Approval and Promulgation of Air Quality Implementation Plans; Indiana; Extended Permit Terms for Renewal of Federally Enforceable State Operating Permits, 51240-51241 [E9-23938]
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Site.
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations
Harry S Truman National Historic
The Truman Home structure at Harry
S Truman National Historic Site is
closed to all public use and access until
June 1, 2010.
Dated: September 24, 2009.
Will Shafroth,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E9–24020 Filed 10–5–09; 8:45 am]
BILLING CODE 4312–BA–P
ENVIRONMENTAL PROTECTION
AGENCY
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal 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:
40 CFR Part 52
[EPA–R05–OAR–2008–0031; FRL–8963–4]
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: Final rule.
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VerDate Nov<24>2008
13:16 Oct 05, 2009
Jkt 220001
I. What Did EPA Propose?
II. What Comments Did We Receive on the
Proposed Action?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. What Did EPA Propose?
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 enable
non-major sources to obtain federally
enforceable limits that keep them below
certain Clean Air Act (Act) applicability
thresholds. EPA published proposed
and direct final approvals of this request
on May 5, 2009. We received adverse
comments on our proposed rulemaking,
which are addressed below. As a result,
EPA withdrew the direct final approval
on June 17, 2009.
DATES: This final rule is effective on
November 5, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2008–0031. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) 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 either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
SUMMARY:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
Section is arranged as follows:
On December 19, 2007, the Indiana
Department of Environmental
Management (IDEM) requested that EPA
approve a rule revision to extend permit
terms for the renewal of FESOPs from
five years to ten years. On May 5, 2009,
EPA published a proposed (74 FR
20665) and direct final (74 FR 20599)
approval of this request. EPA received
adverse comments on this action and
withdrew the direct final approval on
June 17, 2009 (74 FR 28616).
II. What Comments Did We Receive on
the Proposed Action?
EPA received one comment letter
with two comments from Valley Watch,
Inc.
Comment: Permit terms of five years
are sometimes too long to account for
changes in technology or other
circumstances that make some
conditions obsolete fairly quickly.
Extending those terms will have a
negative impact on the health of Valley
Watch members and is, in general, bad
public policy.
Response: Sources must comply with
all applicable requirements of the Act
regardless of the length of a FESOP’s
term or the timing of its issuance.
FESOPs generally contain limits on the
operations of the plant, e.g., materials
used and hours of operation, which
effectively restrict the source’s potential
to emit. See 54 FR 27281 (June 28,
1989). An approvable FESOP program
such as Indiana’s requires the permits to
undergo public notice and be subject to
public comment. A FESOP does not
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
impact any previously or newly
applicable substantive requirements of
the Act, such as new maximum
achievable control technology standards
under Section 112. Such provisions
remain independently enforceable.
Similarly, FESOP holders will still need
to meet all applicable requirements
under the Act, including those related to
new construction. As such, an extension
of FESOP renewal terms from five to ten
years does not delay the obligation of a
source to comply with all applicable
requirements.
Comment: Indiana has significantly
cut back on its ability to do inspections
at both FESOP and bigger polluters.
IDEM has taken away the inspection
responsibilities of numerous local
government agencies by stripping them
of their financial and statutory support.
Response: The length of a FESOP’s
term does not affect IDEM’s ability to
conduct inspections at sources. The
issue raised by the commenter is not
related to the rulemaking action being
addressed in this notice.
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.
IV. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a State
Implementation Plan (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
E:\FR\FM\06OCR1.SGM
06OCR1
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations
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 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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 7, 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. This action may not
be challenged later in proceedings to
VerDate Nov<24>2008
13:16 Oct 05, 2009
Jkt 220001
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: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 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 paragraph (c)(189) to read as
follows:
■
§ 52.770
Identification of plan.
*
*
*
*
*
(c) * * *
(189) 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. E9–23938 Filed 10–5–09; 8:45 am]
BILLING CODE 6560–50–P
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51241
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XR10
Atlantic Highly Migratory Species;
Inseason Action to Close the
Commercial Sandbar Shark Research
Fishery
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Fishery closure.
