Approval and Promulgation of Air Quality Implementation Plans; Indiana; Extended Permit Terms for Renewal of Federally Enforceable State Operating Permits, 20599-20601 [E9-10335]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
(f) Service. (1) The party requesting
issuance of a subpoena shall arrange for
service.
(2) A subpoena may be served by a
United States marshal or deputy
marshal, or by any other person who is
not a party and not less than 18 years
of age. Service of a subpoena upon a
person named therein shall be made by
personally delivering a copy to that
person and tendering the fees for one
day’s attendance and the mileage
provided by 28 U.S.C. 1821 or other
applicable law.
(3) The party at whose instance a
subpoena is issued shall be responsible
for the payment of fees and mileage of
the witness and of the officer who
serves the subpoena. The failure to
make payment of such charges on
demand may be deemed by the Board as
a sufficient ground for striking the
testimony of the witness and the
evidence the witness has produced.
(g) Contumacy or refusal to obey a
subpoena. In case of contumacy or
refusal to obey a subpoena by a person
who resides, is found, or transacts
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§ 955.36
Effective dates and applicability.
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proceedings in all cases docketed by the
Board on or after June 1, 2009.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–10336 Filed 5–1–09; 11:15 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0031; FRL–8899–3]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Extended Permit Terms for Renewal of
Federally Enforceable State Operating
Permits
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving Indiana’s
rule revision to extend permit terms for
the renewal of Federally Enforceable
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State Operating Permits (FESOPs) from
five years to ten years. Indiana
submitted this rule revision for approval
on December 19, 2007. FESOPs apply to
non-major sources that obtain
enforceable limits to avoid being subject
to certain Clean Air Act (Act)
requirements, including the Title V
operating permit program. Neither the
Act nor its implementing regulations
specify a permit-term requirement for
FESOPs. This rule revision will provide
relief to Indiana’s resource burden of
processing permit renewals. It will also
allow the Indiana Department of
Environmental Management (IDEM) to
devote more resources to major source
Title V permitting actions and permit
modifications for both Title V and
FESOP sources.
DATES: This direct final rule will be
effective July 6, 2009, unless EPA
receives adverse comments by June 4,
2009. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2008–0031, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2008–
0031. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
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20599
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Sam Portanova,
Environmental Engineer, at (312) 886–
3189 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189,
Portanova.sam@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What Is Being Addressed in This
Document?
II. What Are the Changes That EPA Is
Approving?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
E:\FR\FM\05MYR1.SGM
05MYR1
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
I. What Is Being Addressed in This
Document?
We are approving revisions to the
State of Indiana’s FESOP regulations.
EPA approved the Indiana FESOP
program into the state implementation
plan (SIP) on August 18, 1995 (60 FR
43008). On December 19, 2007, IDEM
submitted revisions to the FESOP
regulations requesting EPA approval as
a revision to the SIP. This submittal
includes revisions to 326 IAC 2–1.1–9.5
and 326 IAC 2–8–4 to extend FESOP
permit renewal terms for up to ten
years. We have determined that this
submittal is approvable.
II. What Are the Changes That EPA Is
Approving?
326 IAC 2–1.1–9.5 is a general
provision in the Indiana permitting
rules that cites the term of a permit.
This section has been modified to add
a provision (326 IAC 2–1.1–9.5(b))
stating that a FESOP permit renewal is
effective for a permit term not to exceed
ten years. The rule modification also
states that a minor source operating
permit (MSOP) renewal is effective for
a permit term not to exceed ten years.
However, MSOPs are not part of the
Indiana SIP and MSOP rules are
specifically excluded from Indiana’s
December 19, 2007, request.
Indiana has modified 326 IAC 2–8–
4(2)(B) to increase the permit term for
FESOP renewals from five years to ten
years. In addition, Indiana has made
some minor grammatical changes to 326
IAC 2–8–4. The change in permit term
only applies to FESOP renewals and not
to a source’s first-time FESOP permit,
which will continue to have a permit
term of five years pursuant to 326 IAC
2–8–4(2)(A). This provision does not
apply to Title V permits issued by IDEM
under 326 IAC 2–7.
EPA’s requirements for FESOPs are
contained in a June 28, 1989, rule
addressing federal enforceability (54 FR
27274). In its August 18, 1995, approval
of FESOP rule 326 IAC 2–8, EPA
determined that Indiana’s regulation
was consistent with those requirements.
