
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70944-70966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23178]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Christopher Stoneman, Outreach and 
Information Division, Office of Air Quality Planning and Standards, (C-
304-03), Environmental Protection Agency, Research Triangle Park, North 
Carolina, 27711, telephone number (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 Minor New Source Review Program in Indian Country
    B. General Permits and Permits by Rule for the Federal Minor New 
Source Review Program in Indian Country--Proposed Rule
IV. Final Rulemaking Action
    A. Permitting Documents and Implementation Tools
    B. Issues Concerning Aspects of Finalizing a General Permit/
Permit by Rule for Graphic Arts and Printing Operations
    C. Proposed Rule Change to the Federal Indian Country Minor New 
Source Review Rule in One Area: Shortening the General Permit 
Application Review Process From 90 to 45 Days for Graphic Arts and 
Printing Operations
    D. Control Technology Review
    E. Setback Requirements
    F. Requirements Relating to Threatened or Endangered Species and 
Historic Properties
    G. Use of Throughput Limits and Capacity Limits
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

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

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

[[Page 70945]]

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

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

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final rule is posted on the tribal minor NSR home page at https://www.epa.gov/tribal-air/tribal-minor-new-source-review.

II. Overview of the Final Rule

    In July 2011, the EPA issued the Federal Minor NSR Program in 
Indian Country rule \1\ that established, among other things, the 
requirements and process for the preconstruction permitting of minor 
sources in Indian country. Under the rule, on or after 3 years from the 
effective date of the Federal Indian Country Minor NSR rule (September 
2, 2014), an owner or operator must obtain a preconstruction permit 
from the Reviewing Authority,\2\ if the owner or operator intends to 
construct a new true minor source \3\ or modify an existing true minor 
source in Indian country. The rule also specifies the process and 
requirements for using general permits as a streamlined permitting 
approach to authorize construction and modification of true minor 
sources. General permits streamline the preconstruction permitting of 
new or modified true minor sources because they involve the issuance of 
one permit that can apply to multiple stationary sources that have 
similar emissions units.
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    \1\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July 
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
    \2\ In this document, Reviewing Authority refers to an EPA 
Regional office. However, tribes can become reviewing authorities if 
they decide to assist the EPA with implementing the minor NSR 
program in their area through a delegation agreement.
    \3\ True minor source means a source that emits, or has the 
potential to emit, regulated NSR pollutants in amounts that are less 
than the major source thresholds under either the Prevention of 
Significant Deterioration (PSD) program at 40 CFR 52.21, or the 
Major NSR program for Nonattainment Areas in Indian Country at 40 
CFR 49.166-49.173, but equal to or greater than the minor NSR 
thresholds in 40 CFR 49.153, without the need to take an enforceable 
restriction to reduce its Potential to Emit (PTE) to such levels. 
The PTE includes fugitive emissions, to the extent that they are 
quantifiable, only if the source belongs to one of the 28 source 
categories listed in part 51, appendix S, paragraph II.A.4(iii) or 
40 CFR 52.21(b)(1)(iii), as applicable.
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    In this action, the EPA is finalizing general permits for the 
following six source categories for the permitting of affected 
emissions units and emissions-generating activities: concrete batch 
plants; boilers and emergency engines; stationary spark ignition 
engines; stationary compression ignition engines; graphic arts and 
printing operations; and sawmill facilities. We are providing the 
following implementation documents and tools for all of the permits we 
are finalizing today: questionnaires; instructions; potential to emit 
(PTE) calculators; background documents; and Request for Coverage Forms 
(applications). For all of these permits, the implementation tools and 
documents are available at either: https://www.epa.gov/tribal-air/tribal-minor-new-source-review or Docket ID No. EPA-HQ-OAR-2011-0151.
    Five prior actions are also relevant to this action. First, in a 
final rulemaking signed May 22, 2014, and published June 16, 2014,\4\ 
the EPA amended the

[[Page 70946]]

Federal Minor New Source Review Program in Indian Country rule by 
finalizing the following three actions:
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    \4\ ``Review of New Sources and Modifications in Indian Country 
Amendments to the Registration and Permitting Deadlines for True 
Minor Sources,'' U.S. Environmental Protection Agency, 79 FR 34231, 
June 16, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf.
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    1. Extending the minor NSR permitting deadline for true minor 
sources in the oil and natural gas sector located, or planning to 
locate, in Indian country (Sec.  49.151(c)(1)(iii)(B));
    2. Adjusting the registration deadline to conform to the extended 
permitting deadline for true minor sources in the oil and natural gas 
sector (Sec. Sec.  49.151(c)(1)(iii)(A) and 49.160(c)(1)(ii) and 
(iii)); and
    3. Eliminating a requirement for all true minor sources that begin 
construction before September 2, 2014, and are eligible to construct 
pursuant to a general permit, to obtain a minor NSR permit 6 months 
after the EPA publishes the relevant general permit. No general permits 
had been finalized by the date 6 months prior to September 2, 2014, so 
the provision was moot (Sec.  49.151(c)(1)(iii)(B)).
    Second, on May 1, 2015, the EPA published a final rule, ``General 
Permits and Permits by Rule for the Federal Minor New Source Review 
Program in Indian Country for Five Source Categories,'' to simplify the 
Clean Air Act (CAA) permitting process for certain smaller sources of 
air pollution commonly found in Indian country.\5\ In the action, the 
EPA finalized general permits for use in Indian country for new or 
modified minor sources in the following two source categories: hot mix 
asphalt plants and stone quarrying, crushing and screening facilities. 
The EPA also finalized permits by rule for use in Indian country for 
new or modified minor sources in three source categories: auto body 
repair and miscellaneous surface coating operations; gasoline 
dispensing facilities; and petroleum dry cleaning facilities. The EPA 
also took final action authorizing the use of general permits 
established under the program to create synthetic minor sources.
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    \5\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country for Five Source 
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May 
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/FR-2015-05-01-FrontMatter.pdf.
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    Third, on September 18, 2015, the EPA proposed a federal 
implementation plan (FIP) \6\ that would apply to new true minor 
sources and minor modifications at existing true minor sources in the 
production segment of the oil and natural gas sector that are locating 
or expanding in Indian reservations or in other areas of Indian country 
over which an Indian tribe, or the EPA, has demonstrated the tribe's 
jurisdiction. The FIP was proposed to satisfy the minor source 
permitting requirement under the Federal Indian Country Minor NSR rule.
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    \6\ ``Review of New Sources and Modifications in Indian Country: 
Federal Implementation Plan for Managing Air Emissions from True 
Minor Sources Engaged in Oil and Natural Gas Production in Indian 
Country,'' U.S. Environmental Protection Agency, 81 FR 56554, 
September 18, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.
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    Fourth, on February 24, 2016, we finalized three amendments to the 
Federal Indian Country Minor NSR rule that we proposed in our September 
18, 2015, proposal, along with the FIP:
    1. We revised the deadline under Sec.  49.151(c)(1)(iii)(B) by 
which new and modified true minor sources in the oil and natural gas 
sector that are located in (or planning to locate in) reservation areas 
of Indian country or other areas of Indian country for which tribal 
jurisdiction has been demonstrated must obtain a minor NSR permit prior 
to beginning construction. We extended the deadline from March 2, 2016, 
to October 3, 2016, for all new and modified true minor sources within 
the oil and natural gas sector located in Indian country.
    2. We revised Sec.  49.151(c)(1)(iii)(A) to conform the 
registration deadline to the extended permitting deadline in Sec.  
49.151(c)(1)(iii)(B).
    3. We revised Sec.  49.160(c)(1)(ii) to conform the registration 
deadline to the extended permitting deadline in Sec.  
49.151(c)(1)(iii)(B).
    Finally, on June 3, 2016, the EPA published the final FIP for true 
minor sources in the oil and natural gas sector (and associated 
amendments to the Federal Indian Country Minor NSR rule).\7\ The final 
FIP applies to the true minor sources in Indian country engaged in the 
oil and natural gas production and natural gas processing segments of 
the oil and natural gas sector.
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    \7\ ``Federal Implementation Plan for True Minor Sources in 
Indian Country in the Oil and Natural Gas Production and Natural Gas 
Processing Segments of the Oil and Natural Gas Sector; Amendments to 
the Federal Minor New Source Review Program in Indian Country to 
Address Requirements for True Minor Sources in the Oil and Natural 
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944, 
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
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III. Background

