[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20599-20601]
From the Federal Register Online via the Government Publishing 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.

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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. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    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, [email protected].

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]
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