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

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]

m 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

11. Public Comments and EPA Responses

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

SJVUAPC D ........................................................... 4103 O pen 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 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.

57907

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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

30 7(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]

m 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

HeinOnline -- 74 Fed. Reg. 57908 2009