A. Federal Minor New Source Review Program in Indian Country

1. What is the Federal Indian Country minor NSR rule?
    On August 21, 2006, the EPA proposed the regulation: ``Review of 
New Sources and Modifications in Indian Country'' (i.e., Indian Country 
NSR rule).\8\ Within this regulation, the EPA proposed to protect air 
quality in Indian country by establishing a FIP program to regulate the 
modification and construction of minor stationary sources consistent 
with the requirements of section 110(a)(2)(c) of the CAA. (The proposal 
also included a major source NSR program for areas of Indian country 
designated as nonattainment.) The minor source part of the program is 
officially titled Federal Minor New Source Review Program in Indian 
Country, but we generally refer to it as the Federal Indian Country 
Minor NSR rule. Under the Federal Indian Country Minor NSR rule, we 
proposed to fill a regulatory gap and to provide a mechanism for 
issuing preconstruction permits for the construction of new minor 
sources and minor modifications at major and minor sources in Indian 
country. We promulgated final rules on July 1, 2011,\9\ and the FIP 
became effective on August 30, 2011.
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    \8\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, 71 FR 48696, August 
21, 2006, https://www.gpo.gov/fdsys/pkg/FR-2006-08-21/html/06-6926.htm.
    \9\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July 
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
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    The Federal Indian Country Minor NSR rule applies to new and 
modified minor stationary sources and to minor modifications at 
existing major stationary sources located in Indian country \10\ where 
there is no EPA-

[[Page 70947]]

approved program in place. Beginning September 2, 2014, any new 
stationary sources that will emit, or will have the potential to emit, 
a regulated NSR pollutant in amounts that will be: (1) Equal to or 
greater than the minor NSR thresholds established in the Federal Indian 
Country Minor NSR rule; and (2) less than the amount that would qualify 
the source as a major source or a major modification for purposes of 
the PSD Program or nonattainment major NSR, must apply for and obtain a 
minor NSR permit before beginning construction of the new source.
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    \10\ The Federal Indian Country Minor NSR rule defines ``Indian 
country'' to include three categories of lands consistent with 18 
U.S.C. 1151, i.e., Indian reservations, dependent Indian 
communities, and Indian allotments. The U.S. Court of Appeals for 
the District of Columbia Circuit vacated the rule with respect to 
non-reservation areas of Indian country (i.e., dependent Indian 
communities and Indian allotments) (Oklahoma Dept. of Environmental 
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The court held that 
the state, not tribes or the EPA, has initial primary responsibility 
for implementation plans under CAA section 110 in non-reservation 
areas of Indian country in the absence of a demonstration of tribal 
jurisdiction by the EPA or a tribe. The rule, therefore, does not 
apply in non-reservation areas of Indian country unless a tribe or 
the EPA has demonstrated that a tribe has jurisdiction in a 
particular non-reservation area of Indian country.
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    Likewise, any existing stationary source (minor or major) must 
apply for and obtain a minor NSR permit before beginning construction 
of a physical or operational change that will increase the allowable 
emissions of the stationary source by more than the specified minor 
source threshold amounts, if the change does not otherwise trigger the 
permitting requirements of the PSD or nonattainment major NSR 
program(s).\11\
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    \11\ A source may, however, be subject to certain monitoring, 
recordkeeping and reporting (MRR) requirements under the major NSR 
programs, if the change has a reasonable possibility of resulting in 
a major modification. A source may be subject to both the Federal 
Indian Country Minor NSR Program and the ``reasonable possibility'' 
MRR requirements of the major NSR program(s).
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    Among other things, the Federal Indian Country Minor NSR rule 
created a framework for the EPA to streamline the issuance of 
preconstruction permits to true minor sources by using general permits.
2. What is a true minor source and how does it differ from a synthetic 
minor source?
    ``True minor source'' under the Federal Indian Country Minor NSR 
rule means a source that emits, or has the PTE, regulated NSR 
pollutants in amounts that are less than the major source thresholds 
under either the PSD Program at 40 CFR 52.21, or the Major NSR Program 
for Nonattainment Areas in Indian Country at 40 CFR 49.166-49.173, but 
equal to or greater than the minor NSR thresholds in Sec.  49.153, 
without the need to take an enforceable restriction to reduce its PTE 
to such levels. A source's PTE includes fugitive emissions, to the 
extent that they are quantifiable, only if the source belongs to one of 
the 28 source categories listed in part 51, appendix S, paragraph 
II.A.4(iii) or Sec.  52.21(b)(1)(iii) of 40 CFR, as applicable. By 
contrast, ``synthetic minor source'' means a source that otherwise has 
the PTE regulated NSR pollutants in amounts that are at or above those 
for major sources, but that has taken a restriction so that its PTE is 
less than such amounts. Such restrictions must be enforceable as a 
legal and practical matter.
3. What is a general permit?
    The Federal Indian Country Minor NSR rule specifies the process and 
requirements for using general permits to authorize construction and 
modifications at true minor sources as a streamlined permitting 
approach. A general permit, for purposes of this action, is a permit 
document that contains standardized requirements that multiple 
stationary sources can use. The EPA may issue a general permit for 
categories of emissions units or stationary sources that are similar in 
nature, have substantially similar emissions, and would be subject to 
the same or substantially similar permit requirements.\12\ ``Similar in 
nature'' refers to size, processes, and operating conditions. The 
purpose of a general permit is to provide for protection of air 
quality, while simplifying the permitting process for similar minor 
sources. General permits offer a cost-effective means of issuing 
permits and provide a quicker and simpler mechanism for permitting 
minor sources than the source-specific permitting process.
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    \12\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, 76 FR 38770, July 
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
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    While the final Federal Indian Country Minor NSR rule contemplated 
issuance of general permits by the EPA Regional offices, we have 
determined, for the permits we are finalizing here, that a nationwide 
action is appropriate. Through this action, we are finalizing general 
permits to serve as preconstruction permit authorizations that contain 
emission limitations and other restrictions to govern how specified 
sources construct, modify and operate.

