Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Rules and Regulations 55641 

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. section 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. section 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 November 17, 

2014. 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: August 11, 2014. 

Alexis Strauss, 

Acting 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)(400)(i) and 

(c)(400)(ii)(C), and (c)(440), to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(400) * * * 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 2201, ‘‘New and Modified 

Stationary Source Review Rule,’’ 

amended on April 21, 2011. 

(ii) * * * 

(C) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Letter from David Warner, Deputy 

Air Pollution Control Officer, San 

Joaquin Valley Unified Air Pollution 

Control District, to Gerardo C. Rios, 

Chief, Air Permits Office, EPA Region 

IX, dated June 26, 2014. 

* * * * * 

(440) Amended regulations were 

submitted by the Governor’s designee 

on September 28, 2011. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 2020, ‘‘Exemptions,’’ 

amended on August 18, 2011. 

[FR Doc. 2014–22019 Filed 9–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0968; FRL–9916–47– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Open Burning Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a November 

14, 2011, request by Indiana to revise 

the state implementation plan (SIP) to 

incorporate the open burning provisions 

in Title 326 of the Indiana 

Administrative Code (IAC), Article 4, 

Rule 1 (326 IAC 4–1), Open Burning 

Rule. EPA is approving this rule for 

attainment counties and is taking no 

action on the rule for Clark, Floyd, Lake 

and Porter counties which are 

nonattainment or maintenance areas for 

ozone (O3) or particulate matter (PM). 

DATES: This direct final rule will be 

effective November 17, 2014, unless 

EPA receives adverse comments by 

October 17, 2014. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0968, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2011– 

0968. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 


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identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Charles Hatten, 

Environmental Engineer, (312) 886– 

6031 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. Discussion of State Submittal 

III. What action is EPA taking today? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Open burning is generally prohibited 

in the state of Indiana. Indiana state law 

exempts certain open burning activities 

under conditions that minimize the 

impact on the air quality and public 

health. Open burning activities allowed 

include: maintenance burning, 

recreational or ceremonial fires, farm 

burning, waste oil burning, prescribed 

used to facilitate the growth of desired 

vegetation, and residential burning. 

Indiana’s open burning rule at 326 

IAC 4–1 [formerly Air Pollution Code– 

2, (APC–2)] applies state-wide and was 

first approved on June 22, 1978 (43 FR 

26722), and re-codified on July 16, 1982 

(47 FR 30972). On February 1, 1996 (61 

FR 3581), EPA approved a ban on 

residential open burning for Clark, 

Floyd, Lake and Porter counties to 

reduce VOC emissions as part of 

Indiana’s fifteen (15) percent rate of 

progress plan for the 1-hour O3

standard. This ban on residential open 

burning remains a permanent and 

enforceable control measure in the 

state’s O3 SIP. 

On November 14, 2011, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request to EPA to revise 326 IAC 4–1. 

IDEM published several newspaper 

notices (March 31, 2011, June 25, 2011) 

informing the public of the revisions to 

326 IAC 4–1–3 and 326 IAC 4–1–4. 

IDEM held a public hearing on these 

revisions on August 3, 2011. There were 

no comments received. IDEM’s 

November 14, 2011, submittal also 

included certification that adoption of 

the revisions at 326 IAC 4–1–0.5, 326 

IAC 4–1–1, 326 IAC 4–1–2, 326 IAC 4– 

1–3, 326 IAC 4–1–4, 326 IAC 4–1–4.1, 

326 IAC 4–1–4.2, and 326 IAC 4–1–4.3, 

had been preceded by adequate notice 

and public hearing. 

II. Discussion of State Submittal 

Below is a discussion of Indiana’s 

rule, including an identification of any 

significant changes from the previously 

approved SIP. 

• 4–1–0.5 Definitions 

This section defines several terms, 

including a revised definition of ‘‘open 

burn.’’ IDEM consolidated the definition 

of the terms from 326 IAC 4–1, ‘‘open 

burning’’ and ‘‘open’’ into one 

definition at 326 IAC 4–1–0.5(6), ‘‘open 

burn.’’ The term ‘‘open burn’’ means, 

the burning of any materials wherein air 

contaminants resulting from combustion 

are emitted directly into the air, without 

passing through a stack or chimney from 

an enclosed chamber. This revision 

provides clarity to the definition of 

‘‘open burn’’ and is approvable into the 

Indiana SIP. 

