[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72979-72981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0968; FRL-9920-15-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Open Burning Rule

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
November 14, 2011, request by Indiana to revise the state 
implementation plan (SIP) to update the open burning provisions in 
Title 326 of the Indiana Administrative Code (IAC), Article 4, Rule 1 
(326 IAC 4-1), Open Burning Rule. This action applies statewide, with 
the exception of Clark, Floyd, Lake and Porter counties. 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 (O<INF>3</INF>) or 
particulate matter (PM).

DATES: This final rule is effective on January 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2011-0968. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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, at (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, <a href="/cdn-cgi/l/email-protection#ddb5bca9a9b8b3f3beb5bcafb1b8ae9db8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="e48c859090818aca878c8596888197a4819485ca838b92">[email protected]</span></a>.

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 EPA addressing in this document?
II. Public Comments Received and EPA's Response
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is EPA addressing in this document?

    On September 17, 2014 (79 FR 55641, 79 FR 55712), EPA published a 
direct final approval of revisions to 326 IAC 4-1, Indiana's open 
burning rule. The revisions improve and expand the applicability of 
open burning and its impact on air quality statewide.
    On November 5, 2014, EPA withdrew the direct final approval because 
of an adverse comment (79 FR 65589). In this document EPA is responding 
to the comment and taking final action to approve Indiana's SIP 
revision request.

II. Public Comment Received and EPA's Response

    EPA received one adverse comment on the September 17, 2014, 
proposed approval of this Indiana rule.
    Comment: Commenter disagrees with approval of Indiana's open 
burning rule. Commenter says the wind in Indiana moves in an easterly 
direction and that fine PM emissions from Indiana contributes to the 
cause of serious health effects (lung cancer, heart attacks, strokes, 
asthma, pneumonia, and allergies) for all people breathing the polluted 
air from Indiana. The commenter also said that the allowance of open 
burning hurts the nation and raises the concern of huge health costs 
for people breathing dirty air from Indiana.
    EPA Response: EPA agrees that exposure to fine PM may be linked to 
a number of health related problems. The revision to rule 326 IAC 4-1 
strengthens Indiana's existing open burning rule by reducing the amount 
of open burning allowed to take place in Indiana, thereby reducing the 
exposure of the general population to PM emissions and minimizing 
health care costs.

III. What action is EPA taking?

    EPA is approving the November 14, 2011, request by IDEM to revise 
Indiana's SIP to update 326 IAC 4-1, Indiana's Open Burning Rule, 
because reducing open burning will reduce PM, volatile organic 
compounds, and other pollutants. EPA's action applies statewide, with 
the exception of Clark, Floyd, Lake and Porter counties. EPA is taking 
no action in Clark, Floyd, Lake, and Porter counties which are 
nonattainment or maintenance areas for O<INF>3</INF> or PM.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 72980]]

    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).
    This rule is not approved to apply on any Indian reservation land 
or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
does not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), nor will it 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 February 9, 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. 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, Emission 
reporting, Incorporation by reference, Ozone, Volatile organic 
compounds.

    Dated: November 24, 2014.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  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:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                          Indiana
       Indiana citation               Subject         effective date         EPA Approval date           Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Article 4. Burning Regulations
----------------------------------------------------------------------------------------------------------------
                                            Rule 1. Open Burning \1\
----------------------------------------------------------------------------------------------------------------
4-1-0.5......................  Definitions..........      02/10/2001  12/9/2014, [insert Federal
                                                                       Register citation].
4-1-1........................  Scope................      02/10/2001  12/9/2014, [insert Federal
                                                                       Register citation].
4-1-2........................  Prohibition against        02/10/2001  12/9/2014, [insert Federal
                                open burning.                          Register citation].
4-1-3........................  Exemptions...........      10/28/2011  12/9/2014, [insert Federal
                                                                       Register citation].
4-1-4........................  Emergency burning....      10/28/2011  12/9/2014, [insert Federal
                                                                       Register citation].
4-1-4.1......................  Open burning               12/15/2002  12/9/2014, [insert Federal
                                approval; criteria                     Register citation].
                                and conditions.
4-1-4.2......................  Open burning;              02/10/2001  12/9/2014, [insert Federal
                                approval revocation.                   Register citation].
4-1-4.3......................  Open burning               02/10/2001  12/9/2014, [insert Federal
                                approval; delegation                   Register citation].
                                of authority.
----------------------------------------------------------------------------------------------------------------
                                              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      12/15/2002  11/30/2004, 69 FR 69531........
                                (Repealed).
 

[[Page 72981]]

 
                                                  * * * * * * *
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\1\ EPA is approving this rule 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. 2014-28798 Filed 12-8-14; 8:45 am]
BILLING CODE 6560-50-P


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