Approval and Promulgation of Air Quality Implementation Plans; Illinois; 10-Year FESOP Amendments, 18997-18999 [2014-07560]

Download as PDF Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations The City of Portland has requested that the upper deck of the Steel Bridge remain closed and need not open for vessel traffic in order to facilitate safe efficient movement of event participants in the Race for the Roses event. The Steel Bridge crosses the Willamette River at mile 12.1 and is a double-deck lift bridge with a lower lift deck and an upper lift deck which operate independent of each other. When both decks are in the down position the bridge provides 26 feet of vertical clearance above Columbia River Datum 0.0. When the lower deck is in the up position the bridge provides 71 feet of vertical clearance above Columbia River Datum 0.0. This deviation does not affect the operating schedule of the lower deck which opens on signal. Vessels which do not require an opening of the upper deck of the bridge may continue to transit beneath the bridge and, if needed, may obtain an opening of the lower deck of the bridge for passage during this closure period of the upper deck. Under normal conditions the upper deck of the Steel Bridge operates in accordance with 33 CFR 117.897(c)(3)(ii), which states that from 8 a.m. to 5 p.m. Monday through Friday one hour advance notice shall be given for draw openings and at all other times two hours advance notice shall be given to obtain an opening. This deviation allows the Steel Bridge upper deck to remain in the closed position and need not open for maritime traffic from 7:00 a.m. to 11:00 a.m. on April 13, 2014. The bridge shall operate in accordance with 33 CFR 117.897 at all other times. Waterway usage on this stretch of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Mariners will be notified and kept informed of the bridges’ operational status via the Coast Guard Notice to Mariners publication and Broadcast Notice to Mariners as appropriate. The bridge will be required to open, if needed, for vessels engaged in emergency response operations during this closure period. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. ehiers on DSK2VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Dated: March 19, 2014. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2014–07611 Filed 4–4–14; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 14:32 Apr 04, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2014–0117; FRL–9907–50– Region 5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; 10-Year FESOP Amendments Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving Illinois’ rule revision to extend the term for an initial permit or renewal of a Federally Enforceable State Operating Permit (FESOP) from five years to ten years. Illinois submitted this rule revision for approval on January 9, 2014. 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. This revision meets the Federal requirements found in the June 28, 1989, rule addressing Federal enforceability of FESOPs. This rule revision is expected to reduce the administrative costs of the permitting process for both the affected sources and the Illinois Environmental Protection Agency (IEPA). It will also allow IEPA 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 is effective June 6, 2014, unless EPA receives adverse comments by May 7, 2014. 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–2014–0117, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: damico.genevieve@epa.gov. 3. Fax: (312) 886–0968. 4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Genevieve Damico, 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 SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 18997 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–2014– 0117. 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 email. 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 email 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 Federal holidays. We recommend that you telephone Constantine Blathras, Environmental Engineer, at (312) 886–0671 before visiting the Region 5 office. E:\FR\FM\07APR1.SGM 07APR1 18998 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0671, blathras.constantine@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 action is EPA taking? II. Statutory and Executive Order Reviews. ehiers on DSK2VPTVN1PROD with RULES I. What action is EPA taking? EPA is approving the revisions to Illinois Administrative Code (Ill. Adm. Code) Section 201.162(a) regarding the permit terms for FESOPs. Ill. Adm. Code Section 201.162(a) is a general provision in the Illinois permitting rules that cites the term of a permit. This section has been modified to add a provision stating that a FESOP permit is effective for a permit term not to exceed ten years. IEPA retains the discretion that it currently has under Section 201.162 to issue permits for a term that is shorter than the maximum. This provision does not apply to Title V permits issued by the IEPA. EPA approved the Illinois FESOP program into the state implementation plan (SIP) on December 17, 1992 (57 FR 59928). In its approval of Illinois’ FESOP program, EPA determined that Illinois’ program was consistent with those requirements. On January 9, 2014, IEPA submitted a revision to the FESOP regulations at 35 Ill. Adm. Code Section 201.162 requesting EPA approval as a revision to the SIP to increase the FESOP term from five years to ten years. EPA’s requirements for FESOPs are contained in a June 28, 1989, rule addressing Federal enforceability (54 FR 27274). As such, EPA finds the modifications to 35 Ill. Adm. Code Section 201.162 acceptable. Granting FESOP permits for no longer than ten years will not affect implementation of air pollution control programs or enforcement of air quality standards in the State of Illinois. 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. Illinois’ FESOP program requires the permits to undergo public notice and be subject to public comment. A FESOP does not impact any VerDate Mar<15>2010 14:32 Apr 04, 2014 Jkt 232001 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 initial or renewal terms from five to ten years does not delay the obligation of a source to comply with all applicable requirements. 