27716 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 3, 2009. 

Laura Yoshii, 

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)(354)(i)(D) and 

(359)(i)(C) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(D) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 427, ‘‘Steam Drive Crude Oil 

Production Wells,’’ adopted on January 

16, 1980 and amended on October 17, 

2007. 

* * * * * 

(359) * * * 

(i) * * * 

(C) Placer County Air Pollution 

Control District. 

(1) Rule 212, ‘‘Storage of Organic 

Liquids,’’ adopted on May 24, 1977 and 

amended on June 19, 1997. 

* * * * * 

[FR Doc. E9–13481 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0142; FRL–8902–1] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District and 

South Coast Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD) and 

South Coast Air Quality Management 

District (SCAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM–10) emissions 

from open outdoor fires and from wood 

burning devices. We are approving local 

rules under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on August 

10, 2009 without further notice, unless 

EPA receives adverse comments by July 

13, 2009. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0142, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

Http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action 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: 

Alfred Petersen, EPA Region IX, (415) 

947–4118, petersen.alfred@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What are the purposes of the submitted 

new rule and rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendation to further improve 

a rule 

D. Public comment and final action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that the rules 

were amended by the local air agencies 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended or 

adopted Submitted 

AVAQMD .................................... 444 Open Outdoor Fires ............................................ 02/19/08 Amended .................... 07/18/08 

SCAQMD .................................... 445 Wood Burning Devices ....................................... 03/07/08 Adopted ...................... 07/18/08 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27717 

On August 22, 2008, the submittal of 

AVAQMD Rule 444 and SCAQMD Rule 

445 were determined to meet the 

completeness criteria in 40 CFR part 51, 

appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

A version of AVAQMD Rule 444 was 

approved into the SIP on July 6, 1982 

(47 FR 29231). 

There is no version of SCAQMD Rule 

445 in the SIP. 

C. What are the purposes of the 

submitted new rule and rule revisions? 

Section 110(a) of the Clean Air Act 

(CAA) requires States to submit 

regulations that control volatile organic 

compounds, nitrogen oxides, particulate 

matter, and other air pollutants which 

harm human health and the 

environment. These rules were 

developed as part of local air districts’ 

programs to control these pollutants. 

The purposes of the submitted 

AVAQMD Rule 444 revisions relative to 

the SIP rule are as follows: 

• 444(A): The rule is revised to apply 

the District Smoke Management 

Program to open burning while 

minimizing smoke impacts to the 

public. 

• 444(B)(13): An ‘‘Approved Burn 

Plan’’ is replaced with a ‘‘Smoke 

Management Plan.’’ 

• 444(C)(1): The requirement is added 

for all burn projects that are greater than 

10 acres or that are estimated to produce 

more than one ton of particulate matter 

shall be conducted in accordance with 

the Smoke Management Program. 

• 444(C)(2): A list added of materials 

prohibited from open burning. 

• 444(C)(3): The permission is added 

to burn during adverse meteorological 

conditions in a case where there would 

be an imminent and substantial 

economic loss, providing a special 

permit is obtained from the District and 

not from a local fire agency. 

• 444(C)(4): The provision is added 

for a prescribed burn permittee to obtain 

from CARB up to 48 hours in advance 

of the burn day a permissive-burn, 

marginal-burn, or no-burn forecast. 

• 444(C)(6): The requirements are 

added for ignition, stacking, drying, and 

time of day for open burning with the 

exception of prescribed burning. 

• 444(C)(7): The list is added for 

burning applications that require a 

permit, such as (a) empty containers 

used for explosives, (b) right-of-way 

clearance for a public entity or utility, 

or (c) wood waste. 

• 444(C)(9): The requirement is added 

for a Smoke Management Plan for 

prescribed burning in (a) forest 

management, (b) range improvement, 

and (c) wildland vegetation 

management. 

• 444(D)(1): Exemptions are deleted 

for (a) open fires in agricultural 

operations at over 3,000 feet elevation 

and (b) open fires in agricultural 

burning at over 6,000 feet elevation. 

