51240 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 

§ 7.94 Harry S Truman National Historic 

Site. 

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 

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 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 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. 

■ 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 

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 


CPrice-Sewell on DSKGBLS3C1PROD with RULES