Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 72979 

§ 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. 

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.); 


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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 Subject Indiana 

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 open burning ....... 02/10/2001 12/9/2014, [insert Federal 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 approval; criteria and 

conditions.

12/15/2002 12/9/2014, [insert Federal Register citation].

4–1–4.2 ............ Open burning; approval revocation .... 02/10/2001 12/9/2014, [insert Federal Register citation].

4–1–4.3 ............ Open burning approval; delegation of 

authority.

02/10/2001 12/9/2014, [insert Federal Register citation].

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 (Repealed) ....... 12/15/2002 11/30/2004, 69 FR 69531.


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Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 72981 

1The boundaries for this area are described in 40 

CFR 81.305. 

2See 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. 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject Indiana 

effective date EPA Approval date Notes 

*******

1EPA 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 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to the EPA. 

Table of Contents 

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 

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, 


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