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

1. What was in the proposed rule?
    On July 17, 2014, the EPA published a proposed rule, ``General 
Permits and Permits by Rule for the Federal Minor New Source Review 
Program in Indian Country,'' to simplify the CAA permitting process for 
certain smaller sources of air pollution commonly found in Indian 
country.\13\ The proposed action was intended to facilitate the 
implementation of the Federal Indian Country Minor Source NSR rule 
issued by the EPA in July 2011 in a manner that minimized the 
administrative and time burden associated with the permitting process, 
while at the same time adequately protecting air quality in Indian 
country.
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    \13\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country,'' U.S. Environmental 
Protection Agency, 79 FR 41846, July 17, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-07-17/pdf/2014-16814.pdf.
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    As its preferred approach, the EPA made available draft general 
permits for use in Indian country pursuant to the Federal Indian 
Country Minor NSR rule for new or modified true minor sources in the 
following six source categories: Concrete batch plants; boilers; 
stationary spark ignition engines; stationary compression ignition 
engines; graphic arts and printing operations; and sawmill facilities. 
In the alternative, the EPA also proposed a permit by rule for use in 
Indian country for new or modified true minor sources in one of the six 
source categories: graphic arts and printing operations.
    We requested comment on the following areas:
    1. All aspects of the permit documents and implementation tools for 
the six source categories:
     Concrete batch plants;
     Boilers; \14\
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    \14\ In the proposal for this action (79 FR 41846, July 17, 
2014), the title for the source category for boilers did not include 
emergency engines; in this final rule, we are adding emergency 
engines to the source category title so that it encompasses boilers 
and emergency engines.
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     Stationary spark ignition engines;
     Stationary compression ignition engines;
     Graphic arts and printing operations; and
     Sawmill facilities;
    2. The appropriateness of using a streamlined general permit/permit 
by rule application for one source category: graphic arts and printing 
operations;
    3. Various aspects of the EPA's conclusion on its control 
technology review that the measures in the draft/proposed permits are 
technically and economically feasible and cost effective because they 
are currently used by similar sources in other areas of the country;
    4. Setback requirements, which are provisions related to the 
location of the emitting activities and the source property boundary 
and certain nearby structures;
    5. The process for sources to address threatened or endangered 
species and historic properties with respect to the six categories in 
the proposal;
    6. Use of throughput limits and capacity limits as surrogates for 
tons per

[[Page 70948]]

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

IV. Final Rulemaking Action

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

A. Permitting Documents and Implementation Tools

1. Proposed Rule
    As our preferred approach, the EPA made available draft general 
permits for use in Indian country pursuant to the Federal Indian 
Country Minor NSR rule for new or modified minor sources in the 
following six source categories: Concrete batch plants; boilers; 
stationary spark ignition engines; stationary compression ignition 
engines; graphic arts and printing operations; and sawmill facilities. 
In the alternative, we also proposed a permit by rule for use in Indian 
country for new or modified minor sources in the graphic arts and 
printing operations source category. Overall, we sought comment on all 
aspects of the permit documents and implementation tools for these 
source categories. Specifically, Section VI of the July 17, 2014, 
proposal provided a summary of the specific terms and conditions of the 
general permits and indicated specific areas where we requested 
comment.
2. Summary of Comments, Responses and Final Action
    The following sections provide an abbreviated summary of changes to 
the implementation tools, as well as significant comments on the draft 
general permits for the six source categories in this final rule and 
our responses. Detailed responses to the comments on the permits and 
related tools and documents are addressed in the RTC Document. In our 
final action, based on comments, we have made substantive changes to 
the terms and conditions of all of the draft permits and the related 
implementation tools in several areas, including the following: setback 
requirements; throughput limits; various control requirements; and 
enhancements and clarifications to the implementation tools.
a. Overview of Changes to Permits and Implementation Tools
    In direct response to public comments (and upon further review), we 
are revising the draft general permits and implementation tools in many 
areas, including as follows:
    (1) Expanding the scope of the draft boilers general permit to 
include emergency engines so that the final general permit is titled: 
``General Air Quality Permit for New or Modified Minor Source Boilers 
and Emergency Engines in Indian Country'';
    (2) Removing emissions limitations for emergency engines from the 
general permits for the following three source categories: Sawmill 
facilities, graphic arts and printing operations and concrete batch 
plants, as discussed below with respect to the final engines general 
permits (we did so because we expect that emergency engines that are 
not located at sources covered by a general permit or permit by rule 
that we have already developed, and that are not otherwise exempt 
consistent with Sec.  49.153 of the Federal Indian Country Minor NSR 
rule,\15\ will be located at a source with one or more boilers and, 
thus, will be covered by the ``General Air Quality Permit for New or 
Modified Minor Source Boilers and Emergency Engines in Indian 
Country'');
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    \15\ Under 40 CFR 49.153(c)(9), emergency generator engines at a 
single source are ``exempt'' if the combined maximum horsepower (hp) 
rating of all emergency generator engines is below 1,000 hp in 
attainment areas or 500 hp in ozone nonattainment areas classified 
as Serious or lower. If your source consists of only exempt 
equipment, then you are not required to obtain a minor NSR permit.
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    (3) Recalculating maximum capacity ratings for certain boilers in 
the final ``General Air Quality Permit for New or Modified Boilers and 
Emergency Engines in Indian Country'' based on non-greenhouse gas (GHG) 
pollutants (e.g., nitrogen oxides (NOX)) to reflect the 
change in GHG permitting requirements resulting from the U.S. Supreme 
Court's June 23, 2014, ruling \16\ and to ensure minor source status 
for eligible sources;
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    \16\ In setting the permitting capacity limits in the draft 
boilers general permit, the ``controlling'' regulated pollutant 
considered in our evaluation was GHGs. This pollutant was regarded 
as primarily a factor for units emitting higher levels of carbon 
dioxide (CO2), a GHG. Therefore, the draft maximum 
capacity ratings for certain size boilers were set for GHGs at 
levels sufficiently low to keep eligible sources below the major 
source permitting threshold of 100,000 tpy of CO2 
equivalent. On June 23, 2014, the U.S. Supreme Court ruled that 
sources are no longer required to obtain a PSD permit solely based 
on their GHG emissions. This means that a source must trigger the 
major source PSD permitting requirements for non-GHG pollutants, 
either as a newly constructed source or as a modification at a major 
source, in order to be subject to NSR Best Available Control 
Technology (BACT) review for GHGs. Therefore, the minor sources 
covered under the final ``General Air Quality Permit for New or 
Modified Minor Source Boilers and Emergency Engines in Indian 
Country'' can be required to obtain a permit based only on their 
emissions of non-GHG pollutants.
---------------------------------------------------------------------------

