

States must develop minor NSR 

programs to attain and maintain the 

NAAQS and the federal requirements 

for state minor NSR programs are 

outlined in 40 CFR 51.160 through 

51.164. These federal requirements for 

minor NSR programs are considerably 

less prescriptive than those for major 

sources and, as a result, there is a larger 

variation of requirements across the 

state minor NSR programs. 

Furthermore, sections 301(a) and 

301(d)(4) of the Act, as implemented 

through the Tribal Authority Rule,2

provide the EPA with a broad degree of 

discretion in developing a program to 

regulate new and modified minor 

sources in Indian country. 

B. What is the Tribal NSR rule? 

The ‘‘Review of New Sources and 

Modifications in Indian country’’ (i.e., 

Tribal NSR rule) final rule was 

published in the Federal Register on 

July 1, 2011 (76 FR 38748), pursuant to 

sections 301(a) and (d) of the Act. This 

rule established a federal 

implementation plan (FIP) for Indian 

country that includes two NSR 

regulations for the protection of air 

resources in Indian country. These two 

new NSR regulations work together with 

the pre-existing PSD program at 40 CFR 

52.21 3 and the title V operating permits 

program at 40 CFR part 71 4 to provide 

a comprehensive permitting program for 

Indian country to ensure that air quality 

in Indian country will be protected in 

the manner intended by the Act. 

One regulation created by the Tribal 

NSR rule, which we call the ‘‘Tribal 

minor NSR rule,’’ applies to new and 

modified minor stationary sources 

(minor sources) and to minor 

modifications at existing major 

stationary sources (major sources) 

throughout Indian country where there 

is no EPA-approved plan in place. The 

second regulation, which we refer to as 

the ‘‘tribal nonattainment major NSR 

rule,’’ applies to new and modified 

major sources in areas of Indian country 

that are designated as not attaining the 

NAAQS (nonattainment areas). Through 

these two regulations, the Tribal NSR 

rule ensures that Indian country will be 

protected in the manner intended by the 

Act by establishing a preconstruction 

permitting program for new or modified 

minor sources, minor modifications at 

major sources, and new major sources 

and major modifications in 

nonattainment areas. 

The Tribal minor NSR rule applies to 

new and modified minor sources and to 

minor modifications at major sources. 

New minor sources with a PTE equal to 

or greater than the minor NSR 

thresholds, or modifications at existing 

minor sources with allowable emissions 

increases equal to or greater than the 

minor NSR thresholds, must apply for 

and obtain a minor NSR permit prior to 

beginning construction of the new 

source or modification. 

Under the nonattainment major NSR 

rule, affected sources are required to 

comply with the provisions of 40 CFR 

part 51, Appendix S. In recent years, 

Appendix S has primarily been used as 

a transitional rule for nonattainment 

major NSR permitting in nonattainment 

areas for which state agencies do not 

have an approved nonattainment major 

NSR program for a particular pollutant 

in their SIPs. Sources subject to the 

nonattainment major NSR rule must 

meet requirements for Lowest 

Achievable Emissions Rate (LAER) 

control technology, emissions offsets 

and compliance certification. 

The effective date of the minor Tribal 

NSR rule was August 30, 2001. To 

facilitate the effective implementation of 

the Tribal minor NSR program, some 

components of the rule were phased in. 

Generally, the applicability of the 

preconstruction permitting rules to new 

synthetic minor sources 5 began on the 

rule’s effective date, August 30, 2011; 

for new or modified true minor 

sources,6 the rules apply beginning the 

earlier of September 2, 2014, or 6 

months after the publication of a final 

general permit for that source category 

in the Federal Register (40 CFR 

49.151(c)(1)(iii)(B)). In addition, existing 

true minor sources in Indian country 

were required to register with their 

reviewing authority by March 1, 2013. 

C. What is the status of the NSR air 

quality program in Indian Country? 

No tribe is currently administering an 

EPA-approved PSD program. Therefore, 

the EPA has been implementing a FIP to 

issue PSD permits for major sources in 


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7This review included minor NSR permitting 

regulations from the State of Colorado and the 

South Coast Air Management District since these 

states/agencies were specifically cited by 

commenters. See Docket ID No. EPA–HQ–OAR– 

2003–0076 for the listing of state regulations 

reviewed. 

8The FARR is a FIP that applies to air pollution 

sources on Indian reservations in Idaho, Oregon and 

attainment areas of Indian country (40 

CFR 52.21). There are also no tribes 

currently administering an EPAapproved nonattainment major NSR 

program, so EPA is the reviewing 

authority under a FIP (40 CFR 49.166 

through 49.175). Only a few tribes are 

administering EPA-approved minor 

NSR programs. Accordingly, EPA 

administers minor NSR programs in 

most areas of Indian country under a 

FIP (40 CFR 49.151 through 49.165). 

Sections 301(d) and 110(o) of the Act 

provide eligible tribes the opportunity 

to develop their own tribal programs 

and we encourage eligible tribes to 

develop their own minor and 

nonattainment major NSR programs, as 

well as a PSD major source program, for 

incorporation into tribal 

implementation plans (TIPs). Tribes 

may use the tribal NSR FIP program as 

a model if they choose to develop their 

own TIPs and seek our approval. 