The primary purpose of SCAQMD 

Rule 445 is to reduce the emission of 

particulate matter from wood burning 

devices. The rule contains the following 

requirements: 

• 445(d)(1): No person shall install a 

woodburning device in a new 

development unless it is (A) an EPA 

Phase II-certified woodburning heater, 

(B) a pellet-fueled heater, (C) a masonry 

heater, (D) a woodburning device that 

meets emission standards in 40 CFR 

part 60, subpart AAA, or (E) a dedicated 

gaseous-fueled fireplace. 

• 445(d)(3): No person shall burn fuel 

not intended for a woodburning device. 

• 445(d)(4): A commercial firewood 

facility shall sell seasoned wood only 

from July 1 through the end of February 

but may sell both seasoned and 

unseasoned wood the balance of the 

year. 

• 445(e): No person shall burn wood 

indoors or outdoors when a mandatory 

woodburning curtailment day is 

forecast. 

• 445(f): Devices exempt from 

requirements of the rule are (1) 

cookstoves, (2) devices with no gas 

infrastructure near new developments, 

(3) permanently-installed devices upon 

property sale, (4) properties registered 

as a historic site, and (5) manufactured 

firelogs. 

• 445(f)(6): Circumstances exempt 

from requirements of the rule are (A) 

sole source of heat, (B) low income 

household, (C) no gas infrastructure 

available, (D) elevation over 3,000 ft, 

and (E) ceremonial fires. 

EPA’s technical support document 

(TSD) has more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). SIP rules in serious PM–10 

nonattainment areas must require for 

significant sources best available control 

measures (BACM), including best 

available control technology (BACT) 

(see section 189(b)). AVAQMD and 

SCAQMD regulate serious PM–10 

nonattainment areas (see 40 CFR part 

81), so AVAQMD Rule 444 and 

SCAQMD Rule 445 must fulfill the 

requirements of BACM/BACT. 

Guidance and policy documents that 

we used to help evaluate rules 

consistently include the following: 

• Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, U.S. EPA, 40 

CFR part 51. 

• PM–10 Guideline Document (EPA– 

452/R–93–008). 

• Technical Information Document 

for Residential Wood Combustion Best 

Available Control Measures, (EPA–450/ 

2–92–002). 

• Minimum BACM/RACM Control 

Measures for Residential Wood 

Combustion Rules, EPA Region IX 

(September 16, 2008). 

B. Do the rules meet the evaluation 

criteria? 

We believe that AVAQMD Rule 444 

and SCAQMD Rule 445 are consistent 

with the relevant policy and guidance 

regarding enforceability, BACM/BACT, 

and SIP relaxations and should be given 

full approval. The TSD has more 

information on our evaluation. 

C. EPA recommendation to further 

improve a rule 

The TSD describes an additional rule 

revision that does not affect EPA’s 

current action but is recommended for 

the next time the local agency modifies 

SCAQMD Rule 445. 

D. Public comment and final action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rule. If we receive adverse 

comments by July 13, 2009, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on August 10, 

2009. This will incorporate the rule into 

the Federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 


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27718 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a State rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule 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 August 10, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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: April 3, 2009. 

Laura Yoshii, 

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 paragraph (c)(359)(i)(B)(2) and 

(D) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) * * * 

(i) * * * 

(B) * * * 

(2) Rule 445, ‘‘Wood Burning 

Devices,’’ adopted on March 7, 2008. 

* * * * * 

(D) Antelope Valley Air Quality 

Management District. 

(1) Rule 444, ‘‘Open Outdoor Fires,’’ 

adopted on October 8, 1976 and revised 

on February 19, 2008. 

* * * * * 

[FR Doc. E9–13483 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0160; FRL–8912–4] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Tennessee and 

Commonwealth of Kentucky 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule, notice of 

administrative change. 

SUMMARY: EPA is notifying the public 

that it has received negative 

declarations for Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units from the State of Tennessee and 

the Commonwealth of Kentucky. These 

negative declarations certify that HMIWI 

units subject to the requirements of 

sections 111(d) and 129 of the Clean Air 

Act (CAA) do not exist in areas covered 

by the air pollution control programs of 

Tennessee Division of Air Pollution 

Control and Kentucky Division for Air 

Quality. 

DATES: This final action is effective July 

13, 2009 without further notice. 

ADDRESSES: Docket: All documents in 

the electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 


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