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

ofsuch rule or action. Parties with objections to this direct final rule are encouraged to file a commentin response to theparallel notice of proposed rulemaking for this action published in the proposed rules section oftoday's Federal Register, rather than file an immediate petition forjudicial review ofthis direct finalrule, so that EPA can withdraw this direct final rule and address the comment inthe proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Listof Subjects in40 CFRPart 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., ActingRegionalAdministrator, Region5. * 40 CFRpart 52is amended as follows:

PART 52-[AMENDED]

m 1. The authority citationfor part52 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 Identificationofplan.

(c) * * * (190) On September 11, 2008, Indiana submitted arevision 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 EmissionLimitations 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 andRequirements 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 ofState on July 31, 2008 and effective on August 30, 2008. Published in Indiana Register 326070309 on August 28, 2008, LSA Document #07-309(F).
[FRDoc. 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]

Revisionstothe California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control Districtand South Coast AirQuality 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 ofthe California State Implementation Plan (SIP). These revisions were proposed in the Federal Register onJune 26, 2009, and concern particulate matter (PM) emissions from open burning, wood burning fireplaces and heaters, and the storage, handling, and transportation ofcoke, coal, and sulfur. We are approving local rulesthat regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or theAct).
DATES: EffectiveDate: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 athttp:// www.regulations.govandin 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 maybe 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 normalbusiness 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 ofContents

I.Proposed Action 11.

Public Comments and EPAResponses II.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 10/16/08 12/23/08 Heaters. SCAQMD

.............................................................. 1158 Storage, Handling, Transport of Coke, Coal and 07/11/08 12/23/08 Sulfur.

We proposed to approve theserules because we determined thatthey complied with the relevant CAA requirements. Ourproposed action contains more information on the rules and our evaluation. II. Public Comments andEPA Responses

EPA's proposed action provided a 30- day public comment period. Duringthis period, we did not receive any comments. III. EPAAction

No comments were submitted that change our assessment thatthe submitted rules comply with the relevant CAA requirements. Therefore,

as authorized in section 110(k)(3) ofthe Act, EPA is fully approving these rules into the California SIP. 

### 57907

HeinOnline -- 74 Fed. Reg. 57907 2009

### 57908 Federal Register/Vol. 74, No. 216/Tuesday, November 10, 2009/Rules and Regulations

IV. Statutory andExecutive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve State choices, provided thatthey meet the criteria ofthe CleanAir 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 reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* 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 etseq.);

* Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased onhealth 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 (66FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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 ontribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rulemay take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in theFederal Register. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicialreview of this action must be filed in the United States Court ofAppeals for the appropriate circuit byJanuary 11, 2010. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis actionfor the purposes ofjudicial review nordoes it extend the time within which a petition forjudicial review maybe filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged laterin proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: September 18, 2009. Jane Diamond, ActingRegionalAdministrator, RegionIX. * Part52, ChapterI,Title 40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

m 1. The authority citation for Part 52 continues to read as follows:

Authority:42 U.S.C. 7401 etseq. Subpart F-California

* 2.Section 52.220 is amendedby adding paragraphs (c)(364)(i)(A)(2) and (c)(364)(i)(B), and (c)(366) to read as follows:
§52.220 Identificationof 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, andTransport ofCoke, Coal and Sulfur," amended July 11, 2008.

• * * * *

(366) New and amended regulations for the following agencies were submitted onApril 6, 2009, by the Governor's designee. (i)Incorporation byreference. (A) SanJoaquin ValleyUnified Air Pollution Control District. (1)Rule 4103, "Open Burning," amended May 17, 2007.

• * * * * [FRDoc. 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 ofAlternative Test Procedures forthe Analysisof Contaminants Under the Safe Drinking Water Act; Analysisand Sampling Procedures

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: This action announces the Environmental Protection Agency's (EPA's)approval ofalternative testing methods for use in measuring the levels ofcontaminants in drinking water and determining compliance withnational primary drinking waterregulations. The Safe Drinking Water Act (SDWA) authorizes EPAto 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 byregulation. 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 ofanalytical methods, thereby reducing monitoring
costs while maintaining publichealth protection. DATES: This action is effective November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Safe Drinking Water Hotline: (800) 426-4791

HeinOnline -- 74 Fed. Reg. 57908 2009