Approval and Promulgation of Air Quality Implementation Plans; Indiana; Open Burning Rule, 72979-72981 [2014-28798]
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Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations
§ 52.2570
Identification of plan.
*
*
*
*
(c) * * *
(133) On February 24, 2014, the
Wisconsin Department of Natural
Resources submitted revisions to its
nitrogen oxide (NOX) combustion
turbine rule for the Milwaukee-Racine
former nonattainment area for the 1997
ozone standard. This revision is
contained in ‘‘2013 Wisconsin Act 91—
Senate Bill 371’’ which allows
alternative NOX emission requirements
for simple cycle combustion turbines,
that undergo a modification on or after
February 1, 2001, if dry low NOX
combustion is not technically or
economically feasible. This revision is
approvable because it provides for
alternative NOX requirements subject to
EPA approval on a case-by-case basis
and therefore satisfies the reasonably
available control technology (RACT)
requirements of the Clean Air Act (Act).
(i) Incorporation by reference.
Wisconsin statute, Section 285.27(3m),
Exemption from Standards for Certain
Combustion Turbines, as revised by
2013 Wisconsin Act 91 enacted
December 13, 2013. (A copy of 2013
Wisconsin Act 91 is attached to Section
285.27(3m) to verify the enactment
date.)
[FR Doc. 2014–28727 Filed 12–8–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0968; FRL–9920–15–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Open Burning Rule
AGENCY:
Environmental Protection
Agency.
Final rule.
ACTION:
The Environmental Protection
Agency (EPA) is approving a November
14, 2011, request by Indiana to revise
the state implementation plan (SIP) to
update the open burning provisions in
Title 326 of the Indiana Administrative
Code (IAC), Article 4, Rule 1 (326 IAC
4–1), Open Burning Rule. This action
applies statewide, with the exception of
Clark, Floyd, Lake and Porter counties.
EPA is approving this rule for
attainment counties and is taking no
action on the rule for Clark, Floyd, Lake
and Porter counties which are
nonattainment or maintenance areas for
ozone (O3) or particulate matter (PM).
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SUMMARY:
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This final rule is effective on
January 8, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0968. 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 Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@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:
DATES:
*
I. What is EPA addressing in this document?
II. Public Comments Received and EPA’s
Response
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is EPA addressing in this
document?
On September 17, 2014 (79 FR 55641,
79 FR 55712), EPA published a direct
final approval of revisions to 326 IAC 4–
1, Indiana’s open burning rule. The
revisions improve and expand the
applicability of open burning and its
impact on air quality statewide.
On November 5, 2014, EPA withdrew
the direct final approval because of an
adverse comment (79 FR 65589). In this
document EPA is responding to the
comment and taking final action to
approve Indiana’s SIP revision request.
II. Public Comment Received and EPA’s
Response
EPA received one adverse comment
on the September 17, 2014, proposed
approval of this Indiana rule.
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72979
Comment: Commenter disagrees with
approval of Indiana’s open burning rule.
Commenter says the wind in Indiana
moves in an easterly direction and that
fine PM emissions from Indiana
contributes to the cause of serious
health effects (lung cancer, heart attacks,
strokes, asthma, pneumonia, and
allergies) for all people breathing the
polluted air from Indiana. The
commenter also said that the allowance
of open burning hurts the nation and
raises the concern of huge health costs
for people breathing dirty air from
Indiana.
EPA Response: EPA agrees that
exposure to fine PM may be linked to
a number of health related problems.
The revision to rule 326 IAC 4–1
strengthens Indiana’s existing open
burning rule by reducing the amount of
open burning allowed to take place in
Indiana, thereby reducing the exposure
of the general population to PM
emissions and minimizing health care
costs.
III. What action is EPA taking?
EPA is approving the November 14,
2011, request by IDEM to revise
Indiana’s SIP to update 326 IAC 4–1,
Indiana’s Open Burning Rule, because
reducing open burning will reduce PM,
volatile organic compounds, and other
pollutants. EPA’s action applies
statewide, with the exception of Clark,
Floyd, Lake and Porter counties. EPA is
taking no action in Clark, Floyd, Lake,
and Porter counties which are
nonattainment or maintenance areas for
O3 or PM.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Clean Air 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.);
E:\FR\FM\09DER1.SGM
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72980
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations
• 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 (Public Law 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).