• 4–1–1 Scope 

This section describes the rule’s 

applicability. The applicability remains 

consistent with the existing SIP and 

continues to apply to all open burning 

state-wide. 

Because the revisions to this section 

are administrative and non-substantive, 

EPA finds 326 IAC 4–1–1 remains 

consistent with the approved SIP, and 

therefore, are approvable into Indiana’s 

SIP. 

• 4–1–2 Prohibition Against Open 

Burning 

This section prohibits open burning of 

any material not exempt, or authorized, 

unless approval has been granted by the 

Commissioner or the Commissioner’s 

designated agent. There were no 

substantive changes to this section of 

the rule. The revision reflects a wording 

change. The language in the SIP reads, 

‘‘No person shall open burn any 

material except as provided in section 3 

or 4.’’ Indiana’s revised the language 

now reads, ‘‘Open burning is prohibited 

except as allowed in this rule.’’ 

The revision to this section requires a 

person or entity subject this rule to 

comply with the entire rule and not just 

certain sections. Thus, EPA finds the 

revision to the rule to be consistent with 

the approved SIP and is approvable into 

Indiana’s SIP. 

• 4–1–3 Exemptions 

In the approved SIP, section 3 of 326 

IAC 4–1 identifies those exemptions for 

certain open burning activities under 

conditions that minimize the impact on 

air quality and public health. 

In section (3)(a)(1) Indiana identifies 

exemptions in the rule for open burning 

for maintenance purposes. This 

exemption allows open burning of the 

following: (1) Vegetation from farms, 

cemeteries, drainage ditches and 

agricultural land, if the burn occurs in 

an unincorporated area; (2) wood 

products from pruning or clearing a 

roadside by a county highway 

department and the initial clearing of a 

public utility right-of-way if in an 

unincorporated area; (3) undesirable 

wood structures or remnants; and (4) 

clean petroleum products for 

maintaining or for repairing railroad 

tracks, but not including railroad ties. 

Section (3)(a)(2) applies certain 

restrictions to open burning, for 

maintenance purposes, that is allowed 

by this rule. These include: 

Extinguishing the fire if it creates a 

nuisance or a fire hazard; all fires must 

be attended at all times during burning 

until completely extinguished; no 

burning during unfavorable 

meteorological conditions; removal of 

all asbestos-containing material before 

burning of a structure. The language in 


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this section (3)(a) remains consistent 

with the existing SIP. 

Section (3)(b) specifies certain 

conditions that apply to any fires 

allowed by this rule in section (3)(c). 

The language in this section (3)(b) 

remains consistent with the existing 

SIP. 

Section (3)(c) allows the following 

types of fires: Recreational and 

ceremonial fires; private residential 

burning; and waste oil burning. IDEM 

added criteria that would allow the 

burning of two single family, nondemolished dwellings per calendar year 

by municipal fire departments for the 

purposes of live fire training subject to 

certain conditions, including written 

notification to IDEM and the removal of 

material that would otherwise result in 

toxic air emissions; and the ceremonial 

burning of United States flags. These 

additional exemptions are subject to 

both the conditions in section (3)(b) and 

more specific conditions associated 

with each exemption to limit open 

burning emissions. 

The revisions to section 3 of 326 IAC 

are not anticipated to increase the 

amount or frequency of open burning 

occurring in Indiana, and therefore, are 

approvable into the Indiana SIP. 

• 4–1–4 Emergency Burning 

IDEM revised section 4 renaming it 

‘‘Emergency burning’’. The SIP 

approved language in section 4 of 326 

IAC 4–1 identified certain types of open 

burning not exempt by the rule that 

would require a person(s) to obtain prior 

approval before open burning by the Air 

Pollution Control Board (APCB) or its 

designated agent. Among the list of 

open burnings that IDEM would 

consider granting approval included 

emergency burnings. The revisions 

address the administrative function 

associated with open burning approvals 

in the event of an emergency. IDEM 

revised the rule for emergency burning 

to require written approval by the 

Commissioner. Emergency burnings 

may be authorized for spilled petroleum 

products and clean wood waste, 

vegetation or deceased animals under 

certain conditions. 

This revision serves to help clarify 

language in the rule regarding the 

approval process for emergency 

burning. Thus, EPA finds the revision to 

the rule to be consistent with the 

approved SIP when open burning for 

emergency purposes, and is approvable 

into the Indiana SIP. 

