81 FR 69814 - Draft General Permit Under the Federal Indian Country Minor New Source Review Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 195 (October 7, 2016)

The Environmental Protection Agency (EPA) Region 9 provides notice of, and requests public comment on, the EPA's draft general permit for use in Indian country within California pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New Source Review (NSR) program for new and modified minor sources. The draft general permit is for a single source category, gasoline dispensing facilities (GDFs), and would be available in certain areas of Indian country that are within the geographical boundaries of California. This includes areas located in an Indian reservation or in another area of Indian country over which an Indian tribe, or the EPA, has demonstrated that the tribe has jurisdiction and where there is no EPA-approved minor NSR program in place. The EPA is proposing this general permit as an option for CAA minor NSR preconstruction permitting to help streamline the EPA's permitting of certain minor sources that construct or modify in Indian country and belong to the GDF source category.

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69814-69816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24380]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2016-0580; FRL-9953-86-Region 9]


Draft General Permit Under the Federal Indian Country Minor New 
Source Review Program

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice of draft permit.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 provides 
notice of, and requests public comment on, the EPA's draft general 
permit for use in Indian country within California pursuant to the 
Clean Air Act (CAA) Federal Indian Country Minor New Source Review 
(NSR) program for new and modified minor sources. The draft general 
permit is for a single source category, gasoline dispensing facilities 
(GDFs), and would be available in certain areas of Indian country that 
are within the geographical boundaries of California. This includes 
areas located in an Indian reservation or in another area of Indian 
country over which an Indian tribe, or the EPA, has demonstrated that 
the tribe has jurisdiction and where there is no EPA-approved minor NSR 
program in place. The EPA is proposing this general permit as an option 
for CAA minor NSR preconstruction permitting to help streamline the 
EPA's permitting of certain minor sources that construct or modify in 
Indian country and belong to the GDF source category.

DATES: Comments will be accepted until November 30, 2016.

ADDRESSES: Documents relevant to the above-referenced permit are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne Street, San Francisco, CA 94105-3901. To arrange for viewing 
of these documents, call Lisa Beckham at (415) 972-3811. Due to 
building security procedures, at least 24 hours advance notice is 
required.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected]. Key portions of the administrative record 
for this decision are available through a link at Region 9's Web site, 
https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits, 
or at www.regulations.gov (Docket ID # EPA-R09-OAR-2016-0580).

SUPPLEMENTARY INFORMATION:

Proposed Action

    The United States Environmental Protection Agency, Region 9 (EPA) 
provides notice of, and requests public comment on, the EPA's draft 
general permit for use in Indian country within California pursuant to 
the Clean Air Act (CAA) Federal Indian Country Minor New Source Review 
(NSR) program for new and modified minor sources at 40 CFR 49.151 
through 49.161. The draft general permit is for a single source 
category, gasoline dispensing facilities (GDFs), and would be available 
in certain areas of Indian country that are within the geographical 
boundaries of California. This includes areas located 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 and where there is no EPA-approved 
minor NSR program in place. The EPA is proposing this general permit as 
an option for CAA minor NSR preconstruction permitting to help 
streamline the EPA's permitting of certain minor sources that construct 
or modify in Indian country and belong to the GDF source category.
    A gasoline dispensing facility, or GDF, is any stationary source, 
such as a gas station, that dispenses gasoline into the fuel tank of a 
motor vehicle, motor vehicle engine, nonroad vehicle or nonroad engine. 
Types of GDFs potentially subject to this general permit include, but 
are not limited to, facilities that dispense gasoline into on- and off-
road, street, or highway motor vehicles, lawn equipment, boats, test 
engines, landscaping equipment, generators, pumps, and other gasoline-
fueled engines and equipment. New or modified GDF sources with the 
potential to emit regulated NSR pollutants over thresholds specified in 
the Federal Indian Country Minor NSR program regulations at 40 CFR 
49.153, and located within the geographic boundaries of California and 
on an Indian reservation or in another area of Indian country over 
which an Indian tribe or the EPA has demonstrated that the tribe has 
jurisdiction, are currently subject to permitting requirements under 
this EPA minor NSR program.
    The general permit that is the subject of this notice is intended 
to provide a streamlined permitting option for owners and operators of 
qualifying GDFs to use to meet the requirements of this EPA minor NSR 
program. However, owners and operators of such GDFs may instead choose 
to apply to the EPA for a traditional source-specific permit to meet 
the preconstruction requirements of this permitting program rather than

[[Page 69815]]

requesting coverage under the general permit.
    The primary pollutant of concern for GDFs that may use this general 
permit is volatile organic compounds (VOC), which are emitted from 
storage tanks and gasoline dispensing units at GDFs. Some GDFs may also 
have emergency engines, but only those sources with emergency engines 
that are exempt from minor NSR permitting requirements may use this 
general permit. Emissions of all other regulated NSR pollutants from 
new or modified GDF sources that may use the general permit are 
expected to be below the minor NSR permitting thresholds in 40 CFR 
49.153.
    This draft general permit regulates VOC emissions from GDFs, and 
includes emission limitations that require each GDF to control 
emissions from storage tanks during unloading of the gasoline cargo 
from the tanker truck, using what are known as Stage I controls. In 
addition, the draft general permit requires GDFs in ozone nonattainment 
areas to limit VOC emissions caused from vehicle refueling by 
recovering vapors displaced from the vehicle fuel tank, using pump-
based controls known as Stage II controls. There are also limits on the 
amount of gasoline each GDF can dispense in a 12-month period: 
25,000,000 million gallons in ozone attainment areas, marginal ozone 
nonattainment areas, and moderate ozone nonattainment areas; and 
15,000,000 gallons in serious, severe, and extreme ozone nonattainment 
areas. The emission limitations in the draft general permit are 
expected to limit emissions of VOC from a new or modified GDF to less 
than 30 tons per year (tpy) in attainment areas and marginal or 
moderate ozone nonattainment areas and 8 tpy in serious, severe, and 
extreme ozone nonattainment areas. The detailed emission limitations 
are included in the draft permit and discussed in detail in our 
Technical Support Document for this draft permit, and are available for 
review here: https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits.