This rule is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 February 9, 2015.
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, Emission reporting,
Incorporation by reference, Ozone,
Volatile organic compounds.
Dated: November 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.
2. In § 52.770, the table in paragraph
(c) is amended by revising the entries
under the subheading entitled ‘‘Article
4. Burning Regulations’’ and by adding
footnote 1 to the end of the table to read
as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
*
Indiana
effective date
Subject
*
*
EPA Approval date
*
*
*
Article 4. Burning Regulations
Rule 1. Open Burning 1
4–1–0.5 ............
4–1–1 ...............
4–1–2 ...............
4–1–3 ...............
4–1–4 ...............
4–1–4.1 ............
4–1–4.2 ............
4–1–4.3 ............
Definitions ...........................................
Scope .................................................
Prohibition against open burning .......
Exemptions .........................................
Emergency burning ............................
Open burning approval; criteria and
conditions.
Open burning; approval revocation ....
Open burning approval; delegation of
authority.
02/10/2001
02/10/2001
02/10/2001
10/28/2011
10/28/2011
12/15/2002
12/9/2014,
12/9/2014,
12/9/2014,
12/9/2014,
12/9/2014,
12/9/2014,
[insert
[insert
[insert
[insert
[insert
[insert
Federal
Federal
Federal
Federal
Federal
Federal
Register
Register
Register
Register
Register
Register
citation].
citation].
citation].
citation].
citation].
citation].
02/10/2001
02/10/2001
12/9/2014, [insert Federal Register citation].
12/9/2014, [insert Federal Register citation].
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Rule 2. Incinerators
4–2–1 ...............
4–2–2 ...............
4–2–3 ...............
VerDate Sep<11>2014
Applicability .........................................
Incinerators .........................................
Portable incinerators (Repealed) .......
12:49 Dec 08, 2014
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12/15/2002
12/15/2002
12/15/2002
Frm 00014
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11/30/2004, 69 FR 69531.
11/30/2004, 69 FR 69531.
11/30/2004, 69 FR 69531.
Sfmt 4700
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Notes
*
72981
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana citation
Indiana
effective date
Subject
*
*
*
EPA Approval date
*
*
*
Notes
*
1 EPA
is approving this rule for the counties of Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clay, Clinton,
Crawford, Daviess, Dearborn, Decatur, De Kalb, Delaware, Dubois, Elkhart, Fayette, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, La Porte,
Lagrange, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke,
Perry, Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, St. Joseph, Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White, and Whitley.
*
*
*
*
*
[FR Doc. 2014–28798 Filed 12–8–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2012–0781; FLR–9920–18–
Region 9]
Redesignation Request and
Maintenance Plan for PM2.5; Yuba CityMarysville; California
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve, as a revision of the California
state implementation plan (SIP), the
State’s request to redesignate the Yuba
City-Marysville nonattainment area to
attainment for the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standard. The EPA
is also taking final action to approve the
PM2.5 maintenance plan and the
associated motor vehicle emissions
budgets for use in transportation
conformity determinations necessary for
the Yuba City-Marysville area. Finally,
the EPA is taking final action to approve
the attainment year emissions
inventory. The EPA is approving this
revision because it meets the
requirements of the Clean Air Act and
EPA guidance for such plans, motor
vehicle emissions budgets, and
inventories.
DATES: This final rule is effective on
January 8, 2015.
ADDRESSES: The EPA has established a
docket for this action: Docket ID No.
EPA–R09–2012–0781. Generally,
documents in the docket for this action
are available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
SUMMARY:
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, Air Planning Office (AIR–2),
U.S. Environmental Protection Agency,
Region IX, (415) 972–3963,
ungvarsky.john@epa.gov.