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 June 6, 2014 without further notice unless we receive relevant adverse written comments by May 7, 2014. 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. 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 June 6, 2014. II. 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 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 June 6, 2014. 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 E:\FR\FM\07APR1.SGM 07APR1 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 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 proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart O—Illinois 2. Section 52.720 is amended by adding paragraph (c)(198) to read as follows: ■ Identification of plan. ehiers on DSK2VPTVN1PROD with RULES * * * * (c) * * * (198) On January 9, 2014, Illinois 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 of Federally Enforceable State Operating Permits from five years to ten years. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control Board; Subchapter a: Permits and General Provisions; Part 201: Permits and General Provisions; Subpart D: Permit Applications and Review Process; Section 201.162: Duration; 14:32 Apr 04, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2009–0805; FRL–9908–70– Region 5] Approval of Air Quality Implementation Plans; Indiana; Ohio; ‘‘Infrastructure’’ SIP State Board Requirements for the 2006 24-Hour PM2.5 NAAQS Pursuant to its authority under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is taking final action to approve elements of state implementation plan (SIP) submissions by the Indiana Department of Environmental Management (IDEM) and the Ohio Environmental Protection Agency (Ohio EPA) to address the section 110 requirements of the CAA for the 2006 24-hour fine particle National Ambient Air Quality Standards (2006 PM2.5 NAAQS). The SIPs under section 110 of the CAA are often referred to as the ‘‘infrastructure’’ SIP, and specifically we are finalizing approval of portions of these states’ submissions intended to meet the applicable state board requirements obligated by section 128 of the CAA. The proposed rule associated with this final action was published on February 7, 2014, and we received no comments. DATES: This final rule is effective on May 7, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2009–0805. 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., Confidential Business Information 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 U.S. 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 SUMMARY: Dated: February 24, 2014. Susan Hedman, Regional Administrator, Region 5. VerDate Mar<15>2010 BILLING CODE 6560–50–P Environmental Protection Agency (EPA). ACTION: Final rule. 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. * [FR Doc. 2014–07560 Filed 4–4–14; 8:45 am] AGENCY: List of Subjects in 40 CFR Part 52 § 52.720 Subsection 201.162(a). Effective December 1, 2010. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 18999 Federal holidays. We recommend that you telephone Andy Chang at (312) 886–0258 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0258, chang.andy@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 the background for this action? II. What action is EPA taking? III. Statutory and Executive Order Reviews I. What is the background for this action? Under sections 110(a)(1) and (2) of the CAA, and implementing EPA policy, states are required to submit to EPA infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2006 PM2.5 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs already met those requirements. EPA highlighted this statutory requirement in an October 2, 2007, guidance document entitled ‘‘Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards’’ (2007 Memo). On September 25, 2009, EPA issued additional guidance pertaining to the 2006 PM2.5 NAAQS entitled ‘‘Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS)’’ (2009 Memo). On October 29, 2012, EPA finalized its approval of the majority of the infrastructure SIP elements for Indiana and Ohio with respect to the 2006 PM2.5 NAAQS (see 77 FR 65478). However, we took no action on the state board requirements of section 110(a)(2)(E)(ii); instead, we committed to address compliance with these requirements at a later time (see 77 FR 65478 at 75480). EPA’s February 7, 2014, proposed rulemaking and today’s final action fulfill that commitment. To assist states with addressing the state board requirements of section 110(a)(2)(E)(ii), EPA issued ‘‘Guidance on Infrastructure SIP Elements Required E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Rules and Regulations]
[Pages 18997-18999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0117; FRL-9907-50-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; 10-Year FESOP Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
Illinois' rule revision to extend the term for an initial permit or 
renewal of a Federally Enforceable State Operating Permit (FESOP) from 
five years to ten years. Illinois submitted this rule revision for 
approval on January 9, 2014. 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. 
This revision meets the Federal requirements found in the June 28, 
1989, rule addressing Federal enforceability of FESOPs. This rule 
revision is expected to reduce the administrative costs of the 
permitting process for both the affected sources and the Illinois 
Environmental Protection Agency (IEPA). It will also allow IEPA 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 is effective June 6, 2014, unless EPA 
receives adverse comments by May 7, 2014. 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-2014-0117, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: damico.genevieve@epa.gov.
    3. Fax: (312) 886-0968.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, 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-
2014-0117. 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 email. 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 email 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 Federal holidays. 
We recommend that you telephone Constantine Blathras, Environmental 
Engineer, at (312) 886-0671 before visiting the Region 5 office.