IV. Proposed Revisions to the Tribal 

Minor NSR Rule 

This section discusses the proposed 

revisions to the Tribal minor NSR rule 

and our rationale for proposing those 

changes. We solicit public comment on 

the changes being proposed and will 

consider those comments in developing 

the final rule. 

A. Emissions Units and Activities 

Exempted From the Tribal Minor NSR 

Rule 

In the Tribal minor NSR rule 

promulgated on July 1, 2011 (76 FR 

38792), we exempted seven emissions 

units/activities from the Tribal minor 

NSR permitting program pursuant to 40 

CFR 49.153(c) because their potential 

emissions are insignificant. Listing 

units/activities with trivial emissions as 

exempt saves permitting resources 

because it eliminates the need for 

applicants or permitting agencies to 

calculate the potential emissions to 

verify they do not exceed minor source 

permitting thresholds. In the preamble 

to that rule, we referred to comments 

received regarding our originally 

proposed list of exempt units/activities 

(i.e., the August 21, 2006, proposed 

rule) and we committed to consider 

additional units/activities for exemption 

from minor NSR permitting, and to 

propose and seek comment on such 

revisions through a separate rulemaking 

(76 FR 38759). This proposal fulfills that 

commitment. 

In the Tribal minor NSR rule 

proposed on August 21, 2006, we listed 

ten categories of units/activities for 

exemption from minor NSR permitting. 

We received eleven comment letters 

concerning the list of exempted units/ 

activities. Many commenters said the 

list should be more extensive, similar to 

state source exemption lists from minor 

NSR permitting. The majority of those 

commenters stated that a longer list of 

exemptions would ‘‘level the playing 

field’’ between sources located in Indian 

country, and those on adjacent lands 

subject to EPA-approved state NSR 

programs, by treating them more 

equitably regarding the types of minor 

sources that would be exempt from 

minor NSR permitting. We considered 

this information in determining whether 

to modify the exemptions list in the 

existing Tribal minor NSR rule and also 

reviewed unit/activity-exemption lists 

from many states that also contain 

Indian country.7

We noted several things from our 

review of state minor source rules that 

apply outside Indian country. One 

observation is that some state 

regulations do not provide any 

minimum NSR pollutant emission 

thresholds below which sources are 

exempt from state minor NSR 

permitting requirements. In those cases, 

any new source or activity not 

specifically exempted by its state rule is 

potentially subject to its minor NSR 

permitting program. By contrast, the 

existing Tribal minor NSR rule already 

contains minor NSR thresholds, thereby 

providing a mechanism for sources to 

avoid being subject to minor source 

permitting without being specifically 

listed for exemption. A second 

observation is that many state minor 

NSR permitting regulations contain 

language specifying that a permitting 

exemption for a specific source-type 

does not apply if that source is subject 

to either the requirements of 40 CFR 

part 60 NSPS, Part 61 National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP), or Part 63 MACT (New 

Source Performance Standards (NSPS), 

NESHAP and MACT programs). By 

including such language in their minor 

source regulations, the states have 

attempted to address any sources that 

may have significant emissions and the 

potential to negatively impact ambient 

air quality. This approach ensures that 

sources that might otherwise be exempt 

from permitting are subject to minor 

NSR permitting. Since the Tribal minor 

NSR rule does not contain similar 

language, we have chosen fewer 

categories than some states, but more 

than others, in the number of sourcetypes exempted. We have taken this 

approach to limit exemptions to fewer 

source types since, without the 

‘‘backstop’’ of the permitting obligation 

tied to sources subject to NSPS, 

NESHAP or MACT programs, we might 

inadvertently exempt non-trivial 

sources, potentially degrading air 

quality in Indian country. 

As a result, we considered a variety of 

source types and are proposing to add 

units/activities to the exemptions list 

that are expected: (1) to have inherent 

emissions significantly less than the 

minor NSR thresholds in 40 CFR 49.153, 

and (2) are expected to be very common 

and sited at many sources such that an 

exemption from needing to calculate 

PTE to determine applicability would 

reduce the burden on these sources. In 

essence, we are seeking to strike a 

balance between ensuring that the 

permitting of minor emission sources is 

consistent with the requirements of the 

Act, and exempting source categories 

where the permitting process adds 

administrative burden but offers no 

significant environmental benefit. We 

believe the sources we propose to add 

to the exempted list have emissions 

below the relevant applicability 

thresholds due to their operational 

nature. See additional discussion below 

in the section titled, ‘‘Information 

Obtained from Source Registration 

under Federal Air Rule for Indian 

Reservations (FARR).’’ 

We note that for determining 

applicability, a source’s emissions are 

based on PTE and are determined on a 

source-wide basis and not an individual 

unit basis. For this reason, when 

considering potential units/activities for 

addition to the exemptions list, which 

are excluded from a source’s PTE 

calculation, we were mindful of the 

possibility that multiple individual 

units/activities, while perhaps 

individually below the Tribal minor 

NSR permitting thresholds, could 

collectively exceed those thresholds 

(e.g., two non-emergency, stationary 

engines at the same facility). For that 

reason we limited the number exempt 

units/activities to minimize 

inadvertently exempting units/activities 

that would exceed minor source 

permitting thresholds based on 

combined potential emissions with 

other exempted units/activities at the 

source. 

