Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 18997 

SUPPLEMENTARY INFORMATION: 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. 

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 

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. 


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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. 

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 


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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 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 

■ 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: 

§ 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] 

BILLING CODE 6560–50–P 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 

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 


ehiers on DSK2VPTVN1PROD with RULES