EPA’s June 28, 1989, rule does not
require a specific permit term for
FESOPs. As such, EPA finds the
modifications to 326 IAC 2–1.1–9.5 and
326 IAC 2–8–4 acceptable.
III. What Action Is EPA Taking?
EPA is approving the revisions to 326
IAC 2–1.1–9.5 and 326 IAC 2–8–4
regarding the permit terms for FESOP
renewals. We are publishing this action
without prior proposal because we view
this as a noncontroversial amendment
and anticipate no adverse comments.
VerDate Nov<24>2008
22:59 May 04, 2009
Jkt 217001
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective July 6, 2009 without further
notice unless we receive relevant
adverse written comments by June 4,
2009. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
July 6, 2009.
IV. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 6, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
E:\FR\FM\05MYR1.SGM
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Kentucky;
Section 110(a)(1) Maintenance Plans
for the 1997 8-Hour Ozone Standard for
the Huntington-Ashland Area,
Lexington Area and Edmonson
County; Withdrawal of Direct Final
Rule
Dated: April 20, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
Environmental Protection
Agency (EPA).
AGENCY:
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.770 is amended by
adding and reserving paragraph (c)(189)
and adding paragraph (c)(190) to read as
follows:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(189) [Reserved]
(190) On December 19, 2007, Indiana
submitted modifications to its Federally
Enforceable State Operating Permits
rules as a revision to the state
implementation plan. The revision
extends the maximum permit term for
renewals of Federally Enforceable State
Operating Permits from five years to ten
years. EPA has determined that this
revision is approvable under the Clean
Air Act.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title
326, Article 2: Permit Review Rules,
sections 2–1.1–9.5, ‘‘General provisions;
term of permit’’, and 2–8–4, ‘‘Permit
content’’, are incorporated by reference.
Filed with the Publisher of the Indiana
Register on November 16, 2007, and
became effective on December 16, 2007.
Published in the Indiana Register on
December 13, 2007 (20071212–IR–
326060487FRA).
[FR Doc. E9–10335 Filed 5–4–09; 8:45 am]
BILLING CODE 6560–50–P
VerDate Nov<24>2008
22:59 May 04, 2009
Jkt 217001
40 CFR Part 52
[EPA–R04–OAR–2007–1186–200821(w);
FRL–8900–4]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
§ 52.770
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Withdrawal of direct final rule.
Due to an adverse comment,
EPA is withdrawing the direct final rule,
published March 25, 2009, approving a
revision to the State Implementation
Plan (SIP) of the Commonwealth of
Kentucky. This revision was provided
in accordance with Kentucky’s
obligations to meet the statutory and
regulatory requirements related to the
1997 8-hour ozone standard and section
110(a)(1) of the Clean Air Act for the
Huntington-Ashland Area, Lexington
Area and Edmonson County. As stated
in the direct final rule, if EPA received
an adverse comment by April 24, 2009,
the rule would be withdrawn and not
take effect. EPA subsequently received
an adverse comment on April 17, 2009.
EPA will address the comment in a
subsequent final action based upon the
proposed action also published on
March 25, 2009. EPA will not institute
a second comment period on this action.
SUMMARY:
DATES: The direct final rule published
March 25, 2009, at 74 FR 12567, is
withdrawn effective May 5, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9040.
Ms. Benjamin can also be reached via
electronic mail at
benjamin.lynorae@epa.gov.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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20601
Dated: April 24, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
Accordingly, the amendments to 40
CFR 52.920 (which were published in
the Federal Register on March 25, 2009,
at 74 FR 12567) are withdrawn effective
May 5, 2009.
[FR Doc. E9–10333 Filed 5–4–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–834; MB Docket No. 08–217; RM–
11434]
Radio Broadcasting Services; Kihei,
Hawaii.
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The staff grants a rulemaking
petition filed by Shirk-Mays, LLC to
allot Channel 264C2 to Kihei, Hawaii, as
a third local aural service. The reference
coordinates for Channel 264C2 at Kihei,
Hawaii, are 20–39–36 NL and 156–21–
50 WL.
DATES: Effective June 1, 2009.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–217,
adopted April 15, 2009, and released
April 17, 2009. The full text of this
Report and Order is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The complete text of this
decision may also be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–378–3160 or https://
www.BCPIWEB.com.