Several of the units/activities we are 

proposing to add to the exemptions list 

are currently exempted under the 

FARR’s air pollution source registration 

program under 40 CFR 49.138.8 We 


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Washington. The permitting for Indian country in 

these states is under the oversight of EPA Region 

10. 

believe that adding these same units/ 

activities to the Tribal minor NSR rule’s 

exemption list would provide 

consistency in implementing rules 

affecting similar sources in Indian 

country. We also believe it is 

appropriate to include exemptions 

contained in the FARR because that list 

was developed with the intent of 

exempting both (1) the units/activities 

with de minimis levels of emissions, 

and (2) those for which a registration 

requirement would create an 

unreasonable burden. We are proposing 

to include most units/activities from the 

FARR that we believe have de minimis 

emissions. 

Additional Units/Activities for 

Exemption 

Based on our review of state lists, and 

anticipation of lower source emissions, 

we are proposing to add the following 

units/activities to the exempt units/ 

activities list: 

• Emergency generators, designed 

solely for the purpose of providing 

electrical power during power outages: 

in nonattainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

500; in attainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

1,000. The horsepower thresholds were 

established to ensure that minor NSR 

nitrogen oxide (NOX) thresholds are not 

exceeded using the maximum annual 

run-time of 500 hours per year, based on 

EPA’s PTE guidance. 

• Stationary internal combustion 

engines with a manufacturer’s site-rated 

horsepower of less than 50. 

• Furnaces or boilers used for space 

heating exclusively using gaseous fuel 

with a total maximum heat input (i.e., 

from all units combined) of 10 million 

British thermal units per hour (MMBtu/ 

hr) (5 MMBtu/hr in nonattainment 

areas) or less. Based on our review of 

state regulations, and a determination 

that the NOX emissions threshold of 5 

tons/year would not be exceeded, we 

are proposing a maximum fuel usage 

rate of 10 MMBtu/hr (5 MMBtu/hr in 

nonattainment areas) for these units. 

We are proposing to add the following 

units/activities to the list of sources that 

are exempt from minor NSR permitting: 

• Single family residences and 

residential buildings with four or fewer 

dwelling units. This would typically 

include units such as furnaces and hot 

water heaters. 

• Air conditioning units used for 

human comfort that do not exhaust air 

pollutants to the atmosphere from any 

manufacturing or other industrial 

processes. 

• Forestry and silvicultural activities. 

The FARR defines these as activities 

associated with regeneration, growing, 

and harvesting of trees and timber 

including, but not limited to, preparing 

sites for new stands of trees to be either 

planted or allowed to regenerate 

through natural means, road 

construction and road maintenance, 

fertilization, logging operations, and 

forest management techniques 

employed to enhance the growth of 

stands of trees or timber. They do not 

include milling operations. 

Exemptions for air conditioning units 

and heating units for comfort were 

originally proposed in the August 21, 

2006, Tribal minor NSR proposed rule. 

We did not finalize those exemptions, 

however, because we were uncertain at 

that time how the upcoming greenhouse 

gas (GHG) regulations, then under 

development, would affect GHG 

permitting thresholds and thus how the 

outcome of that process might impact 

those activities. We have now 

completed the GHG Tailoring Rule Step 

3 rulemaking and not lowered GHG 

permitting applicability thresholds. 

Therefore, we believe these units will 

not trigger GHG permitting requirements 

and we are proposing to add the 

exemption for air conditioning units 

(the non-manufacturing/industrial 

process type) and certain units used for 

space heating to the list of exempted 

units and activities in the Tribal minor 

NSR rule. If the EPA lowers GHG 

permitting thresholds in the future, we 

will reevaluate whether these 

exemptions continue to be appropriate. 

Revision to the Existing Exempted 

Units/Activities List 

Lastly, in addition to the proposed 

additions to the exempted units/ 

activities listed above, we are proposing 

to revise the existing exemption criteria 

for food preparation activities currently 

specified in 40 CFR 49.153(c)(3) such 

that the current exemption, limited to 

noncommercial cooking of food, will be 

expanded to include certain types of 

commercial operations. We are 

proposing the same definition that is 

used in the FARR, i.e., an exemption for 

the cooking of food other than 

wholesale businesses that both cook and 

sell cooked food. This proposed revision 

will broaden the current exemption to 

fast food vendors and stand alone 

restaurants and is being added because 

we believe these sources have de 

minimis emissions. 

Information Obtained From Source 

Registration Under FARR 

The FARR, under 40 CFR 49.138, 

requires sources on the covered Indian 

reservations, unless otherwise exempt, 

to register their facility with EPA Region 

10 (i.e., the reviewing authority) each 

year. As part of that registration process, 

the source must submit an estimate of 

its actual emissions (for criteria and 

other specified pollutants). There are 39 

Indian reservations located in Idaho, 

Oregon and Washington covered under 

the FARR. While these 39 reservations 

represent only a portion of Indian 

country nationwide, we believe the 

source-registration information 

collected by EPA Region 10 is useful to 

help inform us regarding the sourcetypes potentially subject to minor 

source permitting (note: the FARR 

requires both minor and major sources 

of NSR pollutants to register). 