[[Page 18998]]


FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-0671, blathras.constantine@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 action is EPA taking?
II. Statutory and Executive Order Reviews.

I. What action is EPA taking?

    EPA is approving the revisions to Illinois Administrative Code 
(Ill. Adm. Code) Section 201.162(a) regarding the permit terms for 
FESOPs. Ill. Adm. Code Section 201.162(a) is a general provision in the 
Illinois permitting rules that cites the term of a permit. This section 
has been modified to add a provision stating that a FESOP permit is 
effective for a permit term not to exceed ten years. IEPA retains the 
discretion that it currently has under Section 201.162 to issue permits 
for a term that is shorter than the maximum. This provision does not 
apply to Title V permits issued by the IEPA.
    EPA approved the Illinois FESOP program into the state 
implementation plan (SIP) on December 17, 1992 (57 FR 59928). In its 
approval of Illinois' FESOP program, EPA determined that Illinois' 
program was consistent with those requirements. On January 9, 2014, 
IEPA submitted a revision to the FESOP regulations at 35 Ill. Adm. Code 
Section 201.162 requesting EPA approval as a revision to the SIP to 
increase the FESOP term from five years to ten years. EPA's 
requirements for FESOPs are contained in a June 28, 1989, rule 
addressing Federal enforceability (54 FR 27274). As such, EPA finds the 
modifications to 35 Ill. Adm. Code Section 201.162 acceptable.
    Granting FESOP permits for no longer than ten years will not affect 
implementation of air pollution control programs or enforcement of air 
quality standards in the State of Illinois. 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. Illinois' FESOP program 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 initial or renewal terms 
from five to ten years does not delay the obligation of a source to 
comply with all applicable requirements.
    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 June 6, 2014 
without further notice unless we receive relevant adverse written 
comments by May 7, 2014. 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. 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 
June 6, 2014.

II. 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 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 June 6, 2014. 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

[[Page 18999]]

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 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: February 24, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(198) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (198) On January 9, 2014, Illinois 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 of Federally Enforceable State Operating Permits from five years 
to ten years.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: 
Pollution Control Board; Subchapter a: Permits and General Provisions; 
Part 201: Permits and General Provisions; Subpart D: Permit 
Applications and Review Process; Section 201.162: Duration; Subsection 
201.162(a). Effective December 1, 2010.
[FR Doc. 2014-07560 Filed 4-4-14; 8:45 am]
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