Request for Public Comment

    Any person may submit written comments on the draft permit during 
the public comment period. These comments must raise any reasonably 
ascertainable issue with supporting arguments by the close of the 
public comment period (including any public hearing). All written 
comments on the draft general permit must be received or postmarked by 
November 30, 2016. While the EPA has scheduled a public hearing for 
this action, as detailed below, anyone may request an additional public 
hearing. Requests for an additional public hearing must be submitted in 
writing by November 16, 2016, and must state the nature of the issues 
proposed to be raised at the hearing. Comments and any requests for 
public hearings must be sent or delivered in writing to Lisa Beckham at 
one of the following addresses:
    Email: [email protected].
    Online Docket: www.regulations.gov, Docket ID: EPA-R09-OAR-2016-
0580.
    U.S. Mail: Lisa Beckham (AIR-3), U.S. EPA Region 9, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.

Public Hearing

    The EPA will hold a public hearing, pursuant to 40 CFR 49.157(c), 
to provide the public with further opportunity to comment on the draft 
permit. At the public hearing, any interested person may provide 
written comments or oral comments, and relevant data pertaining to the 
draft permit.
    The date, time, and location of the public hearing is as follows:
    Date: November 30, 2016.
    Time: 2:00 p.m.-3:30 p.m.
    Location: U.S. EPA Region 9, EPA Conference Center, 1st Floor, 75 
Hawthorne St., San Francisco, CA 94105.
    If you require a reasonable accommodation, please contact Stacy 
Johnson, EPA Region 9 Reasonable Accommodations Coordinator, by 
November 21, 2016 at (415) 947-4500, or [email protected].

Additional Information

    The draft general permit and other supporting information, 
including the Technical Support Document and a Request for Coverage 
form, are available through the EPA Region 9 Web site at https://www.epa.gov/caa-permitting/california-tribal-gasoline-permits. The 
administrative record for this draft general permit may also be viewed 
in person, Monday through Friday (excluding Federal holidays) from 9:00 
a.m. to 4:00 p.m., at the EPA Region 9 address above. Due to building 
security procedures, please call Lisa Beckham at (415) 972-3911 at 
least 24 hours in advance to arrange a visit. Lisa Beckham can also be 
reached through the EPA Region 9's toll-free general information line 
at (866) 372-9378.
    All comments that are received via email or through 
www.regulations.gov will be included in the public docket without 
change and will be available to the public, including any personal 
information provided. Comments submitted to the EPA through U.S. Mail 
or other another non-electronic delivery method will also be included 
in the public docket without change and will be available to the 
public, including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
the disclosure of which is restricted by statute. Information that is 
considered to be CBI or otherwise protected should be clearly 
identified as such and should be submitted only through U.S. Mail or a 
non-electronic delivery method; such information should not be 
submitted through www.regulations.gov or email. If a commenter sends 
email directly to the EPA, the email address will be automatically 
captured and included as part of the public comment. Please note that 
an email or postal address must be provided with comments if the 
commenter wishes to receive direct notification of the EPA's final 
decision regarding the draft general permit following the public 
comment period. For the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

The EPA's Final Action on the Draft Permit

    Before issuing a final decision on the draft permit, the EPA will 
consider all written comments submitted during the public comment 
period. The EPA will send notice of our final permit decision to each 
person who submitted comments and contact information during the public 
comment period or requested notice of the final permit decision. The 
EPA will summarize the contents of all substantive comments and provide 
written responses in a document accompanying the EPA's final permit 
decision.
    The EPA's final permit decision will become effective 30 days after 
the service of notice of the final permit decision, unless:
    1. A later date is specified in the permit, or
    2. Review of the final permit decision by the EPA's Environmental 
Appeals Board is requested under 40 CFR 49.159(d), or
    3. The EPA elects to make the permit effective immediately upon 
issuance if no comments request a change in the draft permit or a 
denial of the permit. Issuance of the final general permit decision, 
after any administrative review under 40 CFR 49.159(d), is considered 
final agency action with respect to all aspects of the general permit 
except its applicability to an individual source. The sole issue that

[[Page 69816]]

may be appealed after an individual source is approved to construct 
under a general permit is the applicability of the general permit to 
that particular source. The letter notifying an individual source of 
approval or denial under a general permit is considered a final agency 
action for purposes of judicial review and is not subject to 
administrative review. All comments related to the proposed permit 
conditions must be submitted as part of this action, and will not be 
reconsidered at the time an individual source seeks coverage under the 
general permit.
    If you have questions, or if you wish to obtain further 
information, please contact Lisa Beckham at (415) 972-3811, toll-free 
at (866) 372-9378, via email at [email protected], or at the mailing 
address above. If you would like to be added to our mailing list to 
receive future information about this draft permit decision or other 
permit decisions issued by the EPA Region 9, please contact Lisa 
Beckham, or visit the EPA Region 9's Web site at http://www2.epa.gov/caa-permitting/tribal-nsr-permits-region-9.
    Please bring the foregoing notice to the attention of all persons 
who would be interested in this matter.

    Dated: September 30, 2016.
Elizabeth J. Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2016-24380 Filed 10-6-16; 8:45 am]
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