I. Summary of Today’s Final Action
A. Background
II. What comments did the EPA receive on
the proposed rule?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews
I. Summary of Today’s Final Action
Under Clean Air Act (CAA or ‘‘the
Act’’) section 107(d)(3)(D), the EPA is
approving the State’s request to
redesignate the Yuba City-Marysville
PM2.5 nonattainment area 1 to attainment
for the 2006 24-hour PM2.5 National
Ambient Air Quality Standard (NAAQS
or ‘‘standard’’). We are doing so based
on our conclusion that the area has met
the five criteria for redesignation under
CAA section 107(d)(3)(E): (1) That the
area has attained the 24-hour PM2.5
NAAQS in the 2010–2012 time period
and that the area continues to attain the
PM2.5 standard since that time; (2) that
relevant portions of the California state
implementation plan (SIP) are fully
approved; (3) that the improvement in
air quality is due to permanent and
enforceable reductions in emissions; (4)
that California has met all requirements
applicable to the Yuba City-Marysville
PM2.5 nonattainment area with respect
to section 110 and part D of the CAA;
and (5) that the Yuba City-Marysville
PM2.5 Redesignation Request and
1 The boundaries for this area are described in 40
CFR 81.305.
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Maintenance Plan (‘‘Yuba CityMarysville PM2.5 Plan’’ or ‘‘Plan’’) 2
meets the requirements of section 175A
of the CAA.
In addition, under CAA section
110(k)(3), the EPA is approving the
Yuba City-Marysville PM2.5 Plan as a
revision to the California SIP. The EPA
finds that the maintenance
demonstration shows how the area will
continue to attain the 2006 24-hour
PM2.5 NAAQS for at least 10 years
beyond redesignation (i.e., through
2024), and that the contingency
provisions describing the actions that
the Feather River Air Quality
Management District (FRAQMD) will
take in the event of a future monitored
violation meet all applicable
requirements for maintenance plans and
related contingency provisions in CAA
section 175A. The EPA is also
approving the motor vehicle emissions
budgets (MVEBs) in the Yuba CityMarysville PM2.5 Plan because we find
that the MVEBs meet the applicable
transportation conformity requirements
under 40 CFR 93.118(e). Finally, the
EPA is approving the 2011 emissions
inventory included in the Yuba CityMarysville PM2.5 Plan as the attainment
year emissions inventory because it
meets the requirements of CAA section
172(c)(3).
The EPA is finalizing these actions
because they meet the requirements of
the CAA, its implementing regulations,
2 See letter from Richard W. Corey, Executive
Officer, California Air Resources Board, to Jared
Blumenfeld, Regional Administrator, EPA Region 9,
dated May 23, 2013, with attachments. On February
20, 2014, the California Air Resources Board
(CARB) submitted to the EPA a technical
supplement to the Yuba City-Marysville PM2.5 Plan
(‘‘technical supplement’’). The technical
supplement included: A Staff Report titled ‘‘Minor
Updates to Yuba City-Marysville PM2.5 Maintenance
Plan and Redesignation Request’’ (‘‘CARB 2014
Staff Report’’); a letter from Christopher D. Brown,
Air Pollution Control Officer, FRAQMD to Deborah
Jordan, Director, Air Division, USEPA Region 9, and
Richard Corey, Executive Officer, CARB, clarify the
contingency plan; a notice of February 20, 2014
public meeting to consider approval of minor
updates to the Yuba City-Marysville PM2.5
Maintenance Plan and Redesignation Request;
transcripts from February 20, 2014 CARB Board
meeting; and Board Resolution 14–6.
E:\FR\FM\09DER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72979-72981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28798]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0968; FRL-9920-15-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Open Burning Rule
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
November 14, 2011, request by Indiana to revise the state
implementation plan (SIP) to update the open burning provisions in
Title 326 of the Indiana Administrative Code (IAC), Article 4, Rule 1
(326 IAC 4-1), Open Burning Rule. This action applies statewide, with
the exception of Clark, Floyd, Lake and Porter counties. EPA is
approving this rule for attainment counties and is taking no action on
the rule for Clark, Floyd, Lake and Porter counties which are
nonattainment or maintenance areas for ozone (O3) or
particulate matter (PM).
DATES: This final rule is effective on January 8, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2011-0968. 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 Charles Hatten,
Environmental Engineer, at (312) 886-6031 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@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 EPA addressing in this document?
II. Public Comments Received and EPA's Response
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is EPA addressing in this document?
On September 17, 2014 (79 FR 55641, 79 FR 55712), EPA published a
direct final approval of revisions to 326 IAC 4-1, Indiana's open
burning rule. The revisions improve and expand the applicability of
open burning and its impact on air quality statewide.