For 2011, the most recent registration 

year completed under the FARR, a total 

of 153 sources located within applicable 

Indian reservations have registered. 

Nearly all of the registered sources 

perform activities that are potentially 

covered under one or more EPA air 

rules (i.e., a MACT or NSPS rule) when 

relevant emissions, or other thresholds, 

are met (i.e., they are industrial 

sources). This information suggests that 

the list of exemptions in the FARR is 

effective at screening out and reducing 

unnecessary administrative burden on 

the types of small emission sources we 

intend to exempt from permitting 

through the proposed revisions to the 

list in the Tribal minor NSR rule and 

indicates that a relatively short list of 

exempt units/activities can fulfill our 

objective. Similarly, under the Tribal 

minor NSR rule, units/activities that are 

not exempt from minor NSR permitting 

based on the exemptions list can still 

qualify for an exemption if their 

estimated potential emissions are below 

the thresholds contained in 40 CFR 

49.153. 

B. Defining Construction-Related 

Activities for Permitting Purposes 

Under the Tribal minor NSR 

permitting program, the point at which 

construction begins is critical in two 

instances: 1) For new or modified 

sources that have not obtained a minor 

NSR permit, construction is prohibited 

until a permit is issued; and 2) For new 

or modified sources that have received 

a minor NSR permit, construction must 

begin within 18 months of permit 

issuance for the permit to remain valid. 

In the existing Tribal minor NSR rule, 

the term ‘‘commence construction’’ is 

used for both situations described 


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

10The definition of ‘‘construction’’ under 40 CFR 

52.21(b) for major sources carries with it a lengthy 

history of implementing that term under the major 

source program. The types of sources regulated 

under the major source program are predominantly 

much more complex in nature than those regulated 

under the Tribal minor NSR rule. Therefore, it 

would be inconsistent with our intent to simplify 

implementation for minor sources or minor 

modifications, to refer to the term used in the major 

source program. 

above, i.e., where construction is 

prohibited and also where construction 

must occur within 18 months. In this 

proposal, we are intend to clarify two 

different terms that are relevant for 

these two different situations as follows: 

1. Construction Prohibited Prior to 

Permit Issuance—Definition of ‘‘Begin 

Construction.’’ 

The term ‘‘commence construction’’ is 

used in certain sections of the existing 

Tribal minor NSR rule to indicate that 

construction is prohibited prior to 

obtaining a permit. To make this 

provision of the rule consistent with a 

similar provision of the major NSR rule, 

we are proposing to replace the term 

‘‘commence construction’’ with ‘‘begin 

construction’’ in those cases where the 

rule specifies that a permit is required 

before constructing or modifying a 

source. 

One section of the rule where we are 

proposing to change ‘‘commence 

construction’’ to ‘‘begin construction’’ is 

40 CFR 49.151(c)(1)(iii)(B). In addition 

to this proposed change, we believe the 

regulatory text in this section could be 

clearer in stating our intent to delay the 

implementation date of the minor NSR 

permitting program for true minor 

sources, due to resource constraints, 

until September 2, 2014 9. Therefore, we 

are proposing to revise this section. We 

believe that by moving the date at which 

applicability is triggered to the 

beginning of this section it is clearer 

that true minor sources are not required 

to obtain a permit unless they begin 

construction on or after the date that is 

the earlier of: six months after a final 

general permit for that specific source 

category is published in the Federal 

Register, or September 2, 2014. 

We are also proposing to provide a 

specific definition for ‘‘begin 

construction.’’ The proposed definition 

for ‘‘begin construction’’ is based on the 

definition of ‘‘begin actual 

construction’’ in 40 CFR 52.21 with 

some modifications. One proposed 

modification is a provision clarifying 

that certain preparatory activities are 

not considered to be construction 

activities, and therefore can be 

performed prior to receiving a permit. 

The following proposed list of activities 

is generally consistent with what we 

have historically allowed in our sitespecific determinations, related to 

construction activities, under the major 

NSR program: engineering and design 

planning, geotechnical investigation 

(surface and subsurface explorations), 

clearing, surveying, ordering of 

equipment and materials, storing of 

equipment or setting up temporary 

trailers to house construction 

management or staff and contractor 

personnel. We believe this listing of 

activities will reduce the uncertainty of 

whether an activity constitutes ‘‘begin 

construction’’ under the Tribal minor 

NSR program. 

2. Construction Necessary after Permit 

Issuance—Definition of ‘‘Commence 

Construction.’’ 

The existing Tribal minor NSR rule 

does not define the term ‘‘commence 

construction.’’ Currently, because that 

term is not defined in the Tribal minor 

NSR rule, the definition(s) under 40 

CFR 52.21 (i.e., the PSD program) 

applies. However, while 40 CFR 

52.21(b) defines ‘‘construction 10’’ and 

‘‘commence’’ it does not expressly 

define the term ‘‘commence 

construction.’’ Therefore, we are 

proposing a distinct definition under 

the Tribal minor NSR rule for 

‘‘commence construction’’ that will 

assist in implementing the minor NSR 

provisions. 