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

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

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

[[Page 70949]]

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

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

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

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

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

[[Page 70950]]

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

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

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

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

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

[[Page 70951]]

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

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

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

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

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

[[Page 70952]]

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

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

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

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

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

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

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

[[Page 70953]]

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

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

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

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

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

[[Page 70954]]

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

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

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

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

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

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

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

[[Page 70955]]

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

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

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

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

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

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

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

[[Page 70956]]

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

[[Page 70957]]

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

[[Page 70958]]

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

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

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

[[Page 70959]]

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

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

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

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

1. Proposed Rule
    In the July 17, 2014, proposed rule, we proposed two types of minor 
NSR preconstruction permits to help streamline permitting of true minor 
sources that construct or modify in Indian country and that belong to 
one of six additional source categories. The first type of permit is a 
general permit and the second type is a permit by rule. As our 
preferred approach, we made available draft general permits for the six 
source categories. As an alternative, for graphic arts and printing 
operations, we requested comment on whether, in lieu of establishing a 
general permit for the source category, we should instead adopt a 
permit by rule.
    We requested comment on all aspects of a draft general permit or 
proposed permit by rule for graphic arts and printing operations. We 
noted that we might not finalize the draft general permit for graphic 
arts and printing operations, if we finalized a permit by rule for the 
source category. Alternatively, we indicated that we might opt to 
finalize both permitting mechanisms for the source category, and might 
tailor one of the permitting mechanisms to provide authorization to 
construct or modify true minor sources (i.e., permit by rule) and 
another to provide enforceable limitations to create synthetic minor 
sources (i.e., general permit). We specifically requested comment on 
this ``hybrid'' approach.
    In the proposal, we sought comments on all aspects of the draft 
implementation tools we provided (e.g., general permit Request for 
Coverage Form). The draft general permit application for graphic arts 
and printing operations is more streamlined because sources in the 
category represent more straightforward operations, largely involve one 
air pollutant (i.e., VOCs) and, therefore, could necessitate less 
intensive review for approval. The draft general permit application 
form for the category asks for basic solvent usage information and 
whether the source has complied or will comply with relevant 
requirements. By contrast, the draft general permit applications for 
concrete batch plants, engines, boilers and sawmill facilities request 
more detailed technical information about the proposed facility in 
question because these facilities are more complex and can involve 
multiple operations and pollutants. The draft form was also intended to 
serve as a Notification of Coverage Form for sources seeking coverage 
under a permit by rule, should we have decided to issue one for this 
category.
2. Summary of Comments, Responses and Final Action
    With respect to comments on the appropriateness of utilizing a 
permit by rule for graphic arts and printing operations, responses are 
addressed here and in Section 2.0 of the RTC Document. Overall, as a 
result of the comments received on the proposal and

[[Page 70960]]

our continued evaluation of the circumstances, we are issuing only a 
general permit for graphic arts and printing operations. Three 
commenters provided comments regarding the EPA's proposal to establish 
a permit by rule for graphic arts and printing operations. One 
commenter agreed that the approach could provide significant time 
savings due to its streamlined approach. However, two commenters were 
concerned that a permit by rule approach does not provide the public, 
including Indian tribes, the opportunity to comment on a minor source's 
use of the permit. Another commenter disagreed that a permit by rule is 
consistent with the Federal Indian Country Minor NSR rule, which 
requires preconstruction permits. The commenter asserted that use of a 
permit by rule would effectively mean that sources exceeding the minor 
source permit threshold are effectively exempt from permitting. One 
commenter argued that the use of a permit by rule on tribal lands is 
not appropriate for either true minor or synthetic minor sources. Two 
commenters requested that the EPA provide either a notice and comment 
period or a consultation process for tribes for the permit by rule 
approach, citing that tribes must be given an opportunity to comment to 
recognize their sovereignty. For these reasons, the commenters 
supported only a general permit approach.
    The EPA is not finalizing a permit by rule, either in lieu of or in 
conjunction with a general permit, for the graphic arts and printing 
operations source category for two reasons. First, many sources in this 
source category are major sources and require synthetic minor source 
permits in order to gain minor source status. While some of these 
sources may be true minor sources, the potential variation in size of 
individual sources warrants including a mechanism for creating 
synthetic minor sources. The permit by rule is not a mechanism that can 
be used to create synthetic minor sources; the general permit is a 
mechanism that can create synthetic minor sources, as it affords the 
opportunity for the Reviewing Authority to perform a review. The EPA 
established this approach when we finalized the first set of general 
permits and permits by rule in May 2015.\46\ Thus, a general permit is 
more appropriate for this source category. Second, we agree with 
commenters that the permit by rule approach does not provide the 
public, including Indian tribes, the opportunity to comment about a 
minor source's use of the permit. We are, therefore, finalizing a 
general permit for this source category, which is an approach that 
affords the public an opportunity to object to a source gaining 
coverage under the permit pursuant to 40 CFR 49.157(a)(5).
---------------------------------------------------------------------------

    \46\ ``General Permits and Permits by Rule for the Federal Minor 
New Source Review Program in Indian Country for Five Source 
Categories,'' U.S. Environmental Protection Agency, 80 FR 25068, May 
1, 2015, https://www.gpo.gov/fdsys/pkg/FR-2015-05-01/pdf/2015-09739.pdf.
---------------------------------------------------------------------------

    The EPA disagrees with the commenter that the use of permits by 
rule effectively means that sources exceeding the minor source permit 
threshold are exempt from a permit. We also disagree that the permits 
by rule are not consistent with the concept of preconstruction permits 
in the Federal Indian Country Minor NSR rule. A permit by rule 
establishes a standard set of requirements that must be met by any 
source commencing construction in reliance on that permit and, thus, 
serves the same purpose as any other preconstruction permit. The 
primary difference between a permit by rule and a general permit is 
procedural, not substantive. As to consistency with the concept of 
preconstruction permits in the Federal Indian Country Minor NSR rule, 
the rule specifically authorizes the issuance of the general permits 
and the permits by rule we have issued thus far.\47\
---------------------------------------------------------------------------

    \47\ Ibid.
---------------------------------------------------------------------------

    With respect to comments on finalizing both permitting mechanisms 
for graphic arts and printing operations, we include responses here and 
in Section 7.0 of the RTC Document. As noted, we have decided to 
finalize only a general permit for graphic arts and printing 
operations, rather than to make both permit types available for the 
graphic arts and printing operations source category. We are not 
finalizing the proposed ``hybrid'' approach for graphic arts and 
printing operations because the EPA does not believe that sources in 
the source category are appropriate candidates for permits by rule, 
particularly since some of them may be major sources seeking synthetic 
minor status. Furthermore, we believe that having two permit types 
would add additional complication to administration of the rule with 
little, if any, apparent benefit. We are not adopting such a hybrid 
approach.
    Finally, the EPA did not receive any comments on the issue of using 
a streamlined general permit/permit by rule application for graphic 
arts and printing operations. However, because this permit will serve 
as a general permit for true minor and synthetic minor sources, we are 
enhancing the application to request additional details about equipment 
present at the site. Since applicant sources could potentially be major 
sources seeking minor source status, we need to ensure that we have 
sufficient information to be able to make an approval review decision.

