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)

Page Range		69814-69816
FR Document		2016-24380

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 Issue 195 (Friday, October 7, 2016)

[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, beckham.lisa@epa.gov. 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: R9airpermits@epa.gov.
    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 johnson.stacyd@epa.gov.

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 R9airpermits@epa.gov, 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]
BILLING CODE 6560-50-P

69814 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

non-governmental organizations that ENVIRONMENTAL PROTECTION Proposed Action
support potential applicants. AGENCY The United States Environmental
DATES: The session in Chicago, Illinois Protection Agency, Region 9 (EPA)
will be held on October 14, 2016 from [EPA–R09–OAR–2016–0580; FRL–9953–86– provides notice of, and requests public
9:00 a.m.–3:30 p.m. (CT). The session in Region 9] comment on, the EPA’s draft general
Orlando, Florida will be held on permit for use in Indian country within
Draft General Permit Under the Federal California pursuant to the Clean Air Act
October 20, 2016 from 9:00 a.m.–3:30 Indian Country Minor New Source
p.m. (ET). The session in New York, (CAA) Federal Indian Country Minor
Review Program New Source Review (NSR) program for
New York will be held on November 7,
new and modified minor sources at 40
2016 from 9:00 a.m.–3:30 p.m. (ET). The AGENCY: United States Environmental CFR 49.151 through 49.161. The draft
session in San Francisco, California will Protection Agency (EPA). general permit is for a single source
be held on November 14, 2016 from 9:00 ACTION: Notice of draft permit. category, gasoline dispensing facilities
a.m.–3:30 p.m. (PT). The session in Los (GDFs), and would be available in
Angeles, California will be held on SUMMARY: The Environmental Protection certain areas of Indian country that are
November 15, 2016 from 9:00 a.m.–3:30 Agency (EPA) Region 9 provides notice within the geographical boundaries of
p.m. (PT). The session in Dallas, Texas of, and requests public comment on, the California. This includes areas located
will be held on November 18, 2016 from EPA’s draft general permit for use in in an Indian reservation or in another
9:00 a.m.–3:30 p.m. (CT). Indian country within California area of Indian country (as defined in 18
ADDRESSES: The session in Chicago will pursuant to the Clean Air Act (CAA) U.S.C. 1151) over which an Indian tribe,
be held at: Ralph H. Metcalfe Federal Federal Indian Country Minor New or the EPA, has demonstrated that the
Building, Room 328, 77 West Jackson Source Review (NSR) program for new tribe has jurisdiction and where there is
and modified minor sources. The draft no EPA-approved minor NSR program
Boulevard, Chicago, Illinois 60604. The
general permit is for a single source in place. The EPA is proposing this
session in Orlando will be held at:
category, gasoline dispensing facilities general permit as an option for CAA
Orange County Utilities Administration minor NSR preconstruction permitting
(GDFs), and would be available in
Building, 1st Floor Public Meeting certain areas of Indian country that are to help streamline the EPA’s permitting
Room, 9150 Curry Ford Road, Orlando, within the geographical boundaries of of certain minor sources that construct
Florida 32825. The session in New York California. This includes areas located or modify in Indian country and belong
will be held at: EPA Region 2, 290 in an Indian reservation or in another to the GDF source category.
Broadway, New York, New York 10007. area of Indian country over which an A gasoline dispensing facility, or
The session in San Francisco will be Indian tribe, or the EPA, has GDF, is any stationary source, such as
held at: EPA Region 9, 75 Hawthorne demonstrated that the tribe has a gas station, that dispenses gasoline
St., San Francisco, California 94105. jurisdiction and where there is no EPA- into the fuel tank of a motor vehicle,
The session in Los Angeles will be held approved minor NSR program in place. motor vehicle engine, nonroad vehicle
at: Los Angeles Federal Building, Room The EPA is proposing this general or nonroad engine. Types of GDFs
E, 300 North Los Angeles Street, Los permit as an option for CAA minor NSR potentially subject to this general permit
Angeles, California 90012. The session preconstruction permitting to help include, but are not limited to, facilities
in Dallas will be held at: EPA Region 6, streamline the EPA’s permitting of that dispense gasoline into on- and off-
Fountain Place, 1445 Ross Ave., Dallas, certain minor sources that construct or road, street, or highway motor vehicles,
Texas 75202. modify in Indian country and belong to lawn equipment, boats, test engines,
the GDF source category. landscaping equipment, generators,
TO REGISTER: Please register at the pumps, and other gasoline-fueled
following link: http:// Comments will be accepted until
DATES:
engines and equipment. New or
wifia.questionpro.com/. November 30, 2016. modified GDF sources with the
FOR FURTHER INFORMATION CONTACT: For ADDRESSES: Documents relevant to the potential to emit regulated NSR
further information about this notice, above-referenced permit are available pollutants over thresholds specified in
including registration information, for public inspection during normal the Federal Indian Country Minor NSR
contact Karen Fligger, EPA business hours at the following address: program regulations at 40 CFR 49.153,
Headquarters, Office of Water, Office of U.S. Environmental Protection Agency, and located within the geographic
Wastewater Management at tel.: 202– Region 9, 75 Hawthorne Street, San boundaries of California and on an
564–2992; or email: WIFIA@epa.gov. Francisco, CA 94105–3901. To arrange Indian reservation or in another area of
Members of the public are invited to for viewing of these documents, call Indian country over which an Indian
Lisa Beckham at (415) 972–3811. Due to tribe or the EPA has demonstrated that
participate in the session as capacity
building security procedures, at least 24 the tribe has jurisdiction, are currently
allows.
hours advance notice is required. subject to permitting requirements
Authority: Water Infrastructure Finance under this EPA minor NSR program.
and Innovation Act, Public Law 113–121. FOR FURTHER INFORMATION CONTACT: Lisa
The general permit that is the subject
Beckham, EPA Region 9, (415) 972–
Dated: September 30, 2016. of this notice is intended to provide a
3811, beckham.lisa@epa.gov. Key
streamlined permitting option for
Andrew D. Sawyers, portions of the administrative record for
owners and operators of qualifying
mstockstill on DSK3G9T082PROD with NOTICES

Director, Office of Wastewater Management. this decision are available through a
GDFs to use to meet the requirements of
[FR Doc. 2016–24377 Filed 10–6–16; 8:45 am] link at Region 9’s Web site, https://
this EPA minor NSR program. However,
www.epa.gov/caa-permitting/california-
BILLING CODE 6560–50–P owners and operators of such GDFs may
tribal-gasoline-permits, or at
instead choose to apply to the EPA for
www.regulations.gov (Docket ID # EPA–
a traditional source-specific permit to
R09–OAR–2016–0580).
meet the preconstruction requirements
SUPPLEMENTARY INFORMATION: of this permitting program rather than

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Document Created: 2018-02-13 16:31:39
Document Modified: 2018-02-13 16:31:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of draft permit.
Dates		Comments will be accepted until November 30, 2016.
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).
FR Citation		81 FR 69814