Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13495 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Rule 7. Part 70 Permit Program 

2–7–10.5 ...... Part 70 permits; source modifications.10/26/2013 3/16/2015 [insert Federal Register 

citation].

Indiana made typographical corrections to (f)(2)(C) on 1/11/2014. 

Rule 8. Federally Enforceable State Operating Permit Program 

*******

2–8–11.1 ...... Permit revisions .............................. 10/26/2013 3/16/2015 [insert Federal Register 

citation].

Indiana made typographical corrections to (d)(4) on 1/11/2014. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–05838 Filed 3–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0851; FRL–9923–07– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District and 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) and 

South Coast Air Quality Management 

District (SCAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM) emissions from 

residential wood burning and 

particulate matter air pollution control 

devices. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on May 15, 

2015 without further notice, unless EPA 

receives adverse comments by April 15, 

2015. 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–2014–0851, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

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

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

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 

www.regulations.gov or email. 

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 email 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: 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 94105–3901. 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

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 is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

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 they were 

amended by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 


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13496 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

SMAQMD ......................... 421 Mandatory Episodic Curtailment of Wood and Other Solid Fuel 

Burning (except section 402).

09/24/09 09/21/12 

SCAQMD ......................... 1155 Particulate Matter (PM) Control Devices ....................................... 05/02/14 07/25/14 

On October 11, 2012 and September 

11, 2014, EPA determined that the 

submittal for SMAQMD Rule 421 and 

SCAQMD Rule 1155, respectively, met 

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? 

There are no previous versions of 

SMAQMD Rule 421 and SCAQMD 1155 

in the SIP, although the SCAQMD 

adopted an earlier version of Rule 1155 

on December 4, 2009, and CARB 

submitted it to us on August 25, 2010. 

While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with the 

previous submittal. 

C. What is the purpose of the submitted 

rules? 

PM contributes to effects that are 

harmful to human health and the 

environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. SMAQMD Rule 421 

reduces emissions of particulate matter 

by restricting operation of wood burning 

appliances on days when the particulate 

matter concentration is forecast to 

exceed ambient air quality standards. 

SCAQMD Rule 1155 establishes 

minimum performance and 

maintenance requirements for permitted 

particulate matter (PM) air pollution 

control devices. EPA’s technical support 

documents (TSD) have 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 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, SMAQMD and 

SCAQMD regulate PM2.5 nonattainment 

areas (see 40 CFR 81.305), so the 

Reasonably Available Control Measure 

(RACM) requirement (see CAA section 

189(a)(1)) applies to these areas. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACM requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (revised 

January 11, 1990) (the Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

4. ‘‘State Implementation Plans for 

Serious PM–10 Nonattainment Areas, 

and Attainment Date Waivers for PM–10 

Nonattainment Areas Generally; 

Addendum to the General Preamble for 

the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 59 

FR 41998 (August 16, 1994). 

5. ‘‘PM–10 Guideline Document,’’ 

EPA 452/R–93–008, April 1993. 

B. Do the rules meet the evaluation 

criteria? 

We believe SMAQMD Rule 421 

(except section 402) and the Financial 

Hardship Exemption Decision Tree 

outlining the criteria for granting 

waivers submitted as non-regulatory 

supplemental material, and SCAQMD 

Rule 1155 are consistent with the 

relevant policy and guidance regarding 

enforceability, RACM, and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. Public Comment and Final Action 

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

the Act, 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 rules. If we receive adverse 

comments by April 15, 2015, 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 May 15, 2015. 

This will incorporate these rules 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 

are not the subject of an adverse 

comment. 

III. 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 (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); 


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Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13497 

• 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 May 15, 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. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 23, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(423) (i)(B)(2) and 

(ii) and (c)(447)(i)(C) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(423) * * * 

(i) * * * 

(B) * * * 

(2) Rule 421, ‘‘Mandatory Episodic 

Curtailment of Wood and Other Solid 

Fuel Burning (except section 402),’’ 

amended on September 24, 2009. 

(ii) Additional Material. 

(A) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 421, ‘‘Mandatory Episodic 

Curtailment of Wood and Other Solid 

Fuel Burning,’’ Financial Hardship 

Exemption Decision Tree, dated 

December 12, 2007. 

* * * * * 

(447) * * * 

(i) * * * 

(C) South Coast Air Quality 

Management District. 

(1) Rule 1155, ‘‘Particulate Matter 

(PM) Control Devices,’’ amended on 

May 2, 2014. 

* * * * * 

[FR Doc. 2015–05807 Filed 3–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[Docket No. FWS–R9–MB–2012–0098; 

FF09M21200–134–FXMB1231099BPP0] 

RIN 1018–AZ19 

Migratory Bird Hunting and Permits; 

Regulations for Managing Harvest of 

Light Goose Populations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We reduce the information 

collection requirements for participants 

in the light goose conservation order, 

which authorizes methods of take to 

increase harvest of certain populations 

of light geese in the Atlantic, Central, 

Mississippi, and Pacific Flyways, and to 

reduce the burden on State and tribal 

wildlife agencies that are required to 

submit annual light goose harvest 

reports to us. This action will eliminate 

reporting requirements that we believe 

to be unnecessary and will relieve 

requirements on individuals, States, and 

tribes. 

DATES: This regulation change will be 

effective on April 15, 2015. 

ADDRESSES: Document Availability: You 

may obtain a copy of the final 

environmental impact statement (EIS) 

on this management issue from our Web 

site at: http://www.fws.gov/

migratorybirds/currentbirdissues/

management/snowgse/tblcont.html, or 

by requesting one from the Division of 

Migratory Bird Management, U.S. Fish 

and Wildlife Service, 5275 Leesburg 

Pike, Mail Stop MB, Falls Church, VA 

22041–3830. 

FOR FURTHER INFORMATION CONTACT: 

James Kelley at 612–713–5409. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Migratory Bird Treaty Act 

(MBTA), the U.S. Fish and Wildlife 

Service (Service) has the primary 

Federal responsibility for managing 

migratory birds. We implement the 

provisions of the MBTA through 

regulations in parts 10, 13, 20, 21, and 

22 of title 50 of the Code of Federal 

Regulations (CFR). 

In 1999, we established a 

conservation order at 50 CFR 21.60 to 

increase harvest of light geese and 

authorize new methods of take (64 FR 

7517, February 16, 1999). We took this 

action because several populations of 

light geese were exceeding the carrying 

capacity of their breeding or migration 


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