C. Proposed Rule Change to the Federal Indian Country Minor New Source 
Review Rule in One Area: Shortening the General Permit Application 
Review Process From 90 to 45 Days for Graphic Arts and Printing 
Operations

1. Proposed Rule
    In the July 17, 2014, proposed rule, we proposed to change the 
Federal Indian Country Minor NSR rule at 40 CFR 49.156(e)(4) to shorten 
the general permit application review process from 90 to 45 days for 
one source category: Graphic arts and printing operations.
2. Summary of Comments, Responses and Final Action
    This section provides a brief summary of other significant comments 
received and our responses. A full summary of the comments received on 
this subject and our responses are presented in Section 8.0 of the RTC 
Document.
    Two commenters supported the proposal to amend 40 CFR 49.156(e)(4) 
to shorten the review period to 45 days for the graphic arts and 
printing operations permit. Conversely, one commenter recommended not 
reducing the review period since the EPA requires time to: (1) Review 
the material safety data sheets of graphic arts materials used; (2) 
review the specifications on gas-fired burners on heatset printing 
presses and oxidizers; and (3) evaluate internal combustion engines for 
compliance with NSPS and NESHAP requirements. We agree with the 
commenter that this source category requires a 90-day review period, 
particularly since the general permit is also serving as a permit to 
create synthetic minor sources. Consequently, the EPA is not finalizing 
revisions to Sec.  49.156(e)(4) to shorten the general permit 
application review process from 90 to 45 days for the graphic arts and 
printing operations source category.

D. Control Technology Review

1. Proposed Rule
    In the proposal, we requested comment on various aspects of the 
EPA's conclusion following its control technology review that, because 
the control measures in the draft general permits are currently used by 
other similar sources in other areas of the country, the measures in 
the draft

[[Page 70961]]

permits are technically and economically feasible and cost effective.
2. Summary of Comments, Responses and Final Action
    This section provides a brief summary of significant comments 
received and our responses. A full summary of the comments received on 
this subject and our responses are presented in Section 3.0 of the RTC 
Document. The EPA is largely retaining the basic approach to the 
control technology review outlined in the July 17, 2014, proposal.
    One commenter expressed confusion over the term ``control 
technology.'' The commenter requested the EPA clarify if this refers to 
add-on controls or if it includes controls that may be part of the 
equipment itself. In response, we note that the term ``control 
technology'' refers to integrated controls, add-on controls and other 
emissions reduction techniques (e.g., work practice standards and the 
use of compliant materials).
    One commenter stated that because the EPA intends to issue general 
permits at the national level instead of through Regional 
Administrators, the Agency should require the most stringent 
requirements applicable in adjacent areas of Indian country. The 
commenter recommended that the general permits require the use of BACT 
and the most current version of adjacent area rules and regulations to 
avoid a competitive disadvantage. The commenter also noted that the EPA 
may wish to consider making general permits applicable only within one 
of the EPA Regions, in order to avoid making sources in Indian country 
subject to more stringent requirements than those in adjacent states.
    Regarding the level at which the EPA issues general permits, the 
commenter is correct that all of the general permits that the EPA has 
established to date (including this set) have been at the national 
level. However, we may in the future issue general permits (or permits 
by rule) on a smaller geographic scale for a particular state or region 
of the country. In fact, in the first batch of streamlined permits we 
issued, we indicated that EPA Region 9 will be developing a general 
permit or permit by rule for areas within California for gasoline 
dispensing facilities.\48\ In addition, once the EPA issues a general 
permit at the national level, Regional offices serving as the Reviewing 
Authority are responsible for processing the Request for Coverage and 
issuing the Approval of Request for Coverage under nationally-issued 
general permits (as well as any general permits issued by that Region 
for a smaller geographic area), Alternatively, a tribe may serve as the 
Reviewing Authority for its area of Indian country by taking delegation 
of responsibility for implementing the permit program.
---------------------------------------------------------------------------

    \48\ Ibid.
---------------------------------------------------------------------------

    Regarding other points made by the commenter, the EPA crafted the 
minor source general permits to ensure air quality is properly 
protected and to provide a streamlined approach, where appropriate. We 
undertook a survey of existing national and state requirements, and 
reviewed, weighed and compared these requirements to develop general 
permits that would help provide a level playing field for minor sources 
in Indian country. The EPA has not necessarily adopted the most 
stringent of these observed standards, but, rather, has evaluated 
relevant rules and regulations to determine the most appropriate and 
commonly employed standards for each source and unit type covered under 
the Federal Indian Country Minor NSR rule. The EPA has the authority to 
determine that a particular general permit or permit by rule is no 
longer sufficient to protect air quality for new or modified sources in 
a particular geographic area and, thus, does not meet the requirements 
of the Federal Indian Country Minor NSR rule. Such a determination 
would consider, for example, local air quality conditions, typical 
control technology of other emission reduction measures used by similar 
sources in surrounding areas, anticipated economic growth in the area 
and/or cost-effective emission reduction alternatives. If the EPA were 
to make such a determination, it could either issue a revised general 
permit for use in that area or require sources in that area to obtain 
source-specific permits. In addition, the EPA Regional Administrators 
may adopt general permits or permits by rule that apply within those 
areas.

E. Setback Requirements

1. Proposed Rule
    For the draft general permits for boilers, concrete batch plants, 
engines, and sawmill facilities, we included permit provisions related 
to the location of emitting activities relative to the source property 
boundary. We call these provisions, which are designed to minimize the 
impacts of emissions, setback requirements. Under a setback 
requirement, sources may not locate or expand within a specific 
distance from 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.
2. Summary of Comments, Responses and Final Action
    This section provides a brief summary of significant comments 
received and our responses. A full summary of the comments received on 
this subject and our responses are presented in Section 4.0 of the RTC 
Document.
    Two commenters supported the inclusion of setback requirements for 
boilers, concrete batch plants, spark and compression ignition engines, 
and sawmill facilities. These commenters requested that the EPA not 
only apply the setback requirements to schools and nursing homes, but 
also to other physical locations such as community centers, health care 
facilities, hospitals, agricultural fields, ball fields, parks, 
locations designated for cultural and subsistence activities, and 
waterways. The same commenters requested that the EPA carefully 
consider each tribe's sovereign right to manage and oversee land use 
within its own boundaries. The commenters noted that some tribes may 
not provide for setback requirements where others may already have 
setback requirements that are less restrictive than those in the draft 
permits. The commenters recommended that the EPA consult and 
communicate with tribes on the application of setback requirements and 
that the EPA insert a provision in the general permits allowing a tribe 
to obtain a partial or full waiver from the requirements (e.g., from 
the types of buildings to which the requirements apply).
    Two commenters objected to the inclusion of setback requirements in 
the stationary compression ignition and spark ignition engines general 
permits. The commenters argued that the EPA has not demonstrated the 
need for or provided any data to support setback requirements and that 
no current NSPS or NESHAP for engines includes similar requirements. 
The commenters further argued that setting distances to property 
boundaries is counter to, and conflicts with, federal and state agency 
requirements for land management and parks and wildlife preserves 
created to minimize surface disturbance and encroachment on endangered 
species areas. One commenter noted that specific setback requirements 
are already included in Indian mineral leases. Another commenter urged 
that setback regulations have historically been considered ``land use'' 
regulation relegated to state and local jurisdictions. The commenters 
stated that establishing a setback requirement that applies to all of 
Indian country would create