The definition being proposed for 

‘‘commence construction’’ for purposes 

of Tribal minor NSR primarily uses 

terminology from the definition of 

‘‘commence’’ under 40 CFR 52.21 that 

applies to major source NSR. However, 

similar to the proposed definition of 

‘‘begin construction,’’ this proposed 

definition also includes the following 

language to clarify the preparatory 

activities that are not considered to be 

within the scope of commencing 

construction: engineering and design 

planning, geotechnical investigation 

(surface and subsurface explorations), 

clearing, surveying, ordering of 

equipment and materials, storing of 

equipment or setting up temporary 

trailers to house construction 

management or staff and contractor 

personnel. The list of activities 

considered to be preparatory, and 

therefore not considered to be 

commencing construction, is included 

to clarify that these activities do not 

count when determining whether the 

source has commenced construction by 

a specified date. In contrast, the 

activities that are substantial, and 

therefore do count toward determining 

that a source has commenced 

construction, are activities such as: 

installation of building supports and 

foundations, paving, laying of 

underground pipe work, construction of 

permanent storage structures, and 

activities of a similar nature. 

C. Advance Notification Time Period for 

Relocation of True Minor Sources 

The Tribal minor NSR rule includes a 

registration program for true minor 

sources. This program was developed to 

improve our understanding of the types, 

and number, of minor sources located in 

Indian country. This program requires, 

under 40 CFR 49.160(c), the owner/ 

operator of true minor sources to 

register their source with their 

reviewing authority. The information 

submitted as part of that registration 

includes the source’s location. If an 

owner/operator plans to move the 

source to another location, that owner/ 

operator is required under 40 CFR 

49.160(d)(1) to submit a notice of 

relocation no later than 30 days prior to 

relocating. Among other reasons, this 

requirement allows us to maintain the 

accuracy of our minor source inventory 

in Indian country. 

We received a letter on November 4, 

2011, from the American Petroleum 

Institute, the Independent Petroleum 

Association of America and America’s 

Natural Gas Alliance (collectively, the 

Petitioners) requesting that we 

reconsider the 30-day advance notice 

provision for registered sources prior to 

relocation. The EPA responded to that 

request in a letter dated December 19, 

2012, from then EPA Administrator Lisa 

Jackson to the Petitioners, where we 

agreed to reconsider the 30-day notice 

requirement. We stated in that 

December 19, 2012, letter that we would 

publish a Federal Register notice to 

address the specific issues for which we 

granted reconsideration and we are 

addressing the 30-day notice issue in 

this proposed rule. 

The Petitioners claim that the 30-day 

period is too long a timeframe for those 

sources where facility operations may 

necessitate a need to relocate 

unexpectedly. The Petitioners also 

stated their understanding that the 

requirement to provide the notice of 

relocation is for informational purposes 

and does not require any approval from 

the reviewing authority. Both of these 

issues are discussed below. 

In response to the 30 day notification 

issue, we looked at both State and 

Federal rules pertaining to source 

relocation. Our review of state rules 

showed a range between 10 and 30 days 

advance notice specified for sources 

prior to relocation. In our major source 

PSD provisions at 52.21(i)(1)(viii)(d), 

addressing portable sources that 

relocate, we require that notice be 


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11The discussion below applies to true minor 

sources only. Synthetic minor sources are less 

likely to relocate, but if they do, we expect their 

permit conditions will address relocation. 

provided to the Administrator no later 

than 10 days prior to the relocation. 

Based on this information we are 

seeking comment on what advance 

notification period between 10 and 30 

days is appropriate under the provisions 

of 40 CFR 49.160(d)(1). 

While we agree with the Petitioners 

statement that there is no requirement 

for advance approval or a permit for 

relocation of a registered source prior to 

September 2, 2014, we are further 

clarifying and requesting comment on 

the permit requirements discussed 

below for sources relocating on or after 

September 2, 2014. 

Source Obligation/Permit Requirements 

for Relocation 

We believe that the types of true 

minor sources that typically relocate are 

‘‘portable sources’’ such as: hot-mix 

asphalt plants, rock crushing operations 

and concrete batch plants. These sourcetypes are designed to move the entire 

source from location to location, and, as 

a result, they are normally issued 

permits containing conditions that 

specify the owner/operator obligations 

prior to relocating. These portable 

sources can be permitted with either a 

site-specific permit or, if appropriate, 

through coverage under a general 

permit. In either case, multiple locations 

can be, and often are, pre-authorized in 

the permit. We also note that any 

general permits we may develop for 

such portable sources may contain 

provisions that would address source 

relocation. If the existing permit for a 

portable source does not contain 

authorization to relocate to a particular 

location, then the source must apply to 

the appropriate reviewing authority for 

a permit revision or new permits, as 

appropriate, to provide coverage for that 

additional location(s) and receive that 

permit before relocating. 

For the relatively infrequent situation 

where a non-portable source is 

relocated, the owner must apply to the 

appropriate reviewing authority for a 

permit that covers the new location. 

It’s important to note that the above 

discussion pertains to relocation of the 

entire minor source. If an owner/ 

operator chooses to relocate one or more 

pieces of equipment or emission units 

associated with a source from one 

source to another, the owner/operator 

would need to work with its reviewing 

authority (at the new location) to 

determine if such a relocation 

constitutes a modification under the 

Tribal minor NSR rule and requires a 

permit. 