SUMMARY: NMFS is closing the
commercial sandbar shark research
fishery. This action is necessary because
NMFS estimated that landings in this
fishery have exceeded 80 percent of the
available quota.
DATES: The commercial sandbar shark
research fishery is closed effective 11:30
p.m. local time October 13, 2009, until
the effective date of the final 2010 shark
season specifications in which NMFS
will publish a separate document in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Guy DuBeck,
301–713–2347; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations found at 50 CFR part 635
and issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Under § 635.5(b)(1), shark dealers are
required to report to NMFS, every two
weeks, on all Atlantic sharks they have
received. Dealer reports for fish received
between the 1st and 15th of the month
must be received by NMFS by the 25th
of that month. Dealer reports for fish
received between the 16th and the end
of any month must be received by
NMFS by the 10th of the following
month. In addition, shark landings
within the shark research fishery are
monitored via scientific observer
reports. Under 50 CFR 635.28(b)(2),
when NMFS projects that fishing season
landings for a specific shark quota have
reached or are about to reach 80 percent
of the available quota, NMFS will file
for publication with the Office of the
Federal Register a notice of closure for
that shark species group that will be
effective no fewer than 5 days from the
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Rules and Regulations]
[Pages 51240-51241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23938]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0031; FRL-8963-4]
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: 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 enable non-major
sources to obtain federally enforceable limits that keep them below
certain Clean Air Act (Act) applicability thresholds. EPA published
proposed and direct final approvals of this request on May 5, 2009. We
received adverse comments on our proposed rulemaking, which are
addressed below. As a result, EPA withdrew the direct final approval on
June 17, 2009.
DATES: This final rule is effective on November 5, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2008-0031. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) 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 either
electronically through 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
Federal 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 Did EPA Propose?
II. What Comments Did We Receive on the Proposed Action?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. What Did EPA Propose?
On December 19, 2007, the Indiana Department of Environmental
Management (IDEM) requested that EPA approve a rule revision to extend
permit terms for the renewal of FESOPs from five years to ten years. On
May 5, 2009, EPA published a proposed (74 FR 20665) and direct final
(74 FR 20599) approval of this request. EPA received adverse comments
on this action and withdrew the direct final approval on June 17, 2009
(74 FR 28616).
II. What Comments Did We Receive on the Proposed Action?
EPA received one comment letter with two comments from Valley
Watch, Inc.
Comment: Permit terms of five years are sometimes too long to
account for changes in technology or other circumstances that make some
conditions obsolete fairly quickly. Extending those terms will have a
negative impact on the health of Valley Watch members and is, in
general, bad public policy.
Response: Sources must comply with all applicable requirements of
the Act regardless of the length of a FESOP's term or the timing of its
issuance. FESOPs generally contain limits on the operations of the
plant, e.g., materials used and hours of operation, which effectively
restrict the source's potential to emit. See 54 FR 27281 (June 28,
1989). An approvable FESOP program such as Indiana's requires the
permits to undergo public notice and be subject to public comment. A
FESOP does not impact any previously or newly applicable substantive
requirements of the Act, such as new maximum achievable control
technology standards under Section 112. Such provisions remain
independently enforceable. Similarly, FESOP holders will still need to
meet all applicable requirements under the Act, including those related
to new construction. As such, an extension of FESOP renewal terms from
five to ten years does not delay the obligation of a source to comply
with all applicable requirements.
Comment: Indiana has significantly cut back on its ability to do
inspections at both FESOP and bigger polluters. IDEM has taken away the
inspection responsibilities of numerous local government agencies by
stripping them of their financial and statutory support.
Response: The length of a FESOP's term does not affect IDEM's
ability to conduct inspections at sources. The issue raised by the
commenter is not related to the rulemaking action being addressed in
this notice.
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.
IV. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a State
Implementation Plan (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
[[Page 51241]]
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 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 7, 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. 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: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
40 CFR part 52 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 paragraph (c)(189) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(189) 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. E9-23938 Filed 10-5-09; 8:45 am]
BILLING CODE 6560-50-P
