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



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: [email protected].
    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, [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 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. 
    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:


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 

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]