Timing of Relocation 

A relocating source can be subject to 

permit requirements depending on the 

date of relocation.11 The three main 

scenarios are as follows: 

• A registered true minor source 

constructed before September 2, 2014, 

that relocates before September 2, 2014, 

is not required to obtain any approval or 

permit prior to the relocation. Such a 

source is, however, required to provide 

advance notification of any planned 

relocation to the reviewing authority in 

accordance with 40 CR 49.160(d)(1). 

• A true minor source constructed 

before September 2, 2014, that relocates 

on or after September 2, 2014, must 

obtain a permit from the appropriate 

reviewing authority prior to relocation if 

the source is subject to the Tribal minor 

NSR rule. 

• A true minor source constructed on 

or after September 2, 2014, must obtain 

a permit for the original location and 

also for any subsequent relocation not 

specifically pre-authorized in the 

original permit. 

To clarify the notification of 

relocation requirements further, we are 

proposing revisions to 40 CFR 

49.160(d)(1) . We propose to replace the 

last two sentences of the existing 

regulatory text, addressing NSR 

permitting obligations, with more 

specific language concerning relocation 

situations. The proposed changes 

specify that a source moving from the 

jurisdiction of one reviewing authority 

to another on or after September 2, 

2014, is required to notify the reviewing 

authority at the existing location and 

submit a permit application to the 

reviewing authority at the new location. 

In the case where the existing and new 

locations both fall within the 

jurisdiction of the same reviewing 

authority, the permit application for the 

new location will fulfill the relocation 

notification requirement. 

As discussed above, we believe 

certain sources will hold permits that 

will contain specific conditions 

addressing requirements for relocation. 

In those cases, the provisions of the 

existing permit shall indicate the 

necessary notification of relocation 

requirements instead of those contained 

in 40 CFR 49.160(d)(1). 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011) because it does not 

result in an impact greater than $100 

million in any one year or raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

proposed rule would not create any new 

requirements under the Tribal minor 

NSR program, but rather would simplify 

minor source registrations and permit 

applications for some sources, 

potentially reducing burden. The Office 

of Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations for the Tribal minor 

NSR program (40 CFR 49.151 through 

49.161) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and has assigned OMB 

control number 2060–0003. The OMB 

control numbers for the EPA’s 

regulations in 40 CFR are listed in 40 

CFR Part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this proposed action on small 

entities, small entity is defined as: (1) A 

small business as defined in the U.S. 

Small Business Administration size 

standards at 13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise that is independently 


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owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed action on small 

entities, I certify that this proposed 

action will not have a significant 

economic impact on a substantial 

number of small entities. In determining 

whether a rule has a significant 

economic impact on a substantial 

number of small entities, the impact of 

concern is any significant adverse 

economic impact on small entities, 

since the primary purpose of the 

regulatory flexibility analysis is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect, on all of the small 

entities subject to the rule. 

The proposed rule would not create 

any new requirements under the Tribal 

minor NSR program, and therefore 

would not impose any additional 

burden on any sources (including small 

entities). The proposed rule would 

simplify minor source registrations and 

reduce the number of permit 

applications for some sources required 

under the existing rule, potentially 

reducing burden for all entities, 

including small entities. We have 

therefore concluded that this proposed 

rule will be neutral or relieve the 

regulatory burden for all affected small 

entities. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This rule does not contain a federal 

mandate that may result in expenditures 

of $100 million or more for state, local 

and tribal governments, in the aggregate, 

or the private sector in any 1 year. The 

proposed rule would not create any new 

requirements under the Tribal minor 

NSR program, but rather would simplify 

minor source registrations and reduce 

the number of permit applications for 

some sources, potentially reducing 

burden. Thus, this rule is not subject to 

the requirements of sections 202 or 205 

of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. As 

noted previously, the effect of the 

proposed rule would be neutral or 

relieve regulatory burden. 

E. Executive Order 13132: Federalism 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This proposed 

rule would revise the Tribal minor NSR 

program, which applies only in Indian 

country, and would not, therefore, affect 

the relationship between the national 

government and the states or the 

distribution of power and 

responsibilities among the various 

levels of government. 

In the spirit of Executive Order 13132 

and consistent with EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicits comment 

on this proposed rule from state and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

The EPA has concluded that this 

proposed rule will have tribal 

implications. However, it will neither 

impose substantial direct compliance 

costs on tribal governments, nor 

preempt tribal law. The proposed rule 

will have tribal implications since it 

would revise the Tribal minor NSR 

program, which applies to both triballyowned and privately-owned sources in 

Indian country. As with the existing 

rule, the revised rule would be 

implemented by the EPA, or a delegate 

tribal agency assisting the EPA with 

administration of the rules, until 

replaced by an EPA-approved tribal 

implementation plan. The effect of the 

proposed rule would be to simplify 

compliance with, and administration of, 

the Tribal minor NSR program, so any 

impact on tribes would be in the form 

of reduced burden and cost. 