• 4–1–4.1 to 4–1–4.3 Open Burning 

Approval Process 

The open burning ‘‘approval process’’ 

is contained in sections 4–1–4.1 thru 4– 

1–4.3. The approval process is designed 

to simplify the relevant steps for a 

person(s) or an entity to submit a 

request to open burn or obtain a 

variance from the Commissioner or the 

Commissioner’s designated agent, 

similar to requests for approvals for 

emergency burning, as noted above in 

section 4. 

Below is a discussion of the various 

parts of Indiana’s open burning 

approval process. 

4–1–4.1 Open Burning Approval; 

Criteria and Conditions 

Section 4.1(a)—Burning not exempted 

by Section 3 or 4 of this rule may be 

authorized by the issuance of an 

approval by the Commissioner or the 

Commissioner’s designated agent, after 

consideration of an approval 

application, for fire training, burning of 

natural growth derived from a clearing 

operation and burning of highly 

explosive or dangerous materials for 

which no alternative disposal method 

exists, burning of clean wood products 

and natural growth. 

Section 4.1(b) specifies the criteria 

that may be considered for approval for 

open burning, including: A 

demonstration that alternative methods 

of disposal are impractical; there are not 

more than five residences within 500 

feet of the proposed burning site; there 

have been no open burning violations at 

the site of the proposed burning or the 

applicant; the burning site is located in 

a county not designated as a 

nonattainment area for PM10 (particles 

that are 10 micrometers in diameter or 

smaller) or O3 and is not located in 

Clark or Floyd County. 

Section 4.1(c) prohibits approval of 

residential burning in Clark, Floyd, Lake 

or Porter County. 

Section 4.1(d) provides the conditions 

that any approval for open burning may 

be subject to, including: Only clean 

wood products shall be burned; no 

asbestos-containing material shall be 

burned; no burning shall be conducted 

during unfavorable meteorological 

conditions; and burning shall be 

conducted during daylight hours only. 

Section 4.1(e) specifies that an 

approval letter for open burning shall be 

valid for no longer than one year from 

the date of issuance. However, an 

approval letter for open burning may be 

valid for as long as five years, if the 

approval application is accompanied by 

an open burning plan which must 

contain a description of the open 

burning proposed. 

Section 4.1(f) states that the 

Commissioner may add conditions to an 

approval letter, as necessary, to prevent 

a public nuisance or to protect public 

health. Such conditions may be based 

on local air quality conditions, 

including whether the area is a 

nonattainment county as defined in 326 

IAC 1–4–1 or has been redesignated 

from nonattainment to attainment 

status. 

4–1–4.2 Open Burning; Approval 

Revocation 

As a part of the approval process, this 

section allows the Commissioner to 

revoke an approval letter for open 

burning if the applicant violates any 

requirement of Section 4.1(d) or 4.1(f) or 

falsifies any information on an 

application for an approval. 

4–1–4.3 Open Burning Approval; 

Delegation of Authority 

This section of the rule states that the 

Commissioner may delegate the 

authority to issue approval letters for 

open burning to another agency that has 

the necessary legal authority to 

implement an approval program. 

EPA finds the ‘‘approval process’’ 

outlined in 326 IAC 4–1–4.1 to 326 IAC 

4–1–4.3 to be consistent with the 

approved SIP. The revisions to the rule 

does not relax IDEM’s review process, 

provides clarity, as well as simplifies 

the administrative procedures necessary 

to obtain approval or a variance to open 

burn. 

EPA finds Indiana’s open burning rule 

provides a state-wide prohibition of 

open burning with reasonable 

exceptions. Open burning not 

specifically exempt may be authorized 

by the Commissioner for specific 

purposes, e.g., fire training or burning of 

highly explosive materials, and based 

upon specified criteria, e.g. alternative 

methods of disposal are not feasible and 

there are not more than five residences 

within 500 feet of the proposed burning 

site. EPA will recognize approvals for 

burning not specifically exempted by 

these regulations authorized by the 

Commissioner or the Commissioner’s 

designated agent provided that a copy of 

the approval letter and application be 

kept on file and made available to EPA 

upon request. 