The Notice of Proposed Rule Making
in this proceeding proposed the
allotment of Channel 264C2 at Kihei,
Hawaii. See 73 FR 67828 (November 17,
2008). The Report and Order does not
contain proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
E:\FR\FM\05MYR1.SGM
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Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20599-20601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10335]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0031; FRL-8899-3]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Extended Permit Terms for Renewal of Federally Enforceable
State Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Indiana's rule revision to extend permit
terms for the renewal of Federally Enforceable State Operating Permits
(FESOPs) from five years to ten years. Indiana submitted this rule
revision for approval on December 19, 2007. FESOPs apply to non-major
sources that obtain enforceable limits to avoid being subject to
certain Clean Air Act (Act) requirements, including the Title V
operating permit program. Neither the Act nor its implementing
regulations specify a permit-term requirement for FESOPs. This rule
revision will provide relief to Indiana's resource burden of processing
permit renewals. It will also allow the Indiana Department of
Environmental Management (IDEM) to devote more resources to major
source Title V permitting actions and permit modifications for both
Title V and FESOP sources.
DATES: This direct final rule will be effective July 6, 2009, unless
EPA receives adverse comments by June 4, 2009. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0031, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0031. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Sam Portanova, Environmental Engineer, at
(312) 886-3189 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, Portanova.sam@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Is Being Addressed in This Document?
II. What Are the Changes That EPA Is Approving?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
[[Page 20600]]
I. What Is Being Addressed in This Document?
We are approving revisions to the State of Indiana's FESOP
regulations. EPA approved the Indiana FESOP program into the state
implementation plan (SIP) on August 18, 1995 (60 FR 43008). On December
19, 2007, IDEM submitted revisions to the FESOP regulations requesting
EPA approval as a revision to the SIP. This submittal includes
revisions to 326 IAC 2-1.1-9.5 and 326 IAC 2-8-4 to extend FESOP permit
renewal terms for up to ten years. We have determined that this
submittal is approvable.
II. What Are the Changes That EPA Is Approving?
326 IAC 2-1.1-9.5 is a general provision in the Indiana permitting
rules that cites the term of a permit. This section has been modified
to add a provision (326 IAC 2-1.1-9.5(b)) stating that a FESOP permit
renewal is effective for a permit term not to exceed ten years. The
rule modification also states that a minor source operating permit
(MSOP) renewal is effective for a permit term not to exceed ten years.
However, MSOPs are not part of the Indiana SIP and MSOP rules are
specifically excluded from Indiana's December 19, 2007, request.
Indiana has modified 326 IAC 2-8-4(2)(B) to increase the permit
term for FESOP renewals from five years to ten years. In addition,
Indiana has made some minor grammatical changes to 326 IAC 2-8-4. The
change in permit term only applies to FESOP renewals and not to a
source's first-time FESOP permit, which will continue to have a permit
term of five years pursuant to 326 IAC 2-8-4(2)(A). This provision does
not apply to Title V permits issued by IDEM under 326 IAC 2-7.
EPA's requirements for FESOPs are contained in a June 28, 1989,
rule addressing federal enforceability (54 FR 27274). In its August 18,
1995, approval of FESOP rule 326 IAC 2-8, EPA determined that Indiana's
regulation was consistent with those requirements. EPA's June 28, 1989,
rule does not require a specific permit term for FESOPs. As such, EPA
finds the modifications to 326 IAC 2-1.1-9.5 and 326 IAC 2-8-4
acceptable.
III. What Action Is EPA Taking?
EPA is approving the revisions to 326 IAC 2-1.1-9.5 and 326 IAC 2-
8-4 regarding the permit terms for FESOP renewals. We are publishing
this action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments. However,
in the proposed rules section of this Federal Register publication, we
are publishing a separate document that will serve as the proposal to
approve the state plan if relevant adverse written comments are filed.
This rule will be effective July 6, 2009 without further notice unless
we receive relevant adverse written comments by June 4, 2009. If we
receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on the proposed action. The EPA will
not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective July 6, 2009.
IV. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 6, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the
[[Page 20601]]
proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 20, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.770 is amended by adding and reserving paragraph (c)(189)
and adding paragraph (c)(190) to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(189) [Reserved]
(190) On December 19, 2007, Indiana submitted modifications to its
Federally Enforceable State Operating Permits rules as a revision to
the state implementation plan. The revision extends the maximum permit
term for renewals of Federally Enforceable State Operating Permits from
five years to ten years. EPA has determined that this revision is
approvable under the Clean Air Act.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326, Article 2: Permit Review
Rules, sections 2-1.1-9.5, ``General provisions; term of permit'', and
2-8-4, ``Permit content'', are incorporated by reference. Filed with
the Publisher of the Indiana Register on November 16, 2007, and became
effective on December 16, 2007. Published in the Indiana Register on
December 13, 2007 (20071212-IR-326060487FRA).
[FR Doc. E9-10335 Filed 5-4-09; 8:45 am]
BILLING CODE 6560-50-P