The EPA conducted substantial 

outreach and consultation with tribal 

officials and other tribal representatives 

during the development of the Tribal 

minor NSR program, and incorporated 

tribal views throughout the course of 

developing the program. These outreach 

efforts were summarized in section III.D 

of the preamble to the final rule (76 FR 

38753). Regarding this proposal, we 

have presented highlights of the 

proposed changes to tribal 

environmental staff during a conference 

call with the National Tribal Air 

Association on February 28, 2013, and 

asked for comments. Regarding the list 

of exempted units/activities, we 

received a comment letter from one tribe 

during the comment period following 

proposal of the initial Tribal minor NSR 

rule and we considered those comments 

again in developing this proposed rule. 

We plan to offer consultation to the 

tribal governments during the proposed 

rule comment period. 

The EPA specifically solicits 

additional comment on this proposed 

action from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs the EPA to 

provide Congress, through the OMB, 

explanations when the agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

the EPA did not consider the use of any 

voluntary consensus standards. 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 33275 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The proposed rule 

would simplify minor source 

registrations and permit applications for 

some sources under the Tribal minor 

NSR program, but would not relax 

control requirements or result in greater 

emissions under the program. In fact, to 

the extent that the proposed rule might 

result in improved compliance with the 

program, it could result in emissions 

reductions in Indian country, which are 

often home to both minority and lowincome populations. 

K. Determination Under Section 307(d) 

Pursuant to section 307(d)(1)(V) of the 

CAA, the Administrator determines that 

this action is subject to the provisions 

of section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

VI. Statutory Authority 

The statutory authority for this action 

is provided by sections 101, 110, 112, 

114, 116 and 301 of the CAA as 

amended (42 U.S.C. 7401, 7410, 7412, 

7414, 7416 and 7601). 

List of Subjects in 40 CFR Part 49 

Administrative practices and 

procedures, Air pollution control, 

Environmental protection, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: May 23, 2013. 

Bob Perciasepe, 

Acting Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as set forth below. 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart C—[Amended] 

■ 2. Section 49.151 is amended by: 

■ a. Revising paragraph (c)(1)(i)(A); 

■ b. Revising paragraphs (c)(1)(ii)(A) 

and (B); 

■ c. Revising paragraph (c)(1)(iii)(B); 

and 

■ d. Revising paragraph (d)(1). 

The revisions read as follows: 

§ 49.151 Program Overview. 

* * * * * 

(c) * * * 

(1) * * * 

(i) * * * 

(A) If you wish to begin construction 

of a minor modification at an existing 

major source on or after August 30, 

2011, you must obtain a permit 

pursuant to §§ 49.154 and 49.155 (or a 

general permit pursuant to § 49.156, if 

applicable) prior to beginning 

construction. 

* * * * * 

(ii) * * * 

(A) If you wish to begin construction 

of a new synthetic minor source and/or 

a new synthetic minor HAP source or a 

modification at an existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011, 

you must obtain a permit pursuant to 

§ 49.158 prior to beginning construction. 

(B) If your existing synthetic minor 

source and/or synthetic minor HAP 

source was established pursuant to the 

FIPs applicable to the Indian 

reservations in Idaho, Oregon and 

Washington or was established under an 

EPA-approved rule or permit program 

limiting potential to emit, you do not 

need to take any action under this 

program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source, on or after August 30, 

2011. For these modifications, you need 

to obtain a permit pursuant to § 49.158 

prior to beginning construction. 

* * * * * 

(iii) * * * 

(B) If you wish to begin construction 

of a new true minor source or a 

modification at an existing true minor 

source on or after 6 months from the 

date of publication in the Federal 

Register of a final general permit for that 

source category, or September 2, 2014, 

whichever is earlier, you must first 

obtain a permit pursuant to §§ 49.154 

and 49.155 (or a general permit 

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. 

* * * * * 

(d) * * * 

(1) If you begin construction of a new 

source or modification that is subject to 

this program after the applicable date 

specified in paragraph (c) of this section 

without applying for and receiving a 

permit pursuant to this program, you 

will be subject to appropriate 

enforcement action. 

* * * * * 

■ 3. Amend § 49.152 in paragraph (d) 

by adding in alphabetical order the 

definitions for the terms ‘‘Begin 

construction,’’ ‘‘Commence 

construction,’’ and ‘‘Forestry or 

silvicultural activities’’ to read as 

follows: 

§ 49.152 Definitions. 

* * * * * 

(d) * * * 

Begin construction means, in general, 

initiation of physical on-site 

construction activities on an emissions 

unit which are of a permanent nature. 

Such activities include, but are not 

limited to, installation of building 

supports and foundations, laying 

underground pipework and 

construction of permanent storage 

structures. With respect to a change in 

method of operations, this term refers to 

those on-site activities other than 

preparatory activities which mark the 

initiation of the change. The following 

preparatory activities are excluded: 

engineering and design planning, 

geotechnical investigation (surface and 

subsurface explorations), clearing, 

surveying, ordering of equipment and 

materials, storing of equipment or 

setting up temporary trailers to house 

construction management or staff and 

contractor personnel. 

Commence construction means, as 

applied to a new minor stationary 

source or minor modification at an 

existing stationary source subject to this 

subpart, that the owner or operator has 

all necessary preconstruction approvals 

or permits and either has: 

(i) Begun on-site activities including, 

but not limited to, installing building 

supports and foundations, laying 

underground piping or erecting/ 

installing permanent storage structures. 