The revisions to 326 IAC 4–1 range 

from wording changes and additions, 

improve and expand the applicability of 

the rule and its impact on air quality 

statewide. EPA is approving this rule for 

attainment counties and is taking no 

action on the rule for Clark, Floyd, Lake 

and Porter counties which are 

nonattainment or maintenance areas for 

O3 or PM. On balance, EPA finds that 

the rule strengthens the existing SIP in 

Indiana and as such, deems the 

submittal approvable. 


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III. What action is EPA taking today? 

EPA is approving a November 14, 

2011, request by Indiana to revise the 

SIP to update 326 IAC 4–1, Open 

Burning Rule, because reducing open 

burning will reduce PM, volatile organic 

compounds, and other pollutants. EPA 

is approving this rule for attainment 

counties and is taking no action on the 

rule for Clark, Floyd, Lake and Porter 

counties which are nonattainment or 

maintenance areas for O3 or PM. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective November 17, 2014 without 

further notice unless we receive relevant 

adverse written comments by October 

17, 2014. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. 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. If we do not receive 

any comments, this action will be 

effective November 17, 2014. 

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 Clean Air 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 November 17, 

2014. 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 this 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, Emissions Reporting, 

Incorporation by reference, Ozone, 

Volatile organic compounds. 

Dated: September 2, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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. 

■ 2. In § 52.770, the table in paragraph 

(c) is amended by revising the entries 

under the subheading entitled ‘‘Article 

4. Burning Regulations’’ and by adding 

footnote 1 to the end of the table to read 

as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 


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EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Article 4. Burning Regulations 

Rule 1. Open Burning 1

4–1–0.5 .................................... Definitions ............................... 02/10/2001 09/17/2014, [insert Federal 

Register citation]. 

4–1–1 ....................................... Scope ..................................... 02/10/2001 09/17/2014, [insert Federal 

Register citation]. 

4–1–2 ....................................... Prohibition against open burning.02/10/2001 09/17/2014, [insert Federal 

Register citation]. 

4–1–3 ....................................... Exemptions ............................. 10/28/2011 09/17/2014, [insert Federal 

Register citation]. 

4–1–4 ....................................... Emergency burning ................ 10/28/2011 09/17/2014, [insert Federal 

Register citation]. 

4–1–4.1 .................................... Open burning approval; criteria and conditions.12/15/2002 09/17/2014, [insert Federal 

Register citation]. 

4–1–4.2 .................................... Open burning; approval revocation.02/10/2001 09/17/2014, [insert Federal 

Register citation]. 

4–1–4.3 .................................... Open burning approval; delegation of authority.02/10/2001 09/17/2014, [insert Federal 

Register citation]. 

Rule 2. Incinerators 

4–2–1 ....................................... Applicability ............................ 12/15/2002 11/30/2004, 69 FR 69531. 

4–2–2 ....................................... Incinerators ............................. 12/15/2002 11/30/2004, 69 FR 69531. 

4–2–3 ....................................... Portable incinerators (Repealed).12/15/2002 11/30/2004, 69 FR 69531. 

* * * * * * * 

1EPA is approving Rule 1 for the counties of Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clay, Clinton, 

Crawford, Daviess Dearborn, Decatur, De Kalb, Delaware, Dubois, Elkhart, Fayette, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, 

Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, La Porte, Lagrange, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke, Perry, 

Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, St. Joseph, Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Switzerland, Tippecanoe, 

Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White, and Whitley. 

* * * * * 

[FR Doc. 2014–22049 Filed 9–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2013–0686; FRL 9916–12– 

Region 9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of Arizona; 

Redesignation of Phoenix-Mesa Area 

to Attainment for the 1997 8-Hour 

Ozone Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, as a revision 

to the Arizona state implementation 

plan, a request from the Arizona 

Department of Environmental Quality to 

redesignate the Phoenix-Mesa ozone 

nonattainment area to attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS or 

‘‘standard’’) because the request meets 

the statutory requirements for 

redesignation under the Clean Air Act. 

EPA is also approving the State’s plan 

for maintaining the 1997 ozone standard 

in the Phoenix-Mesa area for 10 years 

beyond redesignation, and the 

inventories and related motor vehicle 

emissions budgets within the plan, 

because they meet the applicable 

requirements for such plans and 

budgets. 

DATES: This final rule is effective on 

October 17, 2014. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R09–OAR–2013–0686. 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. 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., Confidential Business 

Information). 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: 

Ginger Vagenas, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, (415) 972–3964, 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Action 

A. Determination That the Area Has 

Attained the Applicable NAAQS 


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