[[Page 70962]]

jurisdictional conflicts. The commenter further warned that the EPA 
would be setting precedent that could cause other regulatory agencies 
to follow suit.
    One commenter did not support the use of physical markers on a 
property to show compliance with the setback requirements.
    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 boilers and emergency 
engines, concrete batch plants, spark and compression ignition engines, 
and sawmill facilities. Therefore, the final general permits for these 
source categories do not contain setback provisions. Nonetheless, the 
Reviewing Authority retains the discretion to deny the granting of 
source coverage under the general permits for any source category based 
on local air quality concerns.

F. Requirements Relating to Threatened or Endangered Species and 
Historic Properties

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. 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. We provided 
draft screening processes in Appendices to the draft Request for 
Coverage Forms for the draft general permits that we made available for 
comment to ensure appropriate consideration of listed species and 
historic properties.
2. Summary of Comments, Responses and Final Action
    This section provides a brief summary of significant comments 
received and our responses. A full summary of the comments received on 
this subject and our responses are presented in Section 5.0 of the RTC 
Document. Overall, as a result of the comments we received, we are 
largely retaining the processes we presented in the proposal with some 
adjustment in this final action.
    Two commenters expressed concerns regarding provisions for listed 
species and historic properties. One commenter contended that the 
Bureau of Land Management (BLM) and the Bureau of Indian Affairs (BIA) 
currently develop a resource management plan for oil and gas activities 
on Indian lands that triggers ESA and NHPA review. The commenter argued 
that it is unnecessary to repeat an ESA or NHPA review during the 
general permit process given that it may rely on this existing review. 
The commenter further asserted that the proposed provisions would 
require minor source permit applicants to interface with various 
federal agencies in the absence of any procedures governing that 
interaction, and that the legal consequences of certifying compliance 
with the ESA and NHPA are undefined.
    The EPA is aware that new sources locating in Indian country may 
also need approvals or other authorizations from other federal agencies 
such as the BIA or the BLM, which may trigger a review under the ESA 
and/or the NHPA. Such approvals or authorizations by other agencies 
are, however, separate from the authorization provided in the EPA's 
minor NSR general permits. However, to avoid duplication of effort, we 
believe it is appropriate for facilities seeking to be covered under 
the general permits to use listed species and historic property 
assessments, analyses, and outcomes obtained through BIA/BLM's separate 
compliance with the ESA and NHPA in connection with their own actions 
to satisfy the relevant screening procedures for coverage under the 
minor NSR general permits. We anticipate that where a separate ESA or 
NHPA compliance process is undertaken by BIA/BLM in connection with a 
new source, that process will satisfy the EPA's permit screening 
procedures.
    Therefore, we have modified the listed species procedures in 
appendix A for endangered and threatened species that are attached to 
the Request for Coverage Forms to clarify that this approach is the 
first consideration in the screening process. We believe that this 
option as a first choice is already clear in the historic property 
screening procedures and, therefore, we have not revised appendix B in 
that regard in the historic properties procedures included with the 
Request for Coverage Forms.
    One commenter expressed concerns about the ability of permit 
applicants to meet the compliance requirements of the ESA and NHPA, 
citing limitations in time and availability of in-house expertise. The 
commenter asserted that the process could be costly and requested 
whether the EPA has assessed the time and cost impacts to comply with 
the ESA and NHPA. The EPA understands that satisfactorily addressing 
the screening procedures for threatened and endangered species and 
historic properties will impose some burden on sources seeking coverage 
under general 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, as appropriate, rely on prior 
assessments performed by other federal agencies to satisfy the 
procedures.

G. Use of Throughput Limits and Capacity 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 draft general permits and proposed 
permit by rule as a means for limiting emissions and demonstrating 
compliance with those limits.
    For the six source categories in this action, some states (but not 
all) provide both annual tpy allowable emission limitations and 
throughput limits in their general permits. Other states 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 tpy allowable emission 
limitations, or, alternatively, establishment of annual allowable 
emission limitations for each pollutant, and the use of throughput 
limits as surrogate monitoring measures to demonstrate compliance with 
tpy annual allowable emission limitations.
2. Summary of Comments, Responses and Final Action
    This section provides a brief summary of significant comments 
received and our responses. A full summary of the comments received on 
this subject and our responses are presented in Section 6.0 of the RTC 
Document. In the final general permits, the EPA has retained the 
throughput limits contained in the

[[Page 70963]]