The following preparatory activities are 

excluded: engineering and design 

planning, geotechnical investigation 

(surface and subsurface explorations), 

clearing, surveying, ordering of 


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33276 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 

equipment and materials, storing of 

equipment or setting up temporary 

trailers to house construction 

management or staff and contractor 

personnel.; or 

(ii) Entered into binding agreements 

or contractual obligations, which cannot 

be cancelled or modified without 

substantial loss to the owner or 

operator, to undertake a program of 

actual construction of the source to be 

completed within a reasonable time. 

* * * * * 

Forestry or silvicultural activities 

means those activities associated with 

regeneration, growing, and harvesting of 

trees and timber including, but not 

limited to, preparing sites for new 

stands of trees to be either planted or 

allowed to regenerate through natural 

means, road construction and road 

maintenance, fertilization, logging 

operations, and forest management 

techniques employed to enhance the 

growth of stands of trees or timber. 

* * * * * 

■ 4. Section 49.153 is amended by: 

■ a. Revising paragraphs (a)(3)(ii) and 

(iii); 

■ b. Revising paragraphs (c) 

introductory text and (c)(3); and 

■ c. Adding paragraphs (c)(8) through 

(13). 

The revisions and additions read as 

follows: 

§ 49.153 Applicability. 

(a) * * * 

(3) * * * 

(ii) If you wish to begin construction 

of a new synthetic minor source and/or 

a new synthetic minor HAP source or a 

modification at an existing synthetic 

minor source and/or synthetic minor 

HAP source, on or after August 30, 

2011, you must obtain a permit 

pursuant to § 49.158 prior to beginning 

construction. 

(iii) If you own or operate a synthetic 

minor source or synthetic minor HAP 

source that was established prior to the 

effective date of this rule (that is, prior 

to August 30, 2011) pursuant to the FIPs 

applicable to the Indian reservations in 

Idaho, Oregon and Washington or under 

an EPA-approved rule or permit 

program limiting potential to emit, you 

do not need to take any action under 

this program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011. 

For these modifications, you need to 

obtain a permit pursuant to § 49.158 

prior to beginning construction. 

* * * * * 

(c) What emissions units and 

activities are exempt from this program? 

At a source that is otherwise subject to 

this program, this program does not 

apply to the following emissions units 

and activities that are listed in 

paragraphs (c)(1) through (13) of this 

section: 

* * * * * 

(3) Cooking of food, except for 

wholesale businesses that both cook and 

sell cooked food. 

* * * * * 

(8) Single family residences and 

residential buildings with four or fewer 

dwelling units. 

(9) Emergency generators, designed 

solely for the purpose of providing 

electrical power during power outages: 

(i) In nonattainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

500; 

(ii) In attainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

1,000. 

(10) Stationary internal combustion 

engines with a manufacturer’s site-rated 

horsepower of less than 50. 

(11) Furnaces or boilers used for space 

heating that exclusively use gaseous 

fuel, with a total maximum heat input 

(i.e., from all units combined) of: 

(i) In nonattainment areas, 5 million 

British thermal units per hour (MMBtu/ 

hr) or less; 

(ii) In attainment areas, 10 MMBtu/hr 

or less. 

(12) Air conditioning units used for 

human comfort that do not exhaust air 

pollutants in the atmosphere from any 

manufacturing or other industrial 

processes. 

(13) Forestry and silvicultural 

activities. 

* * * * * 

■ 5. Section 49.158 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 49.158 Synthetic minor source permits. 

* * * * * 

(c) * * * 

(1) If your existing synthetic minor 

source and/or synthetic minor HAP 

source was established pursuant to the 

FIPs applicable to the Indian 

reservations in Idaho, Oregon and 

Washington or was established under an 

EPA-approved rule or permit program 

limiting potential to emit, you do not 

need to take any action under this 

program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011. 

For these modifications, you need to 

obtain a permit pursuant to § 49.158 

before you begin construction. 

* * * * * 

■ 6. Section 49.160 is amended by 

revising paragraph (d)(1) to read as 

follows: 

§ 49.160 Registration program for minor 

sources in Indian country. 

* * * * * 

(d) * * * 

(1) Report of relocation. After your 

source has been registered, you must 

report any relocation of your source to 

the reviewing authority in writing no 

later than 30 days prior to the relocation 

of the source. Unless otherwise 

specified in an existing permit, a report 

of relocation shall be provided as 

specified in paragraph (d)(1)(i) or (ii) of 

this section, as applicable. In either 

case, the permit application for the new 

location satisfies the report of relocation 

requirement. 

(i) Where the relocation results in a 

change in the reviewing authority for 

your source, you must submit a report 

of relocation to the current reviewing 

authority and a permit application to 

the new reviewing authority. 

(ii) Where the reviewing authority 

remains the same, a report of relocation 

is fulfilled through the permit 

application for the new location. 

* * * * * 

[FR Doc. 2013–13057 Filed 6–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9818–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Omaha Lead Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete the 1,154 

parcels (of the Omaha Lead Superfund 

Site (Site) located in the eastern part of 

the city of Omaha, Nebraska, from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Nebraska, through the 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS