Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 57907 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 13, 2009. 

Walter W. Kovallivk Jr., 

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)(190) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(190) On September 11, 2008, Indiana 

submitted a revision to its SIP. The 

revisions add particulate matter, sulfur 

dioxide, and nitrogen oxides control 

and emission limitations on the 

Southern Indiana Gas and Electric 

Company’s F.B. Culley Generating 

Station, a power plant located in 

Warrick County, Indiana. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 6: Particulate Rules, Rule 7: 

Particulate Matter Emission Limitations 

for Southern Indiana Gas and Electric 

Company, Section 1: ‘‘Southern Indiana 

Gas and Electric Company (SIGECO)’’; 

Article 7: Sulfur Dioxide Rules, Rule 4: 

Emission Limitations and Requirements 

by County, Section 10: ‘‘Warrick County 

sulfur dioxide emission limitations’’; 

and Article 10: Nitrogen Oxides Rules, 

Rule 6: Nitrogen Oxides Emission 

Limitations for Southern Indiana Gas 

and Electric Company, Section 1: 

‘‘Southern Indiana Gas and Electric 

Company (SIGECO)’’. 

Filed with the Secretary of State on 

July 31, 2008 and effective on August 

30, 2008. Published in Indiana Register 

326070309 on August 28, 2008, LSA 

Document #07–309(F). 

[FR Doc. E9–26936 Filed 11–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0272; FRL–8970–4] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District and South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on June 26, 2009, and concern 

particulate matter (PM) emissions from 

open burning, wood burning fireplaces 

and heaters, and the storage, handling, 

and transportation of coke, coal, and 

sulfur. We are approving local rules that 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: Effective Date: This rule is 

effective on December 10, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0272 for 

this action. The index to the docket is 

available electronically at http:// 

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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 26, 2009, (74 FR 30485), EPA 

proposed to approve the following rules 

into the California SIP: 

Local agency Rule # Rule title Amended Submitted 

SJVUAPCD ........................................................... 4103 Open Burning ....................................................... 05/17/07 04/06/09 

SJVUAPCD ........................................................... 4901 Wood Burning Fireplaces and Wood Burning 

Heaters.

10/16/08 12/23/08 

SCAQMD .............................................................. 1158 Storage, Handling, Transport of Coke, Coal and 

Sulfur.

07/11/08 12/23/08 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we did not receive any 

comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 


srobinson on DSKHWCL6B1PROD with RULES
57908 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations 

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 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.); 

• 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 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). 

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 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 January 11, 2010. 

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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 18, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(364)(i)(A)(2) and 

(c)(364)(i)(B), and (c)(366) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(364) * * * 

(i) * * * 

(A) * * * 

(2) Rule 4901, ‘‘Wood Burning 

Fireplaces and Wood Burning Heaters,’’ 

amended on October 16, 2008. 

* * * * * 

(B) South Coast Air Quality 

Management District. 

(1) Rule 1158, ‘‘Storage, Handling, 

and Transport of Coke, Coal and 

Sulfur,’’ amended July 11, 2008. 

* * * * * 

(366) New and amended regulations 

for the following agencies were 

submitted on April 6, 2009, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4103, ‘‘Open Burning,’’ 

amended May 17, 2007. 

* * * * * 

[FR Doc. E9–26958 Filed 11–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2009–0707; FRL–8979–5] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action announces the 

Environmental Protection Agency’s 

(EPA’s) approval of alternative testing 

methods for use in measuring the levels 

of contaminants in drinking water and 

determining compliance with national 

primary drinking water regulations. The 

Safe Drinking Water Act (SDWA) 

authorizes EPA to approve the use of 

alternative testing methods through 

publication in the Federal Register. EPA 

is using this streamlined authority to 

make 25 additional methods available 

for analyzing drinking water samples 

required by regulation. This expedited 

approach provides public water 

systems, laboratories, and primacy 

agencies with more timely access to new 

measurement techniques and greater 

flexibility in the selection of analytical 

methods, thereby reducing monitoring 

costs while maintaining public health 

protection. 

DATES: This action is effective 

November 10, 2009. 

FOR FURTHER INFORMATION CONTACT: Safe 

Drinking Water Hotline: (800) 426–4791 


srobinson on DSKHWCL6B1PROD with RULES