draft general permits, except that we have revised the limits in the 
final general permits for boilers and emergency engines, spark ignition 
engines, compression ignition engines and sawmill facilities. This has 
included adding control options and fuel-based limits to accommodate 
synthetic minor sources.
    Two commenters supported the use of throughput production limits as 
a surrogate for annual tpy emission limits in the draft concrete batch 
plants general permit. The commenters declared that facilities 
currently track information about the material they process, and that 
complying with a throughput limitation would be less costly. One 
commenter stated that the proposed rule does not provide for different 
production limits for facilities located in attainment and 
nonattainment areas for PM, and requested that the EPA consider this 
issue more closely.
    The EPA appreciates the commenters' support for the use of 
throughput limits. The EPA also appreciates the commenters' concern 
regarding separate production limits for PM10 and 
PM2.5 nonattainment areas. We set the throughput limit in 
the draft concrete batch plants general permit to ensure that a source 
in any area (attainment or nonattainment) would not be a major source.
    For the draft boilers general permit, two commenters supported the 
use of varying capacity limits as a surrogate for annual tpy emission 
limits based on boiler and process heater size. The commenters 
supported the use of different capacity limits for process heaters and 
process heaters and boilers combined located in ozone nonattainment 
areas. The commenters also supported finalizing two boilers general 
permits--one intended for smaller, simpler sources using capacity 
limits, and one for larger, more complex sources using tpy emission 
limitations and additional monitoring and recordkeeping. The EPA has 
decided to issue only one final ``General Air Quality Permit for New or 
Modified Minor Source Boilers and Emergency Engines in Indian 
Country,'' which also covers emergency engines. We do not agree that 
two are needed. We believe that one permit for boilers can accommodate 
boilers of varying sizes.
    Two commenters expressed concerns with the capacity limits included 
in the draft spark ignition engines general permit. The commenters 
noted an inconsistency between the engine site capacity limit of 1,750 
hp and the emission limits set by reference to Table 1 of 40 CFR part 
60, subpart JJJJ. One commenter provided the example that, using the 
EPA's PTE spreadsheet and a single 1,000 hp 4-stroke lean burn engine, 
the CO limit of 2.0 grams per hp-hour in Table 1 yields a total annual 
CO emission PTE of just under 20 tpy, which would allow for up to 5,000 
hp site capacity based on a 100 tpy limit. The commenters stated that 
these issues bring into question whether the draft spark ignition and 
compression ignition engines permits should include capacity-based 
limits or emissions-based limits. Both commenters reasoned that 
emission limits are preferable to capacity limits, because an emission 
limit approach would allow flexibility for operators to determine how 
to configure engines. One commenter argued that if the EPA uses 
capacity limits, then it would seem pointless to also include emission 
limits or monitoring. The commenter stated that capacity limits are 
most appropriate for small engines to simplify exclusion from minor 
source NSR, stating that neither the draft spark ignition engines 
general permit nor the draft compression ignition engines general 
permit addressed excluding low emitting small engines. The commenter 
further argued that the upper limit used should actually be 250 tpy to 
avoid the PSD Program in attainment areas.
    The EPA acknowledges that, in setting the capacity limits in the 
draft spark ignition engines general permit, the limit was based on the 
highest emission factor under the NSPS for the various engines types. 
We also acknowledge that there is significant variability in the 
emission factors for the different types of engines. Given the 
differences, we are revising the capacity limits to add a fuel-based 
capacity limit option for natural gas-fired spark ignition engines. In 
addition, the draft spark ignition engines general permit does not 
apply to engines in the oil and natural gas production and natural gas 
processing segments of the oil and natural gas sector. The EPA has 
issued a separate, final rulemaking addressing oil and natural gas 
activities that includes requirements for non-emergency engines.\49\ 
Non-emergency spark ignition engines (and any additional emergency 
engines) located at sources that are not in the oil and natural gas 
production and natural gas processing segments of the oil and natural 
gas sector are eligible for coverage under the final ``General Air 
Quality Permit for New or Modified Minor Source Spark Ignition Engines 
in Indian Country.''
---------------------------------------------------------------------------

    \49\ ``Federal Implementation Plan for True Minor Sources in 
Indian Country in the Oil and Natural Gas Production and Natural Gas 
Processing Segments of the Oil and Natural Gas Sector; Amendments to 
the Federal Minor New Source Review Program in Indian Country to 
Address Requirements for True Minor Sources in the Oil and Natural 
Gas Sector,'' U.S. Environmental Protection Agency, 81 FR 35944, 
June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
---------------------------------------------------------------------------

    Regarding excluding small engines, we note that the Federal Indian 
Country Minor NSR rule exempts stationary internal combustion engines 
with a manufacturer's site-rated hp of less than 50. The EPA finalized 
this exemption during the development of the general permits.\50\ We 
have revised the permitting documents to reflect this exemption.
---------------------------------------------------------------------------

    \50\ ``Review of New Sources and Modifications in Indian 
Country--Amendments to the Federal Indian Country Minor New Source 
Review Rule,'' U.S. Environmental Protection Agency, 79 FR 31035, 
May 30, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-05-30/pdf/2014-11499.pdf.
---------------------------------------------------------------------------

    Regarding the use of emission limits versus capacity limits, we 
have retained the capacity limits but we have also added additional 
flexibility by allowing for the use of synthetic minor fuel limits in 
lieu of the engine capacity limits. This flexibility is close to the 
approach suggested by the commenter, as it allows for engines of 
greater capacity as long as overall fuel use remains below the 
specified threshold. We consider this approach the best option for the 
types of owners and operators that we expect to be subject to the 
permits--striking a balance between flexibility and ease of compliance. 
Sources needing even greater operational flexibility should consider 
applying for a source-specific permit. The general permits are intended 
for common, straightforward permitting actions.
    Regarding the upper tpy emission limit used for setting the limits 
in the permit, we disagree with the commenter's suggestion of using 250 
tpy. While the EPA will still determine when sources applying for a 
general permit need a source-specific permit due to air quality 
concerns, we do not believe that will occur as often as would be 
required if we used the upper threshold in attainment areas proposed by 
the commenter.
    Two commenters supported the proposed approach for establishing 
capacity limits for compression ignition emergency and non-emergency 
engine sources that differentiate among locations in ozone attainment, 
unclassifiable, or Marginal/Moderate ozone nonattainment areas. The 
commenters requested that the EPA explain why the draft general permit 
for stationary spark ignition engines does not use a similar approach. 
One commenter stated that nonattainment minor source permitting should 
be

[[Page 70964]]

regionally specific and based on emissions inventory evaluation and 
modeling to determine the requirements after a designation is made. The 
commenter declared that because no nonattainment designation has been 
made in any tribal land areas, it is premature to specify minor source 
permitting requirements. The EPA notes that the draft general permit 
for spark ignition engines does not need separate limits for sources in 
different types of ozone areas. The limiting pollutant--the pollutant 
with the highest emissions in setting the capacity limits--is CO. The 
established limits in the draft general permit are set low enough to 
ensure sources in ozone nonattainment areas will be below the major 
source thresholds, regardless of the area's classification. The final 
``General Air Quality Permit for New or Modified Minor Source Spark 
Ignition Engines in Indian Country'' is not available in Serious CO 
nonattainment areas. Currently, there are no CO nonattainment areas.
    Regarding the comment that nonattainment minor source permitting 
should be based on an emissions inventory evaluation and modeling, in 
this instance it is not necessary to develop an emissions inventory or 
perform ambient air modeling in order to establish minor source permits 
in attainment or nonattainment areas that are protective of air 
quality. The general permits in this action are intended to prevent the 
construction of sources that would interfere with attainment or 
maintenance of the NAAQS in attainment and nonattainment areas. 
However, some of the general permits in this action do not cover all 
potential nonattainment areas because, in order to protect air quality 
in such areas, we would have had to construct an overly stringent, 
potentially unworkable permit for such sources in such areas. A better 
alternative is to direct such sources to work with the Reviewing 
Authority to develop a more workable, source-specific permit. Moreover, 
the Reviewing Authority has the discretion under the Federal Indian 
Country Minor NSR rule to not grant coverage under a general permit to 
a particular source or in a particular area if there is a concern that 
the general permit will not be protective of air quality in the area.
    Three commenters supported the EPA's draft emission limitations for 
sawmill facilities, including a limitation of 25 million board feet on 
a 12-month rolling basis and a total tpy VOC emission limitation that 
becomes more stringent based on the increasing classification of the 
ozone nonattainment area in which the facility is located. However, one 
commenter asserted that it was unlikely a sawmill facility would be a 
true minor NSR facility and approach 80 tpy VOC without triggering the 
major source threshold for HAPs (Condition 23 of the draft sawmill 
facilities general permit). Regarding the comment that a source may 
trigger the major source threshold for HAPs prior to reaching the 80 
ton per year/12-month rolling emission limits, the EPA has determined 
that such a scenario could arise and has added a synthetic minor limit 
for HAP emissions in the final ``General Air Quality Permit for New or 
Modified Minor Source Sawmill Facilities in Indian Country.''
    One commenter requested that the EPA use a 12-month rolling total 
limit for the production limits and emissions limitations in Conditions 
19, 23 and 41 of the draft sawmill facilities general permit. The 
commenter also expressed concern that new sources in operation for less 
than 12 months would not be able to determine compliance with the draft 
conditions for the first 11 months. The commenter provided draft 
language for consideration.
    The EPA notes that the draft sawmill facilities permit uses a 12-
month rolling total for the production limits and emissions limitations 
in Conditions 19, 23, and 41 of the draft general permit. Regarding the 
concern that new sources would have difficulty determining compliance 
with the draft conditions in the first 11 months, the general permit 
requires that sources maintain records of monthly production and 
monthly VOC emissions and submit an annual report that evaluates the 
source's compliance status with the emission limitations and standards. 
This will allow a source to evaluate its eventual compliance with the 
12-month rolling total well before the 12th month. We have not modified 
the final ``General Air Quality Permit for New or Modified Minor Source 
Sawmill Facilities in Indian Country,'' as suggested by the commenter.