On November 5, 2014, EPA withdrew the direct final approval because
of an adverse comment (79 FR 65589). In this document EPA is responding
to the comment and taking final action to approve Indiana's SIP
revision request.
II. Public Comment Received and EPA's Response
EPA received one adverse comment on the September 17, 2014,
proposed approval of this Indiana rule.
Comment: Commenter disagrees with approval of Indiana's open
burning rule. Commenter says the wind in Indiana moves in an easterly
direction and that fine PM emissions from Indiana contributes to the
cause of serious health effects (lung cancer, heart attacks, strokes,
asthma, pneumonia, and allergies) for all people breathing the polluted
air from Indiana. The commenter also said that the allowance of open
burning hurts the nation and raises the concern of huge health costs
for people breathing dirty air from Indiana.
EPA Response: EPA agrees that exposure to fine PM may be linked to
a number of health related problems. The revision to rule 326 IAC 4-1
strengthens Indiana's existing open burning rule by reducing the amount
of open burning allowed to take place in Indiana, thereby reducing the
exposure of the general population to PM emissions and minimizing
health care costs.
III. What action is EPA taking?
EPA is approving the November 14, 2011, request by IDEM to revise
Indiana's SIP to update 326 IAC 4-1, Indiana's Open Burning Rule,
because reducing open burning will reduce PM, volatile organic
compounds, and other pollutants. EPA's action applies statewide, with
the exception of Clark, Floyd, Lake and Porter counties. EPA is taking
no action in Clark, Floyd, Lake, and Porter counties which are
nonattainment or maintenance areas for O3 or PM.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air 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.);
[[Page 72980]]
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 (Public Law 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).
This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it 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 February 9, 2015. 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, Emission
reporting, Incorporation by reference, Ozone, Volatile organic
compounds.
Dated: November 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.
0
2. In Sec. 52.770, the table in paragraph (c) is amended by revising
the entries under the subheading entitled ``Article 4. Burning
Regulations'' and by adding footnote 1 to the end of the table to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA Approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 4. Burning Regulations
----------------------------------------------------------------------------------------------------------------
Rule 1. Open Burning \1\
----------------------------------------------------------------------------------------------------------------
4-1-0.5...................... Definitions.......... 02/10/2001 12/9/2014, [insert Federal
Register citation].
4-1-1........................ Scope................ 02/10/2001 12/9/2014, [insert Federal
Register citation].
4-1-2........................ Prohibition against 02/10/2001 12/9/2014, [insert Federal
open burning. Register citation].
4-1-3........................ Exemptions........... 10/28/2011 12/9/2014, [insert Federal
Register citation].
4-1-4........................ Emergency burning.... 10/28/2011 12/9/2014, [insert Federal
Register citation].
4-1-4.1...................... Open burning 12/15/2002 12/9/2014, [insert Federal
approval; criteria Register citation].
and conditions.
4-1-4.2...................... Open burning; 02/10/2001 12/9/2014, [insert Federal
approval revocation. Register citation].
4-1-4.3...................... Open burning 02/10/2001 12/9/2014, [insert Federal
approval; delegation Register citation].
of authority.
----------------------------------------------------------------------------------------------------------------
Rule 2. Incinerators
----------------------------------------------------------------------------------------------------------------
4-2-1........................ Applicability........ 12/15/2002 11/30/2004, 69 FR 69531........
4-2-2........................ Incinerators......... 12/15/2002 11/30/2004, 69 FR 69531........
4-2-3........................ Portable incinerators 12/15/2002 11/30/2004, 69 FR 69531........
(Repealed).
[[Page 72981]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA is approving this rule for the counties of Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown,
Carroll, Cass, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, De Kalb, Delaware, Dubois, Elkhart,
Fayette, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry,
Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, La Porte, Lagrange,
Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange,
Owen, Parke, Perry, Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, St. Joseph, Scott, Shelby, Spencer,
Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash,
Warren, Warrick, Washington, Wayne, Wells, White, and Whitley.
* * * * *
[FR Doc. 2014-28798 Filed 12-8-14; 8:45 am]
BILLING CODE 6560-50-P