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 (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
Control Number 2060-0003. The general permits finalized in this action 
do not impose any new obligations or enforceable duties on any state, 
local or tribal government or the private sector. This action merely 
establishes general permits to aid sources in satisfying the 
requirements of the Federal Indian Country Minor NSR rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. 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.\51\ The EPA determined that that action would not have 
a significant economic impact on a substantial number of small 
entities. This action merely implements a particular aspect of the 
Federal Indian Country Minor NSR rule. As a result, 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. And, 
by establishing general permits that simplify and shorten the 
permitting process, this rule will lessen the burden on small business 
in the affected source categories that are seeking to construct in 
Indian country.
---------------------------------------------------------------------------

    \51\ ``Review of New Sources and Modifications in Indian 
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July 
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate, as described in 
the UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely 
affect small governments. Sources that choose to use one or more of the 
general permits finalized in this action must comply with the 
requirements contained therein; however, no source is required

[[Page 70965]]

to use the general permits. As a result, the action imposes no 
enforceable duty on any state, local or tribal government 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 conducted outreach 
on the July 17, 2014, proposal via on-going monthly meetings with 
tribal environmental professionals in the development of this final 
action. The EPA offered consultation to elected tribal officials 
immediately after proposal on June 14, 2014, 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.
    Two commenters took exception to the EPA's claim that the proposed 
rule would ``not impose duties or responsibilities on tribes.'' The 
commenters noted that several Indian tribes own and operate facilities 
covered under source categories identified in the draft rule, and, 
thus, the draft rule will impose duties or responsibilities on some 
tribes. The commenters requested that the EPA review the number of 
tribes that own and operate facilities represented by the source 
categories listed in the proposed rule and determine the extent of the 
duties and responsibilities imposed on the tribes. The EPA disagrees 
with the assertion that the rule ``imposes duties or responsibilities 
on tribes.'' As noted in the preamble to the proposed rule, the EPA 
concluded that the rule would not impose duties or responsibilities on 
tribes, although it will have tribal implications. Some tribes may own 
affected facilities in the source categories for which we are issuing 
general permits via this action. However, this action merely provides 
general permits to aid interested minor sources in Indian country in 
satisfying the already existing requirement under the Federal Indian 
Country Minor NSR rule that they obtain a minor source permit. This 
action does not impose any requirements on sources in these source 
categories that may need to obtain a minor source permit to construct 
in Indian country. The use of the general permits in this final action 
is optional; they do not impose any compliance requirements on any 
source unless and until the EPA grants coverage under one of the 
permits to a source.
    This action reflects tribal comments on and priorities for 
developing general permits and permits by rule in Indian country. The 
RTC document details all of the comments we received on the July 17, 
2014, proposal from tribal and other entities. We received comments 
from 5 tribal commenters. We have responded favorably to tribal 
comments in the several areas, including:
     General support for the establishment of general permits 
for the six categories;
     Structure and general requirements of the draft general 
permits;
     Authorizing multiple locations for the use of certain 
general permits;
     Specific provisions of the draft spark ignition and 
compression ignition engines general permits;
     Specific provisions of the draft sawmill facilities 
general permit;
     Utilizing a permit by rule for graphic arts and printing 
operations; and
     Use of throughput limits and capacity limits.

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 (NTTAA)

    The final action involves technical standards. The EPA has decided 
to use the EPA Methods 5, 7, 9, 10, 18, 22 and 25A of 40 CFR part 60, 
appendix A.\52\ Three voluntary consensus standards were identified as 
applicable for purposes of the proposal:
---------------------------------------------------------------------------

    \52\ Information on any available voluntary consensus standards 
that we indicated could be used as alternatives to the emissions 
measurement standards in the draft general permits can be found in: 
``Voluntary Consensus Standard Results for General Permits and 
Permits by Rule for the Indian Country Minor New Source Review 
Program; 40 CFR part 49, subparts 156(c) and 162,'' from Robin 
Segall, Acting Group Leader, Measurement Technology Group, to Laura 
McKelvey, Group Leader, Community and Tribal Programs Group, 
February 7, 2014, Docket ID No. EPA-HQ-OAR-2011-0151, https://www.epa.gov/tribal-air/tribal-minor-new-source-review.
---------------------------------------------------------------------------

    1. ANSI/ASME PTC 19.10-1981 part 10 ``Flue and Exhaust Gas 
Analyses'' (alternative to the EPA Method 7);
    2. ASTM D7520-09 ``Standard Test Method for Determining Opacity of 
a Plume in the Outdoor Ambient Atmosphere'' (alternative to the EPA 
Method 9); and
    3. ASTM D6420-99 (2010) ``Test method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography/Mass 
Spectrometry'' (alternative to the EPA Method 18).
    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 that the human health or environmental risk 
addressed by this action will not have potential, 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. 
Rather, this final rule 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 or 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. We believe that when sources have permits

[[Page 70966]]

and compliance reporting requirements, that means that there will be 
reduced emissions and greater responsibility on the part of sources. 
This final action 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 final action will 
reduce an existing disparity by filling the regulatory gap.

K. Congressional Review Act (CRA)

    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.

    Dated: September 16, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-23178 Filed 10-13-16; 8:45 am]
BILLING CODE 6560-50-P


